I 130 61a 62a

[Ab333 0]

I am currently applying for my husband who is out of the united states and i am stumped on question 61a and 62b. They seem to contradict themselves.

61a states: The beneficiary is in the united atates and will apply for adj of status to that of a lawful permanent resident at the USCIS office in.

My problem with this is he is not in the US but he will do an adjustment of status when he gets here. So i am assuming i would put N/A here. But then...

62a states: The beneficiary will not apply for adjustment of status in the US (which he will upon arriving), but he or she will apply for an immigrant visa abroad at the US embassy or US consulate in. 

This is where i am stumped. Because he will be applying for adjustment of status here in the US when he gets here. 

If I mark the city or town and country where he will apply for the visa 62a,  does this mean he cannot apply for adjustment of status here? Please help?

[EG&XY 144]

No, he will not be applying for an adjustment of status after he arrives in the us. The cr-1/ir-1 visa automatically grants a green card once the holder enters the us.

[Ab333 0]

Ok now i am confused. To verify

I send in the I130 along with I130a to uscis, then wait for a receipt and at this time i was told to send in the I129 (K3) for him and then they send that info to to NVC and that is where they set up an appt with the embassy in Uruguay (which is where he is). Then he comes here, and does an adjustment of status to have his permanent residency. 

But youre saying that he will automatically have his permanent residency? At the USCIS, i was told that this is the way i should do it. And they handed me the forms. Please tell me if i am doing this correctly? I havent even heard of a cr1/ ir1 visa.

[hannac 37]

8 minutes ago, Ab333 said:

Ok now i am confused. To verify

I send in the I130 along with I130a to uscis, then wait for a receipt and at this time i was told to send in the I129 (K3) for him and then they send that info to to NVC and that is where they set up an appt with the embassy in Uruguay (which is where he is). Then he comes here, and does an adjustment of status to have his permanent residency. 

But youre saying that he will automatically have his permanent residency? At the USCIS, i was told that this is the way i should do it. And they handed me the forms. Please tell me if i am doing this correctly? I havent even heard of a cr1/ ir1 visa.

In your case, sounds like you will be doing Consular prossessing since he is not in the US with you. Once you send in the I130 to USCIS, you wait for the receipt (NOA1) which is the Notice of Action. After receiving that, you have to wait for your petition to be approved, once approved you will receive your (NOA2). They will then send your file to the National Visa Center who will assign a case number, then forwarding your case to your embassy where he will be interviewed.

[Ab333 0]

Alright. I appreciate your help! Im still wondering what to put. I have another appt with USCIS soon. I want to make sure this is correct.

Thanks again!

Edited August 30, 2017 by Ab333

[EG&XY 144]

6 hours ago, Ab333 said:

Ok now i am confused. To verify

I send in the I130 along with I130a to uscis, then wait for a receipt and at this time i was told to send in the I129 (K3) for him and then they send that info to to NVC and that is where they set up an appt with the embassy in Uruguay (which is where he is). Then he comes here, and does an adjustment of status to have his permanent residency. 

But youre saying that he will automatically have his permanent residency? At the USCIS, i was told that this is the way i should do it. And they handed me the forms. Please tell me if i am doing this correctly? I havent even heard of a cr1/ ir1 visa.

I am totally confused by what you were told. I can't believe that uscis told you that?

 

There are almost no k-3 visas granted any more. If you were filing for a k-3 then the information you were given was probably correct, but while some people still file for that the I-129 is almost always administratively closed and an cr-1/ir-1 is issued by the consulate.

 

Check out the guide:

http://www.visajourney.com/content/i130guide1

 

Please note that some of the information is out of date (g-325a is no longer used), but it will give you an overview of the process.

[JFH 12,189]

*~*~*moved from "K-1 fiancé visa process and procedures" to "IR-1/CR-1 spouse visa process and procedures" as OP is married*~*~*

 

OP, when completing the I-130 you still need to state the interview location (which the consulate n the country where your husband lives or the one that his country uses if it does not have its own US consulate). The question about adjustment of status is only for people whose spouses are already in the USA on some other visa (work, study) at the time the I-130 is filed. This is not the case for you. Your husband will have a visa interview whether you apply for K-3 or CR-1. 

 

You are very unlikely to get a K-3 visa but it costs nothing to apply. I don't know why you would want one - a CR-1 is a far superior visa and enables him to work, drive, travel immediately upon arrival. He will be a green card holder from the minute his passport is stamped at the airport upon arrival. 

