I have a question

[dustyone]

Hello all I have been a member now for a while and reading a lot that has helped.But I have a question My I am in the united states and shan my so is in chongqing china we are going to marry in march when I go there.But the question I have is on the filing to bring her and her son here she wants to file a I-129 while I am there said it would be faster for them to come here but if I am reading right it is the I-130 we need to file if we are married.Any comments that any one has would help I am worrying a lot about messing up the paper work.

 

 

thanks all dustyone

[tywy_99]

You read right.

It's the I-130 you have to file first if you are married. The I-129F will come later if you want the K-3.

[goneflying2000]

At this point in time the I-130 is moving faster than the I-129f so I think that you will find that your I-130 will be approved first

[Chinese Wife!!!]

Welcome Dustyone,

 

I-129F's/ K-3's at MSC are running about 6-1/2 months right now. AND THEN comes the time at NVC and GZ.

 

I-130/CR-1 approval times vary depending on which Service center you have to use- and that CAN fluctuate too. What is your state of residence? Vermont SC has been one of the fastest. California had really sped up this last summer, then got to 3-4 months and seems to be getting a little faster again. After an I-130 gets approved and it then goes to NVC for what now is a lenghty approval process and finally on to Guangzhou.

Well good luck!

 

The I-129F will cover the child Derivate staus (you only need 1 each I-129F).

 

The I-130 does NOT have derivative status and I suggest that you file a seperate one for the son and file it at the same time as his Mom. This is a personal choice you will have to understand and make later.

 

With being MARRIED you will have to file an I-130 Minimun for HER and then it's an either a K-3, OR a I-130 for the son OR both.

 

Good luck!

[dustyone]

thank you all for your help I guess I should have said where I live.I live in kansas .

[MikeXiao]

Hello and welcome Dustyone. I am originally from Nebraska.

 

You file the I-130 after the marriage. Then when you have the confimation notice, you file the I-129F. Right now the 130 is moving a little faster. Essentially, the 130 will do all of the P3 stuff here. So it will minimize, some of the consulate delays. A little easier to track here also. Right now, we are waiting for the "130" notification of the interview date. In 11 days will be our first anniversary. I wanted to be there, but is most important to be there for the interview. I think I will be there in April. Fingers are crossed....

[tywy_99]

The I-130 is only the petition which is filed by the USC or LPR on behalf of the beneficiary. The beneficiary becomes the applicant once the DS-230 is submitted to post. The type of visa applied for determines if that visa has derivative status attached to it or not.

The I-130 will have to be filed on all applying for an IV regardless if K-4 or not. The most efficient way to do this is to file an I-130 on all involved at the same time. Once CIS has accepted the petition for processing, one can file the I-129f for K-3/4.

The k-4 applicant will not be denied a K-4 visa if their name is not listed on the I-129f petition but it is highly advised to list their name to avoid any possible delays.

In most cases, a K-4 applicant needs only to demonstrate that they are the minor, unmarried child of the K-3 applicant.