I-130/I-129F or CR1/IR1 and K3 Frequently Asked Questions

[Devon&Sandra 121]

I-130/I-129F or CR1/IR1 and K3 Frequently Asked Questions

 

Hello to everybody. I have put here some FAQ regarding I-129F/ K3 path.

To have all necessary information please read EVERYTHING before asking already answered questions.

Also read more detailed information on https://www.uscis.gov/i-129f and https://www.visajourney.com/content/compare/

 

Always double check everything you read on US government official sites : https://www.uscis.gov/ and https://travel.state.gov/content/travel.html

 

1.      What are we talking about?

 

We are talking about spousal visas.

There are 2 legal paths to bring your spouse in US.

The most common one is CR1/IR1 visa – in order to apply for it you have to fulfill I-130 form and attach all required documents.

K3 path is additional route that is not really used anymore because only few K3 get approved per year. As today, it is considered to be obsolete. In order to apply for it you need to have I130 pending and file I-129F + attach all required documents.

In order to compare those 2 paths and their costs : https://www.visajourney.com/content/compare/

 

2.      If K3 is obsolete, why are everyone on this group talking about it?

 

Some members of this group decided to try K3 route in order to bring their spouse in US while I-130 was pending because of increased processing time in Nebraska Service Center (11-14 months).

By doing this, we discovered the following: I-129F is systematically denied but I-130 is approved faster (approximatively one month after your I-129F PD).

 

3.      How do I file I-129F

 

In order to file I-129F (K3) you must be US Citizen and have an I-130 pending on behalf of your spouse. Once you receive your NOA1 for I-130 you are ready to file I-129F.

Filing fee: NO FEE

Needed documents and address: https://www.uscis.gov/i-129f

 

Documents required to file (I recommend to make a cover letter too):

-        Form 129F fully completed.

-        Form G-1145 for e-notification (not mandatory)

-        Evidence of US Citizenship

-        Marriage certificate

-        Divorce decrees if applicable (yours and yours spouse)

-        NOA 1 of your I-130 filed on behalf of your spouse

-        1 passport photo of petitioner and 1 passport photo of beneficiary

 

Address where you send your file:

 

File Form I-129F at the USCIS Dallas Lockbox facility:

 

For U.S. Postal Service (USPS):

USCIS

P.O. Box 660151

Dallas, TX 75266

 

For FedEx, UPS, and DHL deliveries:

USCIS

Attn: I-129F

2501 South State Highway 121 Business

Suite 400

Lewisville, TX 75067

 

4.      Isn’t I-129F for unmarried people / to bring your fiancée?

 

Yes, it is the same form for fiancée visa but it works for spouses as well.

For more information please read : https://www.uscis.gov/i-129f and https://www.visajourney.com/content/compare/

 

5.      What happens if I-129F is approved before I-130?

 

Then K3 visa can be issued. And you can follow K3 path as explained here : https://www.visajourney.com/content/compare/

But it is more expensive path and your spouse won’t be able to work right away upon his/her arrival to US.

You can choose either to go along with K3 path or to ignore it and wait for your I-130 to be approved in order to follow standard route (USCIC – NVC- Embassy)

It is highly improbable that K3 will be issued though.

 

6.      Why is this working?

 

Nobody can tell. And no one knows for how long this will work. I know the case from 2017 where people applied for both and waited 1 year to be approved on I130. Their I129F got denied only a year later.

 

7.      If I am already in the I-130 process for a long time – should I still file I-129F

 

If you have approximatively 1- or 2-months waiting time left, then it is probably useless to file. It can help to speed up all other cases.

 

8.      What is the impact on my I-130 petition?

 

It can’t hurt it. It can only speed it up.

 

9.      And if I don’t want to file it?

 

Then you don’t. It is your choice.

 

 

 

 

 

[NikLR 13,220]

~~moved to process and procedures from progress reports~~

 

 

Thank you for making a Q&A for this unique situation. 

 

I really suggest is making a spreadsheet to accurately track those in Nebraska and their experience with filing the I-129F (for example I-130 NOA1 date, I-129F NOA1 date, RFE if any, & decision date as basic columns.)

 

This allows you to track trends. 

Edited July 19, 2019 by NikLR

[Devon&Sandra 121]

23 hours ago, NikLR said:

~~moved to process and procedures from progress reports~~

 

 

Thank you for making a Q&A for this unique situation. 