[Ab333 0]

Ok. I am not sure why it is i was told that then. What im hearing is is apply for I 130, I 130a, Ir1/ Cr1 and the electronic form. Why they would tell me to apply for I129f is beyond me. I am assuming that it was so he could come here faster to wait for the I130 to go through while in the US. Although, it doesnt seem by everyone comments (and thank you so much for all your advise ) that he would be likely to receive it. Thus I must wait for the I130 to go through for him to get here, which takes anywhere from 5-12 months. Up until a few days ago, it was stated in the USCIS website that I file the I 129f. Now i cant seem to find it anywhere. Things have obviously changed since I went to the USCIS office 4 months ago until now. 

Now my questions would be, what form is the Ir1/Cr1 form? What does it do? Is it the same as a I129f? Does that form cost in addition to the I130 or is it included? Do I send this form in with the I130? 

I cannot thank you all enough for all your help! 

[EG&XY 144]

18 minutes ago, Ab333 said:

Ok. I am not sure why it is i was told that then. What im hearing is is apply for I 130, I 130a, Ir1/ Cr1 and the electronic form. Why they would tell me to apply for I129f is beyond me. I am assuming that it was so he could come here faster to wait for the I130 to go through while in the US. Although, it doesnt seem by everyone comments (and thank you so much for all your advise ) that he would be likely to receive it. Thus I must wait for the I130 to go through for him to get here, which takes anywhere from 5-12 months. Up until a few days ago, it was stated in the USCIS website that I file the I 129f. Now i cant seem to find it anywhere. Things have obviously changed since I went to the USCIS office 4 months ago until now. 

Now my questions would be, what form is the Ir1/Cr1 form? What does it do? Is it the same as a I129f? Does that form cost in addition to the I130 or is it included? Do I send this form in with the I130? 

I cannot thank you all enough for all your help! 

The I-130 is the petition to show that you are eligible to apply for the ir1/cr1 visa. That visa is basically just an immigrant visa that allows a spouse to enter the us. When the spose enters the us on that visa they will immediately gain a green card and LPR status.

 

After the I-130 is approved, then the case will go to the national visa center (nvc). There you will begin the process of applying for the visa. You will have to pay fees for the visa application (iv fee) and affidavit of support (aos fee). I don't recall right now, but that will be about $400-500 combined.

 

Then the case will go to the consulate, where the interview will occur. Before the medical your husband will have to get a medical exam done, the cost varies but I believe that it is often around $200.

 

Finally once the visa is issued he will need to pay about $200 for the green card to be issued once he enters the us. But once he enters he will be able to immediately start working, etc.

 

So, on top of the $500 for the I-130, plan for another $800-1000. I realize that this probably sounds like a lot, but adjustment of status is actiallly even more expensive, and in this process you don't have to do that adjustment because he will enter and immediately have the LPR status.

 

The k3 really hasn't been used muh for a few years, it's not a recent thing in the last couple of months. Where did you go that you got that advice? The uscis people usually aren't that helpful, so I'm a bit doubtful that that is truely who you were talking to. Perhaps it was some other group that offers services counseling people in how to do this?

Edited August 31, 2017 by EG&XY

[Ab333 0]

No. Unfortunately, it was the USCIS office here. I made an appointment from the USCIS website, took all my info and they handed me all the forms. They truly confused me and that is why I am so stumped. They never once mentioned CR1 to me. The lady didnt seem like she knew all that much and thus I went to a lawyer consult. They basically told me the same thing. Neither one got into much detail with me which is why i didnt know that the I130 is the Cr1 visa form. They just told me that in order to get him here asap, i would need to file the 129f. I read over the site you sent (I was working so i couldnt read until now) and it explains a lot. 

So I mean I could file the I129f, but it seems like it would be more a hassle than anything. And I would assume that the processing times are about the same anyways. Does the time frame of 5-12 months, that I looked up for the processing time on the I130, sound about right to you? 

[EG&XY 144]

1 minute ago, Ab333 said:

No. Unfortunately, it was the USCIS office here. I made an appointment from the USCIS website, took all my info and they handed me all the forms. They truly confused me and that is why I am so stumped. They never once mentioned CR1 to me. The lady didnt seem like she knew all that much and thus I went to a lawyer consult. They basically told me the same thing. Neither one got into much detail with me which is why i didnt know that the I130 is the Cr1 visa form. They just told me that in order to get him here asap, i would need to file the 129f. I read over the site you sent (I was working so i couldnt read until now) and it explains a lot. 

