Questions on I-129F Petition Instructions & related forms

[baobeizhu]

Hello I have a few questions regarding the I-129F process:

 

Under 'General Instructions'/Step 2. General requirements/#8/paragraph two:

"You must submit the documents required in Items 1, 2 and 4 of the instructions, but may omit the documents required in Item 3. In addition, U.S. citizens petitioning for K-3 visas for their alien spouses must also include evidence that they have filed Form I-130, Petition for Alien Relative, on behalf of the alien spouse listed on this form, and a marriage certificate evidencing the legal marriage between the citizen and alien."

 

So my question is in regard to which items #1,2,3,and 4: the form is referring?

 

Is it the following:

 

'General Instructions'/Step 2. General requirements/#1/ IMBRA

 

'General Instructions'/Step 2. General requirements/#2/ Filing Limitations on K nonimmigrant Petitioners.

 

'General Instructions'/Step 3. General requirements/#3/Documents to show you are a US citizen

 

'General Instructions'/Step 2. General requirements/#4/What if a document is not available?

 

Even though number-wise this seems to be what they are refering to, I do not quite understand why it says we don't need to provide Info under Step 3, if on numerous sites it lists passport or birth certificates must be listed in this petition.

 

Secondly, is there any reasons item #8 does not address #5-7? If we ignore 5-7, then even the G-325A wouldn't be necessary, which does not seem to be the case. So, I am assuming (always a dangerous word) that we do need to supply any relevent documents requested in 5-7, no?

 

In summary, I guess I am becoming confused on what truly needs to be submitted with this petition, such as 'supporting evidence' and such, as was needed in the I-130. Visa journey offers good advice, but some input seems to be from several years ago, so I am hoping some forum members here can help me fill in the blanks.

 

Lastly, as for the location in block 20, just to double check, are all PRC applications processed through the same US consulate in GUZ? Since my SO is in Beijing, I want to make sure I have the correct consulate listed. Is there an official US govt website that list this information?

 

Thank you for your help!

[dnoblett]

Confusing isnt it?

 

Also: if considering K-3, do the CR-1 visa you will be much more happy for it because of the INSTANT GREEN-CARD.

 

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

 

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

 

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

 

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

 

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

 

You will get a good list of stuff to attach to the I-129F here: http://www.visajourney.com/forums/index.ph...mp;page=k3guide

 

"Assembling the I-129F Package: Checklist"

[Sebastian]

You are filing an I-129F for a K-3, which presupposes that you've already filed that I-130 for a CR-1/IR-1.

 

Hopefully, you've made copies of everything that you submitted with the I-130. Include those things again with the I-129F submittal.

 

The A# for the I-129F (K-3) is from the receipt # from the I-130 NOA-1 notice.

 

ALL marriage-based visas in China are processed in Guangzhou, so list Guangzhou as the place.

[dnoblett]

You are filing an I-129F for a K-3, which presupposes that you've already filed that I-130 for a CR-1/IR-1.

 

Hopefully, you've made copies of everything that you submitted with the I-130. Include those things again with the I-129F submittal.

 

The A# for the I-129F (K-3) is from the receipt # from the I-130 NOA-1 notice.

 

ALL marriage-based visas in China are processed in Guangzhou, so list Guangzhou as the place.

Note I-130 receipt # is NOT an A#, simply indicate "NONE" on for A# number on the I-129F and/or G-325A used with the I-129F. Edited November 26, 2008 by dnoblett (see edit history)

[baobeizhu]

You are filing an I-129F for a K-3, which presupposes that you've already filed that I-130 for a CR-1/IR-1.

 

Hopefully, you've made copies of everything that you submitted with the I-130. Include those things again with the I-129F submittal.

 

The A# for the I-129F (K-3) is from the receipt # from the I-130 NOA-1 notice.

 

ALL marriage-based visas in China are processed in Guangzhou, so list Guangzhou as the place.

Note I-130 receipt # is NOT an A#, simply indicate "NONE" on for A# number on the I-129F and/or G-325A used with the I-129F.

Thanks for the replies so far

Still some questions:

Yes, I do have all my copies. By submitting 'everything' that I did with the I-130 pack, does that also mean the evidence of a bonafide marriage as well? If so, then drats, I should have just made a minimum of 4 to 5 copies of everything instead of 'just' 3.

 

I am under the impression the A# on my 2nd set of G-325A's for the I-129F should still be "None". I see there is some difference of opinions up above...hmmm

 

Lastly that visajourney link, aren't numbers 3 & 10 under preparing the i-129f packet just referring to the same piece of paper, ie. the NOA1? Maybe, what is actually mailed just varies case by case.

 

I guess, the issue is that I don't mind sending in a thick packet full of extras and such, but it's more a matter of being completely clear about what is being requested in the first place.

 

Final question, do people ever include more information on the I-129F than on the CR-1? For example, since my SO doesn't really speak English at all (hence will NEED ESL after arrival if we get that far, so I am not worried about an instant green card or a SSN right away), after reading some posts, I am thinking that I need to include proof of my Chinese proficiency. At first I was just going to give him a copy of my degrees and proficiency exam/interpreter certificates from China, etc for the interview, but now I am thinking I may want to include those in my I-129F which I am currently preparing to send off.