 

I really suggest is making a spreadsheet to accurately track those in Nebraska and their experience with filing the I-129F (for example I-130 NOA1 date, I-129F NOA1 date, RFE if any, & decision date as basic columns.)

 

This allows you to track trends. 

We already have most of it on Nebraska FB group, but yes I can make a spreadsheet and share it here  

[Ryan H 3,790]

**One non-contributory post removed along with posts quoting or referring to it.**

[portorusa 431]

Thank you for this great Q&A, very well done!👏👍

[JulienR 92]

On 7/19/2019 at 11:51 AM, Devon&Sandra said:

3.      How do I file I-129F

 

In order to file I-129F (K3) you must be US Citizen and have an I-130 pending on behalf of your spouse. Once you receive your NOA1 for I-130 you are ready to file I-129F.

You can file both the I-130 and I-129F forms together:  "You may file Form I-129F together with or after filing Form I-130. If you file Form I-129F after filing Form I-130, include a copy of the Form I-797, Notice of Action, to show that USCIS received your Form I-130. "

Source : "Applying for the visa" section on this page : https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas

 

Although that is not necessarily a good idea since you don't know to which service center your I-130 petition will be sent and we don't know the impact in centers other than Nebraska.

Edited July 23, 2019 by JulienR
Spelling

[yellowtulips 98]

My 130 pd July 15th and the 129f (spouse) receipt date is August 26th. I noticed my 130 NOA has a receipt and priority date (same date) but the 129f has no priority date only receipt. Is that typical or an error? Am I supposed to have a new priority date for the 129f? 

[S&J2013 117]

2 hours ago, yellowtulips said:

My 130 pd July 15th and the 129f (spouse) receipt date is August 26th. I noticed my 130 NOA has a receipt and priority date (same date) but the 129f has no priority date only receipt. Is that typical or an error? Am I supposed to have a new priority date for the 129f? 

Ours is the same. I’m pretty sure that’s normal as I’ve never seen anyone mention a priority date for the I-129f. 

Our timeline is very similar to yours - about week ahead on both forms 

[Edddie&Beatrice 64]

On 7/19/2019 at 12:51 PM, Devon&Sandra said:

I-130/I-129F or CR1/IR1 and K3 Frequently Asked Questions

 

Hello to everybody. I have put here some FAQ regarding I-129F/ K3 path.

To have all necessary information please read EVERYTHING before asking already answered questions.

Also read more detailed information on https://www.uscis.gov/i-129f and https://www.visajourney.com/content/compare/

 

Always double check everything you read on US government official sites : https://www.uscis.gov/ and https://travel.state.gov/content/travel.html

 

1.      What are we talking about?

 

We are talking about spousal visas.

There are 2 legal paths to bring your spouse in US.

The most common one is CR1/IR1 visa – in order to apply for it you have to fulfill I-130 form and attach all required documents.

K3 path is additional route that is not really used anymore because only few K3 get approved per year. As today, it is considered to be obsolete. In order to apply for it you need to have I130 pending and file I-129F + attach all required documents.

In order to compare those 2 paths and their costs : https://www.visajourney.com/content/compare/

 

2.      If K3 is obsolete, why are everyone on this group talking about it?

 

Some members of this group decided to try K3 route in order to bring their spouse in US while I-130 was pending because of increased processing time in Nebraska Service Center (11-14 months).

By doing this, we discovered the following: I-129F is systematically denied but I-130 is approved faster (approximatively one month after your I-129F PD).

 

3.      How do I file I-129F

 

In order to file I-129F (K3) you must be US Citizen and have an I-130 pending on behalf of your spouse. Once you receive your NOA1 for I-130 you are ready to file I-129F.

Filing fee: NO FEE

Needed documents and address: https://www.uscis.gov/i-129f

 

Documents required to file (I recommend to make a cover letter too):

-        Form 129F fully completed.

