Programbo5

I have read countless posts on here and elsewhere about how the K type fiancee
visa is faster than the 130 type for a wife..My question is ..WHY?...Has anyone
in the immigration service ever given a reason for this?..It seems to me
ridiculous that it wouldn`t be the other way around....I know it can`t be for
marriage fraud since it`s just as likely that the fiancee would be a fraud so
there must be another reason

Rete

The Fiancee visa is a non-immigration visa while the I-130 is a immigration vsia.

Programbo5

    >>>>>The Fiancee visa is a non-immigration visa while the I-130 is a
immigration vsia.<<<<

And this means exactly...?..It still seems to me someones wife should be here
faster than just someones fiancee regardless of the type

L D Jones

Programbo5 wrote:
    > >>>>>The Fiancee visa is a non-immigration visa while the I-130 is a
    > immigration vsia.
    > And this means exactly...?..It still seems to me someones wife should be here
    > faster than just someones fiancee regardless of the type

For whatever reasons the process doesn't work like this. Unless one can
file the I-130 directly at a consulate abroad.

Joachim Feise

Rete wrote:
    > The Fiancee visa is a non-immigration visa while the I-130 is a
    > immigration vsia.

The I-130 is not a visa. It is an immigrant petition.

Rete

That is correct. The I-130 is Petition for Immediate Relative. I always think of both as visas, as both are permission from the US Consulates for the recipients to enter the US. My apologies for the incorrect teminology.

While there is no apparent reason why it should take longer for petitioning a foreign spouse who is residing outside of the US to enter the US as a permanent resident than petitioning for a fiancee visa for a foreign fiancee, that is how it is.

Both beneficiaries and petitioners have to complete the same documentation in order to enter the US to be with their USC spouses and/or fiancees. Both petitions/visas require medicals, police clearance from all countries lived in for more than six motnhs after the age of 16, long form birth certificates, etc. from the foreign beneficiaries.

The only appreciable step that the I-130 has to complete that the Fiancee Visa did not up until now is the intervention of the National Visa Center as the middleman between USC/foreign spouse/fiancee and the US Consulate. With the exception of those in the UK.

At least the I-130 beneficiary who is approved abroad will enter the US as a PR and not have to deal with the INS again until either their conditions (if any apply) need to be removed or they wish to become USC or they have to renew their green card in 9 years and 9 months.

The K-1 and K-3 recipients all have to go through the adjustment process while residing in the US and that process can be froth with problems and long timelines.

One reason why the I-130 takes longer than the I-129F is perhaps because statistically it is a petition used more often than the Fiancee Visa. Therefore they are more of them being processed and thus the longer timeframe to clear the various service centers, the NVC and the US Consulates abroad.

Rete