Question about K3 while old K1 is still being review

[Randy W]

Sorry to jump in here ... and please forgive me, from any of my posts it should be obvious that paperwork and legalese make my head spin in ways that truly are uncomfortable. But I just recently sent in an I-130. Now I have filled out an I-129F and two more sets of G-325As to send in when I am told to. Is this information wrong? I see the OP being asked why he is sending in I-129F if he is already married. I am married, sent in my I-130, but I thought I had to also send in an I-129F?? Again, sorry if I am easily confused about all of this. But the idea of me making a mistake that costs my wife and I time just makes me queasy.

 

Appaullo

 

The I-129F is used to file a petition for a fiance K-1 visa.

 

The I-130 is used to file a petition for a wife. After the I-130, you may choose to file an I-129F (the same petition as for fiance but for a K-3 visa) in hopes of getting her here sooner, or in having a backup if one is denied. The I-129F is optional if you have filed an I-130. The I-130 is not.

 

His first I-129F for his fiance was denied. So he got married and is starting over with the I-130, and maybe a K-3 I-129F.

Edited March 24, 2009 by Randy W (see edit history)

[Appaullo]

I see. Thanks for clearing that up I only mailed it in a week ago, and I'm a nervous wreck already.

 

Appaullo

[benc]

i have another question. when sending in the I-129F after receiving the NOA1, do i have to also include evidents with it?

[Stepbrow]

Hi Benc,

 

Yes you have to include evidence. You must include all of the items asked for on the Instructions for the I-129f. You have the instructions, right?

[benc]

yes.. i have instructions.. so i guess the same evidence that i provided from my old I-129f + also the evidence i included in my new I-130.

 

thx for info.. 1st time doing it by myself..

[benc]

sorry, one more question..

 

I just re-read the instruction for the I-129F

 

on page 2 #2 - Filing Limitations on K Nonimmigrant Petitioners.

 

if i file a I-129F a year ago, while that one is pending for review . and now i'm going to file this new I-129F ( for K3 ) , do i need to apply a waiver ?

 

 

on page 4 #8 - How do you use this form for your spouse seeking entry with a K-3 Visa.

 

where it said , you must submit the documents required in items 1.2 and 4 of the instructions. What is Item 1, 2, and 4?

[david_dawei]

I want to go for K3 becuase i hate GUZ. and also i hear is much more friendly oriented in HK and also i can accompany my wife durring the interview.

fair enough... just realize that HK is now denied and telling people to just pursue the I-130... they seem no longer accepting of some filers wanting to avoid GUZ.

 

So, prepare your I-129F/K3 as best as possible.. but get a cursory understand of the I-130 in case you need to push it along.

[david_dawei]

on page 2 #2 - Filing Limitations on K Nonimmigrant Petitioners.

 

if i file a I-129F a year ago, while that one is pending for review . and now i'm going to file this new I-129F ( for K3 ) , do i need to apply a waiver ?

It's not clearly explained in the IMBRA, but I've read this is supposed to be in reference to K1 filings (since the K3 is an optional filing to the CR1 and cannot be refused).

 

But... based on the note you mention below... it directly says to submit Item #2.. which is waiver issue.

 

you may want to ask M.Ellis...

 

on page 4 #8 - How do you use this form for your spouse seeking entry with a K-3 Visa.

 

where it said , you must submit the documents required in items 1.2 and 4 of the instructions. What is Item 1, 2, and 4?

Under General Requirements

[Zhou Zhou]

Today I finished compiling an I-130 to bring my wife to the US. After a review tomorrow I plan on mailing it to Chicago on Monday. Am I correct that when I receive the NOA I am to send in the I-129f. Is it correct that the I-129f will contain the same G-325A and proofs of citizenship, marriage and the airline tickets, telephone records, e-mails, etc?

I am wondering about this because I went through a lot of trouble and time completing the 134 pages of my I-130 and don't want to go through it unnecessarily. Thank you, mucho. ZZ

[Sebastian]

Today I finished compiling an I-130 to bring my wife to the US. After a review tomorrow I plan on mailing it to Chicago on Monday. Am I correct that when I receive the NOA I am to send in the I-129f. Is it correct that the I-129f will contain the same G-325A and proofs of citizenship, marriage and the airline tickets, telephone records, e-mails, etc?

I am wondering about this because I went through a lot of trouble and time completing the 134 pages of my I-130 and don't want to go through it unnecessarily. Thank you, mucho. ZZ

 

 

IMO, you need to view the two petitions as seperate. Make copies of your 134 pages from the I-130 packet, and submit it with the I-129. All of It. Get to Kinko's Copy Center, today, and make a copy. If you have photos that you included with the I-130, take the negatives or CD to walgreens and have another complete 'set' made.

 

But hei - forget 'my opinion' for a moment. The fact is - USCIS will review and approve these two petitions seperately. You need to make two complete sets o 'files' for two seperate 'submissions'. You don't have to submit 'original documents' on the initial petition mailings, but be prepared to do so when either 1) you are handling NVC processing for the I-130 or 2) she is at the interview window for the K-3.

 

Good Luck !

Edited April 5, 2009 by Sebastian (see edit history)

[Zhou Zhou]

IMO, you need to view the two petitions as seperate. Make copies of your 134 pages from the I-130 packet, and submit it with the I-129. All of It. Get to Kinko's Copy Center, today, and make a copy. If you have photos that you included with the I-130, take the negatives or CD to walgreens and have another complete 'set' made.

 

But hei - forget 'my opinion' for a moment. The fact is - USCIS will review and approve these two petitions seperately. You need to make two complete sets o 'files' for two seperate 'submissions'. You don't have to submit 'original documents' on the initial petition mailings, but be prepared to do so when either 1) you are handling NVC processing for the I-130 or 2) she is at the interview window for the K-3.

 

Good Luck !

 

Xie Xie Sabastian...this gets more complicated at every turn.

 

ZZ

[benc]

for me, i just sent out the I-129F ( but i added more paperwork to it )

 

also i'm just let the old I-129F hanging out there till they give me a decision.

[BrokenHeart]

You might get a interview with HK, BUT YOU WILL GET DENIED using the I-129F. Just go with the I-130 and run with it. Trust me I have been through that 2 weeks ago.

[Guest Pommey]

Brokenheart, I'm assuming you were present for the interview in HGK , what reasons for not bonified did they give you if any ?

[BrokenHeart]

Brokenheart, I'm assuming you were present for the interview in HGK , what reasons for not bonified did they give you if any ?

 

They did not think the marriage was real, and the wife couldnt speak fluent english, and I couldnt speak fluent chinese. You have to remember, the wife and her friends know about US immigration inside and out. She will not listen to me. She will listen to her friends though. When she says to the officials, I talked to a lawyer friend and he said coming to HK is much easier to get visa, well that sunk that ship.

Nobody with a I-129F and married will pass interview at HK, they will say to them like they did me, go to GUZ. So thats a waste of time to go to HK.