-        Form G-1145 for e-notification (not mandatory)

-        Evidence of US Citizenship

-        Marriage certificate

-        Divorce decrees if applicable (yours and yours spouse)

-        NOA 1 of your I-130 filed on behalf of your spouse

-        1 passport photo of petitioner and 1 passport photo of beneficiary

 

Address where you send your file:

 

File Form I-129F at the USCIS Dallas Lockbox facility:

 

For U.S. Postal Service (USPS):

USCIS

P.O. Box 660151

Dallas, TX 75266

 

For FedEx, UPS, and DHL deliveries:

USCIS

Attn: I-129F

2501 South State Highway 121 Business

Suite 400

Lewisville, TX 75067

 

4.      Isn’t I-129F for unmarried people / to bring your fiancée?

 

Yes, it is the same form for fiancée visa but it works for spouses as well.

For more information please read : https://www.uscis.gov/i-129f and https://www.visajourney.com/content/compare/

 

5.      What happens if I-129F is approved before I-130?

 

Then K3 visa can be issued. And you can follow K3 path as explained here : https://www.visajourney.com/content/compare/

But it is more expensive path and your spouse won’t be able to work right away upon his/her arrival to US.

You can choose either to go along with K3 path or to ignore it and wait for your I-130 to be approved in order to follow standard route (USCIC – NVC- Embassy)

It is highly improbable that K3 will be issued though.

 

6.      Why is this working?

 

Nobody can tell. And no one knows for how long this will work. I know the case from 2017 where people applied for both and waited 1 year to be approved on I130. Their I129F got denied only a year later.

 

7.      If I am already in the I-130 process for a long time – should I still file I-129F

 

If you have approximatively 1- or 2-months waiting time left, then it is probably useless to file. It can help to speed up all other cases.

 

8.      What is the impact on my I-130 petition?

 

It can’t hurt it. It can only speed it up.

 

9.      And if I don’t want to file it?

 

Then you don’t. It is your choice.

 

 

 

 

 

very informative .

just one question -if your spouse is abroad will you submit his/her passport photo?

Edited October 10, 2019 by Edddie&Beatrice

[JMPM 507]

4 minutes ago, Edddie&Beatrice said:

very informative .

just one question -if your spouse is abroad will you submit his/her passport photo?

If you want to submit the passport photo it's easy!
The internet is here to save you.

1. Have the beneficiary download a passport photo app. 
2. The app will create a 4x6 picture of 2x2 photos 
3. Go to your favorite photo print shop. Walgreens, CVS, etc shouldn't cost you a lot <.50 cents.
4. Cut them with a razor, or scissors. 
5. Celebrate!!!

[Edddie&Beatrice 64]

3 minutes ago, JMPM said:

If you want to submit the passport photo it's easy!
The internet is here to save you.

1. Have the beneficiary download a passport photo app. 
2. The app will create a 4x6 picture of 2x2 photos 
3. Go to your favorite photo print shop. Walgreens, CVS, etc shouldn't cost you a lot <.50 cents.
4. Cut them with a razor, or scissors. 
5. Celebrate!!!

👏👏 great, thanks 

But is it a must to submit the passport photo 

[JMPM 507]

Just now, Edddie&Beatrice said:

👏👏 great, thanks 

But is it a must to submit the passport photo 

Some posts I've read haven't done it. 
Just be aware the individuals that have succeeded in this have been Nebraska Fillers. 
Unless you made a mistake with your timeline Potomac is a fast service center. You won the lottery with that. 

[Devon&Sandra 121]

1 hour ago, Edddie&Beatrice said:

👏👏 great, thanks 

But is it a must to submit the passport photo 

Yes you do have to submit passport photo.

But if you are at Potomac, there isn’t much sense in filing it  

[Edddie&Beatrice 64]

14 hours ago, JMPM said:

Some posts I've read haven't done it. 
Just be aware the individuals that have succeeded in this have been Nebraska Fillers. 
Unless you made a mistake with your timeline Potomac is a fast service center. You won the lottery with that. 

It's no mistake we got Potomac and we are happy about it read that they are processing may and June  so in December we might hear from them 👏👏👏👏

13 hours ago, Devon&Sandra said:

Yes you do have to submit passport photo.

But if you are at Potomac, there isn’t much sense in filing it  

Thank you ✔️✔️

[thisisgr8 6]

On 7/20/2019 at 5:03 AM, Devon&Sandra said:

We already have most of it on Nebraska FB group, but yes I can make a spreadsheet and share it here  

Hi,

 

Is it possible to see this spreadsheet or receive a link to the FB group so that I can join and see the spreadsheet that way?

 

I am looking to do this since our case was sent to Nebraska.

 

Thank you!