help please

[jarl 0]

OUR SITUITION IS LIKE THIS MY HUSBAND FILED k-3 it supposed ,

The 1-129f and 1-130 we receieve online notification that the 1-130 approved and the 1-129f request of additional Evidence . but the letter we havent receive we had wait that long until we found out that the letter is undiliveble, we did to update address calling the uscis but just theysame not helpful the papers is pending in the uscis, it is about 5months pending in the uscis , until my husband get appointment to the nearest uscis, they advise to my husband that they need to get lawyer, so we did that finaly he receieve the notice of approval of 1-130 from the uscis, but the 1-129f is just they same not updated , my husband says that guy from the uscis says that they dont need that 1-129f for this filing only for 1-130 because the NVC ,, IT WORK fast so i got confused about that please help who can understand and knows this situition

my question is 1. what name of this filing only I-130 it work.

2. how long it takes if only 1-130.

3. calling of NVC is needed in order that filing it will work.

4. how long the NVC send second NOA.

please who knows this kind of situition give ur favorable advise

thank u

jarl

Edited May 5, 2007 by jarl

[MargotDarko 0]

I can try to help - I'm not positive I'm understanding your whole post though. If you have an approved I-130, you definitely want to go forward with that and forget about the I-129 petition for the K3 visa.

I'm not sure about the process at the NVC since I'm doing direct filing, but there should be a guide about that. The approved I-130 allows you to apply for a CR1/IR1 visa - which one depends on how long you've been married. If it's been less than two years, you are applying for the CR1 visa (conditional resident).

[babybunny 2]

I-129 for k-3 - you have to AOS

the K-3 will allow you to come to the USA and WAIT for the approval of the

I-130. which you have already recived. there for the k-3 is usless in your case.

so once the K-3 reaches the embassy it will be CANCELLED.

I-130 is for CR1 < 2 year visa > if the marriage is less than 2 years.

with this visa you have to Remove condtions.

IR1< 10 year visa > is if the marriage is over 2 years. < meaning your 2 year anniversary day has laps>

with this visa you dont have to AOS or Remove condtions.

as far as the rest of the papers.

your spouse will get fee bills in the mail. once they arrive he has to fill out the papers

to submit your Cr1 application.

[Jeff and Boo 0]

OUR SITUITION IS LIKE THIS MY HUSBAND FILED k-3 it supposed ,

The 1-129f and 1-130 we receieve online notification that the 1-130 approved and the 1-129f request of additional Evidence . but the letter we havent receive we had wait that long until we found out that the letter is undiliveble, we did to update address calling the uscis but just theysame not helpful the papers is pending in the uscis, it is about 5months pending in the uscis , until my husband get appointment to the nearest uscis, they advise to my husband that they need to get lawyer, so we did that finaly he receieve the notice of approval of 1-130 from the uscis, but the 1-129f is just they same not updated , my husband says that guy from the uscis says that they dont need that 1-129f for this filing only for 1-130 because the NVC ,, IT WORK fast so i got confused about that please help who can understand and knows this situition

my question is 1. what name of this filing only I-130 it work.

2. how long it takes if only 1-130.

3. calling of NVC is needed in order that filing it will work.

4. how long the NVC send second NOA.

please who knows this kind of situition give ur favorable advise

thank u

jarl

hello jarl.. I understand what you feel you are confuse of the situation.. But dont be if you got yourI- 130 approval early that is good your wife can have her Cr-1 visa instead of K3 which is non immigrant. Like in my case our I-130 approved two months earlier than the I-129f well not bad that i thought it would be thou this may really take awhile but its ok its worthwhile anyway..Our I-129 stays the same update up to December 25, 2006 not until i got the approval on the 26 which our I-130 have already come in long way, so decided which ever comes first in the Consulate then im good to go

Our case took 9 mos from the time of filing, two weeks for NO1A and 64 days for NOA2. 4 months before the consul receive the case and 1 1/2 before the interview...I hope this will help you Goodluck and God Bless

Boo Wilson

[pushbrk 12,221]

I-129 for k-3 - you have to AOS

the K-3 will allow you to come to the USA and WAIT for the approval of the

I-130. which you have already recived. there for the k-3 is usless in your case.

so once the K-3 reaches the embassy it will be CANCELLED.

