Both approved - NOW WHAT DO I DOOOOOOO

[Selin08]

Hi!!!!! After 1 year and 1 week, I finally received my I130 approval. A week after my I130 approval (today), I received my I129F approval. They were both sent to the National Visa Center.

The I130F is going to be at the NVC for a few months....they are going to send me back and forth requests. However, I called today and they said that once they receive the I129F, they will send it to the consulate immediately (They don't send me requests for the I129F).

So.....at this point, I am thinking that I may take the I129F route is my husband is going to be able to get here quicker.

My question is - If he comes here with the I129F's K3 visa, what happens to his I130 application??????? Does that continue??????? Are these our options:
(a) Bring him with K3 visa and do adjustment of status
(b) Bring him with K3 visa and wait for our I130 to be sent to the consulate and my husband to get called for an interview there. Which would mean he would have to go back to his country to go to their interview.

Is option B even an option? Like.....if we don't file for adjustment of status and he rather goes to the interview in his country?

Please help me!!!!

Thanks a million!!!!

-Selin

[scwt33]

Hi Selin08

I replied back to you when you answered my column. Please read what i wrote to you on there where you sent me your info. Good luck and please keep me updated on your process so my wife and I know what to expect next. If you ever want to contact me I have Hotmail messenger and anyone who wants to add me can. It is [email protected] Dont worry. I dont give out personal info.. haha. Goodluck to everyone and godbless.

[LexiMStL]

My question is - If he comes here with the I129F's K3 visa, what happens to his I130 application??????? Does that continue??????? Are these our options:

My understanding of it is that you must have an I 130 petition on file before you can file the I 129. I think the whole purpose of the I 129 is so that your husband can come to the USA to wait for the I 130 to be processed. I suppose that if it's faster to come immediately with the K3, then nothing should happen to the I 130. I guess it will continue to be processed.

I'm not 100% sure though, but that's my understanding of all of this, lol

[nichole]

If you go with the 129 and he interviews in his country, then he comes to the US on a K3 and you adjust status there to get green card and work permit. The 130 ceases and gets stored somewhere.

If you do the NVC processing and pay fees and do forms on the 130 instead, he also interviews in his country and gets a CR1 visa which means he has a green card and work permit when he enters the US.

Sorry but I don't know the timeframes for NVC processing on a 130 or if it takes a long time to wait for the green card after the interview. Maybe somebody who got a CR1 can fill you in on that part. Is there a forum for that? People used to prefer the K3 because the 129 ususally went way faster and you could be together sooner.

[fredpson]

Wait a minute... isn't the I-129F for K1? or is it the same form for k1 as it is for K3?

[nichole]

Wait a minute... isn't the I-129F for K1? or is it the same form for k1 as it is for K3?

Married people-
File I-130 (for a CR1)
Get a NOA1
Now eligible to mail a I-129 (for a K3)
Get a NOA1 on it.
Wait.
Whichever one gets approved first, you go with. Used to be the K3 went through alot faster. Then Vermont kinda quit doing the K3s for awhile. Don't know why, just ignored them while cranking out K1s faster.

[romeh]

Congratulations

Hi Selin

I went through the same process and my wife is now here in the US on a K3 visa.

The I130 is held at the NVC until you file the I-485 (AOS). So, option b is NOT an option for you unless you notify the NVC that you don't want to go with the K-3 visa anymore which is not a good decision because it'll take longer time. The I-129 is sent directly to the consulate whereas the I-130 still undergoes processing before going to the consulate. However, at the time you send the I-485, you need to pay $1010 as an application fee (obviously, DHS won't reunion you with your husband for free ).

I hope this was helpful.. Good luck.