I-129F Question

[Rick]

Hi,

 

I married with my wife at Wuhan, Hubei, now I am filling I-129F in order to send it after I received NOA.

 

On Question 18 - Am I suppose to treat fiance as spouse and explain the circumstance?

 

On Question 20 - What should I put?

 

Thank you very much.

 

Ricky

[rogerinca]

Hi,

 

I married with my wife at Wuhan, Hubei, now I am filling I-129F in order to send it after I received NOA.

 

On Question 18 - Am I suppose to treat fiance as spouse and explain the circumstance?

 

On Question 20 - What should I put?

 

Thank you very much.

 

Ricky

 

 

On question #18: I entered N/A in the large box and did not check either the yes or no boxes. She is your spouse.

 

On question #20: The answer will be Guangzhou and China.

[dnoblett]

Do the CR-1, it does not take much longer to get, and has the benefit of green-card upon entry.

 

For the most part CR-1 tends to take a bit longer (Less than 30 days) 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

Adjustment Of Status: $1010 I-485

($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. And lately USCIS has been holding both (I-129F and I-130) and approving them at the same time, eliminating the other reason for K-3, the long approval time for I-130.

 

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.

[Rick]

Actually, I am thinking of doing CR1, and since I-129F doesn't cost any money, I want to send it in as well.

 

 

Do the CR-1, it does not take much longer to get, and has the benefit of green-card upon entry.

 

For the most part CR-1 tends to take a bit longer (Less than 30 days) 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

Adjustment Of Status: $1010 I-485

($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. And lately USCIS has been holding both (I-129F and I-130) and approving them at the same time, eliminating the other reason for K-3, the long approval time for I-130.

 

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.

[Randy W]

The option that Dan isn't mentioning is to get the K-3 visa, have her come to the states, and then return to China for the CR-1 interview.

 

If the K-3 is dropped, there is no extra fee. If the K-3 interviews before the CR-1, then the cost is $131 (plus a round trip ticket or two) for a little extra time together in the states.

 

You can send in the I-129F NOW at no cost, and make your decision about =which path to follow when you have a more clear picture of the timing of each.

Edited February 20, 2009 by Randy W (see edit history)

[mikepellicore]

Randy and Dan, don't you have to worry about the NVC sending the I-130 (CR-1) back to USCIS, for AOS in the states? Mike & Yizhen

Edited February 20, 2009 by mikepellicore (see edit history)

[Randy W]

Randy and Dan, don't you have to worry about the NVC sending the I-130 (CR-1) back to USCIS, for AOS in the states? Mike & Yizhen

 

 

I'm not quite sure about the mechanics here, but I believe the option is available to a K-3 visa holder to have the CR-1 processed in their home country.

 

The I-824 used to be filed for this purpose, but I'm not sure that it applies if the I-130 is already at the consulate.

 

Seems like simply notifying them that you wish to pursue the I-130 would work (while also NOT filing the I-485 for AOS in the states), but I don't know.

 

You're right - the procedures have changed a couple of times in recent years.

[mikepellicore]

It is possible, but USCIS has been holding them sometimes, even when the petitioner has requested the interview be in GUZ. If you wait until the I-130 is approved,before sending I-129F, then you would defeat the purpose of the K-3. If both petitions are sent to the NVC, then you could delay returning the P-3 if they are close. I think it is best to choose 1 path and pursue it diligently. Mike & Yizhen

[Randy W]

It is possible, but USCIS has been holding them sometimes, even when the petitioner has requested the interview be in GUZ. If you wait until the I-130 is approved,before sending I-129F, then you would defeat the purpose of the K-3. If both petitions are sent to the NVC, then you could delay returning the P-3 if they are close. I think it is best to choose 1 path and pursue it diligently. Mike & Yizhen

 

 

In that case, you could file the I-824. I was under the impression that the second change was that they were no longer holding the I-130.

 

The whole point here is that you have options - choose the one that works. Right now, his choice is whether to send in the I-129F or not. He can decide later whether to pursue that option or not.

[mikepellicore]

That is the problem I am trying to point out. If the USCIS decides to hold the I-130, then he would have to file the I-824, I think it is $400 and it takes 6 mo. Then K-3 is the only option. Mike & Yizhen

 

If you state that you want the I-130 to continue for the CR-1 on the cover sheet of the I-129F, you will likely get your I-130 sent to the NVC, but not always, and if it is not sent to the NVC, then you are stuck with the K-3 or you will have a 6 mo. delay.

Edited February 20, 2009 by mikepellicore (see edit history)

[dnoblett]

It is possible, but USCIS has been holding them sometimes, even when the petitioner has requested the interview be in GUZ. If you wait until the I-130 is approved,before sending I-129F, then you would defeat the purpose of the K-3. If both petitions are sent to the NVC, then you could delay returning the P-3 if they are close. I think it is best to choose 1 path and pursue it diligently. Mike & Yizhen

USCIS has been holding both I-129F and I-130 and approving them at the same time and sending both to NVC together. This has been posted about MANY, MANY times on VJ.

 

If you answer the I-864 and DS-230 packets and pay the NVC fees, they will keep the CR-1 moving through, and more than likely it will catch up to the K-3 at the consulate by the time of K-3 interview, if this happens the K-3 get's dropped for the CR-1.

 

OR simply delay responding to the K-3 P3 packet allowing the CR-1 to catch up.

[dnoblett]

That is the problem I am trying to point out. If the USCIS decides to hold the I-130, then he would have to file the I-824, I think it is $400 and it takes 6 mo. Then K-3 is the only option. Mike & Yizhen

 

If you state that you want the I-130 to continue for the CR-1 on the cover sheet of the I-129F, you will likely get your I-130 sent to the NVC, but not always, and if it is not sent to the NVC, then you are stuck with the K-3 or you will have a 6 mo. delay.

This practice you are talking about stopped over a year ago, USCIS has been approving and sending both I-129F and I-130 at the same time lately.

[Randy W]

That is the problem I am trying to point out. If the USCIS decides to hold the I-130, then he would have to file the I-824, I think it is $400 and it takes 6 mo. Then K-3 is the only option. Mike & Yizhen

 

If you state that you want the I-130 to continue for the CR-1 on the cover sheet of the I-129F, you will likely get your I-130 sent to the NVC, but not always, and if it is not sent to the NVC, then you are stuck with the K-3 or you will have a 6 mo. delay.

 

 

So where have you (recently) heard of them holding the I-130? I think people here are assuming that that won't happen any more.

 

But, yes, I agree that the whole thing with holding up I-130's and the I-824 complicated the life of K-3/CR-1 applicants when they were doing it.

[mikepellicore]

Maybe I am out of touch, but the last person here that I remember with a K-3 changed to CR-1 was "NUWORLD" and that was before they started holding the I-130. Also, there are almost twice the number of CR/IR visa applications than K-visas. Before there where many more K-visas than CR/IR visas. I am sorry for the confusion, Mike & Yizhen

Edited February 20, 2009 by mikepellicore (see edit history)

[dnoblett]

Maybe I am out of touch, but the last person here that I remember with a K-3 changed to CR-1 was "NUWORLD" and that was before they started holding the I-130. Also, there are almost twice the number of CR/IR visa applications than K-visas. Before there where many more K-visas than CR/IR visas. I am sorry for the confusion, Mike & Yizhen

Ref: http://www.visajourney.com/forums/index.ph...t&p=2669927