I-129F form for spouse and proof of I-130 submission?

[KurdiCat 0]

Hi all. I’m working on the I-129F form for my husband I married abroad. Since we are already married, rather than engaged, I must also submit the I-130 form, which I’m also prepared to do. 
 

I noticed under the “evidence” section of the instructions for I-129F, that for spouses it states you must:

Submit evidence that you filed Form I-130 on behalf of your beneficiary

 

I’m wondering how exactly one submits evidence of this? I plan to file both forms at the same time, which I think is normal practice based on my other research. But I can’t find any information on this inquiry. Should I take a photo of the I-130 form signed? lol. That’s all I can think of that would make sense, and it seems inadequate. 
 

Any guidance would be appreciated. Thanks!

Edited November 19, 2022 by KurdiCat

[Rocio0010 5,579]

Why are you doing the I-129f if you’re already married?

[KurdiCat 0]

Just now, Rocio0010 said:

Why are you doing the I-129f if you’re already married?

It will get him here faster. This form processes faster. Once he is here we wait for the adjustment of status through the I-130. I was surprised about it when I started this process, but apparently it’s common practice!

[KurdiCat 0]

5 minutes ago, Rocio0010 said:

Why are you doing the I-129f if you’re already married?

It’s why this check box is on the I-129F (see photo)

[Rocio0010 5,579]

3 minutes ago, KurdiCat said:

It’s why this check box is on the I-129F (see photo)

K3s are dead. 
It will go up to a certain point. Then the K3 will be administratively closed and you’ll be left with nothing. Only a handful approved in 2020.

If you’re married then you have to file for a CR1. You can keep the K3 active (some folks believe it speeds up the process) but you wi have to do consular processing (CR1) as well

[KurdiCat 0]

3 minutes ago, Rocio0010 said:

K3s are dead. 
It will go up to a certain point. Then the K3 will be administratively closed and you’ll be left with nothing. Only a handful approved in 2020.

If you’re married then you have to file for a CR1. You can keep the K3 active (some folks believe it speeds up the process) but you wi have to do consular processing (CR1) as well

Thanks a lot. I’ll look into it. 

[Crazy Cat 41,980]

41 minutes ago, KurdiCat said:

It will get him here faster. This form processes faster. Once he is here we wait for the adjustment of status through the I-130. I was surprised about it when I started this process, but apparently it’s common practice!

No, the I-129 will be administratively closed.  K-3 visas are not issued.   Your case will proceed as a CR-1/IR-1.

Edited November 19, 2022 by Crazy Cat

[SalishSea 17,928]

2 hours ago, KurdiCat said:

I plan to file both forms at the same time, which I think is normal practice based on my other research.

No.

 

It is definitely not normal practice.  You are married, therefore you need to petition your spouse for a CR-1 visa.  The correct petition for this visa is the I-130.

[SalishSea 17,928]

2 hours ago, KurdiCat said:

It will get him here faster. This form processes faster. Once he is here we wait for the adjustment of status through the I-130. I was surprised about it when I started this process, but apparently it’s common practice!

Are you looking at like 15 year old info for your research?

 

There are no more K3s.

[Chancy 6,241]

On 11/18/2022 at 8:37 PM, KurdiCat said:

Submit evidence that you filed Form I-130 on behalf of your beneficiary

 

You need to submit an I-130 petition first.  After you've successfully filed the I-130, you will get a receipt notice from USCIS.  A copy of that I-130 receipt notice is what you need to submit with the I-129F for K3.

 

As others have mentioned, note that the I-129F will likely be closed, as K3 visas are now effectively obsolete, with very few issued globally in recent years.

 

[Chancy 6,241]

*** Moved from K1 Process & Procedures to K3 Process & Procedures ***

 

[KurdiCat 0]

2 hours ago, Chancy said:

 

You need to submit an I-130 petition first.  After you've successfully filed the I-130, you will get a receipt notice from USCIS.  A copy of that I-130 receipt notice is what you need to submit with the I-129F for K3.

 

As others have mentioned, note that the I-129F will likely be closed, as K3 visas are now effectively obsolete, with very few issued globally in recent years.

 

Thanks for this! I think I’ll forego the I-129F. The travel.gov website made it sound like there’s a possibility it gets approved before the I-130, allowing him to come here while waiting for I-130. But it sounds like that’s not the case. I’ll save my money and just do the one form. I appreciate everyone’s response!

On 11/19/2022 at 12:31 AM, Jorgedig said:

Are you looking at like 15 year old info for your research?

 

There are no more K3s.

Tell that to travel.gov lol. Thanks

[Chancy 6,241]

16 minutes ago, KurdiCat said:

I think I’ll forego the I-129F. The travel.gov website made it sound like there’s a possibility it gets approved before the I-130, allowing him to come here while waiting for I-130. But it sounds like that’s not the case. I’ll save my money and just do the one form.

 

Filing I-129F is free, if filed for spouse after filing I-130.  Can't be filed concurrently as the I-130 receipt notice is required for the I-129F.

 

From https://www.uscis.gov/sites/default/files/document/forms/i-129finstr.pdf -- "There is no fee for Form I-129F petitions for classification of an alien as a spouse of a United States citizen."

 

What we told you about the K3 visa being effectively obsolete is actually based on info on the travel.state.gov website --

 

This page describes when the K3 case will be administratively closed -- https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html#5

This page lists how many K3 visas were issued in the past 5 fiscal years (note: only 2 were issued globally in FY 2021) -- https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2021AnnualReport/FY21_ TableXVB.pdf

 

[Simplytex 387]

On 11/20/2022 at 5:42 PM, KurdiCat said:

Thanks for this! I think I’ll forego the I-129F.

You should still file the I-129F. Depending on which Service Center your I130 gets routed to, this can save you potentially months of waiting - I did the math and tracked multiple cases at Vermont SC, and was accurate within ~2 weeks of when my I130 got approved early (4.5mo instead of 10+). 

 

It's completely for free, and as others have said, there is essentially no chance of you actually getting a K3 issued. So, you might as well file and have the chance of getting through this whole process faster.

[KurdiCat 0]

5 hours ago, Simplytex said:

You should still file the I-129F. Depending on which Service Center your I130 gets routed to, this can save you potentially months of waiting - I did the math and tracked multiple cases at Vermont SC, and was accurate within ~2 weeks of when my I130 got approved early (4.5mo instead of 10+). 

 

It's completely for free, and as others have said, there is essentially no chance of you actually getting a K3 issued. So, you might as well file and have the chance of getting through this whole process faster.

Thank you!