Can anyone provide clarity on I-130 & I-129F visa processes?
My concern is this. We have never lived together. He wanted to get married and at the time we had decided to stay in Costa Rica for a while, me coming back to the states to tie personal things up then move back down. Now, we're going to live here (in the states) and I'm going to go through the process of filing his petitions.
Should I pursue filing both? Or just I-130?
Answer:
peach_blossom24
You are in no different a postion then many that file a petition for a spouse. Many of us NEVER lived together prior to being granted either the K-3 or the Immigrant visa.
You can find Guidelines for filing the I-130 in the first link below and Guidelines for filing the I-129F in the second link
As for which is faster - Generally the K-3 but this is not always the case. You also have to watch the new procedures that were implemented in October 2006 whereby if one has an approved I-129F that an I-130 still in process will be held at USCIS under the assumption that you will be adjusting status in the US from the K-3. This takes away where you once used to be able to see which petition passed the post first and you interviewed for. Now if you have an approved I-129F you will need to file an I-824 (Application for Action on an Approved Application or Petition) at a cost of $200 to have the I-130 once approved, transferred to National Visa Center to continue the process for the Immigrant Visa. You can read more on that in the third link.
1. You can file both. I-130 is for CR-1 visa (analog of GC), I-129 is for K3 - spousal visa, 2 yeasr, its not a GC.
K-3 holders then need to file I-485 to get a GC. It was invented to unite families faster, but in reality could be even longer. So They recommend to file both so you will get the fastest, whatever it is.
Not living together - Well its for the officer to decide wether you are a legitimate couple or a fraud marriage. It doesnt look good. Explanation is lame, and would look lame to the immigration officer. Well go to other boards to see real life experiences.
My husband is a us citizen, we got married last sep & he just filled the I130 now we are waiting to get reunited & this bureaucracy is just suffocating, may God help us all.
wish you all the best
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