 

Advice, as always, is appreciated.

 

Kind Regards.

[Randy W]

 

Thanks for the replies so far

Still some questions:

Yes, I do have all my copies. By submitting 'everything' that I did with the I-130 pack, does that also mean the evidence of a bonafide marriage as well? If so, then drats, I should have just made a minimum of 4 to 5 copies of everything instead of 'just' 3.

 

I am under the impression the A# on my 2nd set of G-325A's for the I-129F should still be "None". I see there is some difference of opinions up above...hmmm

 

Lastly that visajourney link, aren't numbers 3 & 10 under preparing the i-129f packet just referring to the same piece of paper, ie. the NOA1? Maybe, what is actually mailed just varies case by case.

 

I guess, the issue is that I don't mind sending in a thick packet full of extras and such, but it's more a matter of being completely clear about what is being requested in the first place.

 

Final question, do people ever include more information on the I-129F than on the CR-1? For example, since my SO doesn't really speak English at all (hence will NEED ESL after arrival if we get that far, so I am not worried about an instant green card or a SSN right away), after reading some posts, I am thinking that I need to include proof of my Chinese proficiency. At first I was just going to give him a copy of my degrees and proficiency exam/interpreter certificates from China, etc for the interview, but now I am thinking I may want to include those in my I-129F which I am currently preparing to send off.

 

Advice, as always, is appreciated.

 

Kind Regards.

 

 

Watch for your A#. It will be the letter 'A', followed by 8 or 9 digits. It usually shows up on the NOA2. Once it does, use it on all further paperwork submitted to the USCIS or NVC. It will help keep your file together. Some people have reported getting a second A# which complicated their case. If you report the correct number consistently, you may be able to prevent this from happening.

 

I was going to say don't submit anything which indicates communication difficulties until you said "degrees and proficiency exam/interpreter certificate from China". Don't say anything about her need for ESL, just include your own degrees and certificates (my advice - take it with a grain of salt). That may stave off any concern about communication, but then again if they ARE concerned and she can whip out those documents on the spot - well, sometimes an opened door of doubt can be worth its weight in gold if it can be easily closed. Again just my advice. Your choice of strategies.

[baobeizhu]

Ahh, thank you. This was very informative. I will keep a look out for that A number on the NOA2.

 

Yeah, I think I'm just gonna supply him with my copies of certificates to have later on down the line for the interview since at that point it will be clear that all of our communication would have to have been in Chinese.

 

Thanks again

[Sebastian]

RE: Communcation 'proof' -

 

If you knocked out an Evolution of Relationship letter, somewhere in there (IMO) I'd put something similar to this:

 

My wife and I daily speak in Chinese to each other - it's been easy, as I have proficiency certs from xyz language center.

[baobeizhu]

So, originally I was thinking of going the K3 route, but now I am a bit uncertain after weighing the pros and cons. I have everything all prepared and ready to go, but I think I am going to wait a week before I send it out to think about it. The processing times for both the CR-1 and I-129F both say 6 months at the processing center when I log onto the USCIS website....so I guess my question is exactly where in the process is this I-129F actually quicker, and what are the current estimates on how much quicker it is.

 

If it's just 3 months, well no bit deal. If it's 6-12 months, well I think I better file the I-129F. (But, yes, I do understand all cases are different...)

 

In any case, the back up plan is if all of this goes beyond 2 years, then I'm just going back to China ºß£¡

[baobeizhu]

omg i dunno why I thought to check the status of my application today (I usually just check it online 1x per week..or every two weeks) but it says approved online! yeah! very happy. The only bad news is I was thinking I would have more time to prepare for the next wave of paperwork..and file taxes! no worries...I'm not gonna argue about not waiting.

 

Also, as an update, I decided against filing the I-129F. I think this was the right choice for us and I appreciate everyones advice above.

 

Wow..so, this was very unexpected...so...um...soon

 

So, CFL members, consider yourself warned, I'll probably gonna have some more random questions here and there ~but~ at least I may be able to offer some value added advice now too, since I apparently didn't screw up my application too majorly!

Edited February 21, 2009 by baobeizhu (see edit history)

[Sebastian]

great news !!

 

ok la - a coupla things.

 

1. nvc will require original sets of stuff - police report, birth certificate, etc. make sure you gots this - if no have, get !

 

2. Study James' Shortcuts at http://www.visajourney.com/wiki/index.php/...'s_Shortcut - you can reduce the time the approved petition sits at nvc.

 

Go Go GadgetBarCodes !

[baobeizhu]

great news !!

 

ok la - a coupla things.

 

1. nvc will require original sets of stuff - police report, birth certificate, etc. make sure you gots this - if no have, get !

 

2. Study James' Shortcuts at http://www.visajourney.com/wiki/index.php/...'s_Shortcut - you can reduce the time the approved petition sits at nvc.

 

Go Go GadgetBarCodes !

 

Yes, thank you very much for the link! Now I have some serious 'catch up' homework to do this weekend!