allygrl

Do I have to file the I-129F form? Or do I just file the I-130? Or both? I'm confused as the I-129F is a fiance(e) visa and we are married.

cindyabs

Nope, the 129F is still (almost 2 years after inception) being used for K3 ALSO, AFTER the first NOA for the 130.

sherlock

The way I explain this to people who ask what is taking so long:

The I-130 is a request for an immigrant Visa for your spouse to live in the US permanently.

The I-129F is a request for a non-immigrant Visa for your spouse to live in the US while waiting for I-130 to be approved.

cindyabs

"ya can't have one without the other."

gemmacat

If you're in the states and your spouse is abroad....
1) file I-130
2) when you get your Notice of Action file the I-129F. Assume the word Fiancee means spouse.

cindyabs

Also if you look on the 129F, it specifically mentions certain questions you DON'T have to fill in if it's for a K3.

lpdiver

CAn too!!!!

cindyabs

, in regards to what the OP seems to be considering........ can't. Nyah, nyah, nyah,

lpdiver

CAN TOO!!!!

jeffreyhy

cindy,

Of course you can have one without the other. The I-129f is not required for a spouse.

There's no requirement for a foreign spouse to apply for a K3 visa. Those who do so do it because they want to.

Regards, JEff

allygrl

I am currently living in the UK (I have a FLR) with my husband. Since I live in the UK and can show this with the FLR I can file the I-130 at the embassy....or so I read anyway. lol!

With me living in the UK with him do I STILL have to file this I-129F?

cindyabs

True Jeff, nobody twisted my arm for us to go the K3 route. The motivation speaks for itself. However, the 129F IS required IF you are going the K3 route, as well you know AND I know. For those of us going through TSC for the 130, the K3 was a godsend.
Allygirl, I'm sorry I didn't realize you were in the UK with your husband.

jeffreyhy

cindy,

Big IF.

It does no one any good, especially someone who is confused about the issue, to give an answer that applies only some of the time as though the answer applied all of the time. The qualifiactions that go with such an answer are essential to resolving the confusion that caused the person to ask the question.

Regards, JEff

allygrl

Ok, now I'm really confused. Do I or do I not need to file the I-129F form? Remember that I am currently living in the UK WITH my husband.

Now what is the difference between a K3 and a K4??

meauxna

allygrl,
it seems you could benefit from reading infotec's recent posts.
If you are living legally in the UK with your UK spouse, you don't have to file for a K visa at all.
Read my description of IV/Immigrant Visas and read London's page about applying for an Immigrant Visa (link in a reply to infotec).
If you are filing your I-130 abroad (aka DCF), your spouse can apply for an Immigrant Visa and you don't have to read any of this AOS stuff.