So I mean I could file the I129f, but it seems like it would be more a hassle than anything. And I would assume that the processing times are about the same anyways. Does the time frame of 5-12 months, that I looked up for the processing time on the I130, sound about right to you? 

Yes, as mentioned before, you can try for the k-3 by concurrently filing the I-129, but it will almost certainly be administratively closed. And then you just wasted the time (putting together the documents) and money doing the I-129 at the same time as the I-130.

 

Just to be clear, the I-130 is not just used for the ir1/cr1, it is also used for other categories of visas, etc. But that is the petition that they will use to determine that you are eligible for the process and the identify exactly which visa type your case qualifies for.

 

As of now plan for about 12-14 months from when you first file the I-130 until the visa is issued and your husband can enter. Currently it is taking about 6-8 months for the I-130 to be approved. Then it will take about 3-4 months to get through the nvc. And finally about one more month to get to the interview. Depending on the consulate the visa may be issued within a week or two of the interview, unless they have lots of additional background checks that must be done (administrative processing) but I don't think that Uruguay is one of those countries that typically takes a long time. Of course every case is different and there are many variables that will impact the exact time for your case, but that should give you an idea of a typical case.

 

And as you go trough the process be sure to fill in your timeline here on vj. As you go through the process and post questions it will help us better understand what step you are at and some of the details of your case. But also that data feeds into the processing time portion of the site that helps everyone to better understand the current processing timelines.

 

[Ab333 0]

Well, you are amazingly helpful! Thank you and thank you all! I now have so much more information. One last question and i will stop bugging hehe

"If" I apply for the I 129f, i would still, on 62a of the I130, state that he will be going for an interview in Uruguay right? 

Something tells me I shouldnt even bother with this, but if he can get here sooner....well...i just miss him and its a long time having to wait the time frame. (Also, they do not charge anything for the I129f while in process with I130.)

I seriously will be contemplating whether i want to send in the I129f. I need not make anything more complicated. 

Thank you!

 

[EG&XY 144]

5 minutes ago, Ab333 said:

Well, you are amazingly helpful! Thank you and thank you all! I now have so much more information. One last question and i will stop bugging hehe

"If" I apply for the I 129f, i would still, on 62a of the I130, state that he will be going for an interview in Uruguay right? 

Something tells me I shouldnt even bother with this, but if he can get here sooner....well...i just miss him and its a long time having to wait the time frame. (Also, they do not charge anything for the I129f while in process with I130.)

I seriously will be contemplating whether i want to send in the I129f. I need not make anything more complicated. 

Thank you!

 

Honestly, I'm not 100% certain on that one. However, my assumption would be that either way he would be doing the interview in Uruguay. Otherwise, what is his basis for entering the us? The whole point of the ir1/cr1 and k3 is to be a visa to get them into the us. Therefore, the interview has to be in the foreign country.

 

The k3 used to be the way to go because the ir1/cr1 was really slow (several years to get approved). But now the ir1/cr1 is basically the same speed as the k3, which is why they don't really use it any more.

 

if you do decide to try, just realize that while the I-129 may get approved first, that doesn't guarantee that you will get the k3, often times they will administratively close the I-129 while or after they handle the I-130. Plus, with the k3 he will have a lot more restrictions when he enters because he will still have to go through the adjustment of status process. So he can't work or travel back out of the us until he has approved ead/ap (usually takes 3-4 months) or has had the green card granted.

[Ab333 0]

Yea&, honestly i dont think ill be doing the k3. It does seem like the same time frame. I, about a 2 years ago, applied for a fiance visa I129, and it was a year before we got the interview. Needless to say, that did not go through. But thats another story. We are now married and im hoping things are a bit smoother.

But again, i cant thank you enough! You are a tremendous help! 

[Ryan H 3,795]

On ‎8‎/‎30‎/‎2017 at 5:08 PM, EG&XY said:

I am totally confused by what you were told. I can't believe that uscis told you that?

 

On ‎8‎/‎30‎/‎2017 at 10:22 PM, EG&XY said:

so I'm a bit doubtful that that is truely who you were talking to.

 

The provision in the LIFE Act of 2000 that created the K3 has not been repealed; because of that, USCIS personnel, their contracted call-takers, and the website itself will show the K3 as a viable option even though current procedures and practices have rendered a K3 almost unobtainable.