Fiancee/Spouse Visa I129F and I130

[avanthimayur]

Hi
I got married in the year of 2006 in India. I got naturalized to US Citizen in Oct09. I have applied GC for my wife (I130) and after recieving the reciept, I applied for I129F (K3). Now on Feb 17th both the petitions are approved. What should I do now?
Should I ask my wife and my daughter to get a K3 Visa or wait for NVC processing?

Thanks
Avanthi Mayur

[nichole]

I have read there are recent changes....Feb 2010...about the K3 visa. If your I-130 is approved, they will "administratively close" the I-129 petition. It means getting a CR1 and that's really a better thing in my opinion. Below is a quote from the Dept. of State.

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.

[avanthimayur]

Thanks

Hi Nichole,
Thanks for your response. My family I130 and I129 are approved on Feb 17th. They have mentioned in the approval that the original visa petition has been sent to Department Of State, National Visa Center (NVC) Portsmouth, NH.
Will they contact my wife directly? DO I need to do any paperwork from my side? Does my wife has to go for a visa interview?
I really appreciate you help
Avanthi Mayur

[vlg]

The answers to your questions are as follows: no, yes, yes...

1. Will they contact my wife directly? No, the National Visa Center will contact you, the petitioner, with regards to next step in processing the case.

2. Do I need to do any paperwork from my side? Yes, your wife will need to complete DS forms for submission. You will have to complete the affidavit of support and make arrangement for original documents to be submitted. The package you should receive from NVC should explain what is required. Make sure to submit everything they ask for otherwise it will delay the process. Oh and don't forget to pay the fees.

3. Does my wife have to go to a visa interview? Every visa applicant must attend an interview, especially one applying for an immigrant visa. Once NVC has the paperwork it desires, it will send the packet to the U.S. Consulate having jurisdiction over your wife' place of residence. Then the Consulate wills schedule your wife for an interview. Make sure to keep copies of everything that was submitted so that your wife can take it with her to the interview. Please take copies of every original document that you submit, this way the consular officer can keep the copy and return the original back to you.

[avanthimayur]

Child Visa

Hi VLG
Thanks for your response.
Can you please tell me an approximate time this will take?
Also,
My idea was to bring my spouse and child on K3 and wait until I130 is approved. I was told that my spouse children will automatically be given K3 visa. Hence I did not file a seperate I130 for my child.
But in my case as both I130 and I129 F approved simultaneously, will my child be given a visa or should I file I130 seperately?
My child was born before I was naturalized

Thanks
Avanthi Mayur

[saraqasim3]

129f&130

hi my meerige 24 feb 2010 and appley my wife my visa 129f &130 please help me how much time approve visa