I-130 is for CR1 < 2 year visa > if the marriage is less than 2 years.

with this visa you have to Remove condtions.

IR1< 10 year visa > is if the marriage is over 2 years. < meaning your 2 year anniversary day has laps>

with this visa you dont have to AOS or Remove condtions.

as far as the rest of the papers.

your spouse will get fee bills in the mail. once they arrive he has to fill out the papers

to submit your Cr1 application.

Please disregard the misinformation above.

1. If your I-129F is approved tomorrow, the K3 visa could well bring your spouse here sooner than the I-130. Then they would adjust status. It is not useless. I agree you would be wise to pursue the I-130 however, because it IS APPROVED.

2. The CR1 visa is valid for six months, not two years. Visas are used to enter the US. Once you enter the US on a CR1 visa, you are issued a two year green card (permanent resident card).

3. The IR1 visa is valid for six months, not ten years. Visas are used to enter the US. Once you enter the US on an IR1 visa, or if you enter on a CR1 visa but entry date is after two years of marriage, you will be issued a 10 year green card. You will not need to remeove conditions. There is no adjustment of status for CR1 or IR1 visa holders.

[vsmtghdy 2]

OUR SITUITION IS LIKE THIS MY HUSBAND FILED k-3 it supposed ,

The 1-129f and 1-130 we receieve online notification that the 1-130 approved and the 1-129f request of additional Evidence . but the letter we havent receive we had wait that long until we found out that the letter is undiliveble, we did to update address calling the uscis but just theysame not helpful the papers is pending in the uscis, it is about 5months pending in the uscis , until my husband get appointment to the nearest uscis, they advise to my husband that they need to get lawyer, so we did that finaly he receieve the notice of approval of 1-130 from the uscis, but the 1-129f is just they same not updated , my husband says that guy from the uscis says that they dont need that 1-129f for this filing only for 1-130 because the NVC ,, IT WORK fast so i got confused about that please help who can understand and knows this situition

my question is 1. what name of this filing only I-130 it work.

2. how long it takes if only 1-130.

3. calling of NVC is needed in order that filing it will work.

4. how long the NVC send second NOA.

please who knows this kind of situition give ur favorable advise

thank u

jarl

You have the option if you want to go to the US as an Immigrant or non-immigrant. If you want to go to the US faster, then you may want to pursue your filing of the I-129f (K-3), but there is more hassles with K-3 because you need to Adjust Status (AOS) before you can receive your GC. And AOS may take time as some were placed on FBI checks and others before approval. K3 is a NON-immigrant Visa category.

Me and my husband applied for both, but I-130 was approved first, so we proceed and went for the CR-1.

CR-1 -> if you were married less than 2 years before visa approval. You will be given A conditional Permanent REsidence-> 2 years GC and will have to Remove Conditional Residence 90 days before the GC expires. The date will depend on the day of your POE, then count 2 years, then that's the time you have to remove your Conditional residence.

IR-1 -> married for more than 2 years before approval. A forumer was on CR-1 visa when they went for the interview and the CO noticed that they will be celebrating their 2nd year anniversary a week after the interview. CO upgraded them to IR-1 but had to wait after a week. But it is much better to be on IR-1, since when you enter US, you will receive 10 years GC.

Both CR-1 and IR-1 have a better visa category than the K-3 which is non-immigrant. No need to adjust status, no need to get EAD to apply for work. Both have the same priviledges as any USC except to vote. Although processing time usually is longer for CR/IR than on K3, but it seemed like nowadays, most have almost the same processing times. As I see a lot of those who have their schedules of interview for both K3 and CR a month or less a part. Most of course decided to proceed for the CR visa category.

If you are not in a hurry that much, then it is more advisable to proceed with your CR-visa category and abandon your K3 (I-129F) application. Good luck!

Edited May 6, 2007 by vsmtghdy

[kyle_lairic 0]

Jarl,

Your situation same as mine. They send me a RFE (Request For Evidence) for my 12-F but unfortunately i did not receive it and they denied my 129-F (K3). I went ahead with my I-130 (CR1) petition for my wife. I did not have any problem encountered. It took 10 months. Good luck on your Journey.