me&molly

is it true that in order to apply for the k-3 visa you have to first fil out the I-130 form. once that is approved you send an I-129f petition.

Is this true????

And, if so.....then when do we send all the required documents (i.e passport copies, birth certificate copies, G325a, marriage certificate copy, etc). do we send this with the I-130 application or with the I-129f????

any help is greatly appreciated.

thanks in advance.

SidAngelika

Congrats on your marriage!
You first file the I-130, then the I-129F to bring her in the country!
Besides the copies of birthcertificate and wedding liscense. You need to send in the originals along with the copies, or you will get an RFE! Originals with copies on the K3 visa petition..
Good luck in your pursuit!

Folinskyinla

Hi:

In the scenario you give, you will be too late to file the I-129F for the K-3. So, in that respect, it is NOT true.

me&molly

i'm sorry but i'm still confused. we got married a few months ago.

do i file the I-130, then wait for it to be approved, then file I-129f????
or do i just file the I-130?
when do i send all the proof of marriage, citizenship, etc. with the I-130 or the I-129f?

thanks again.

Folinskyinla

YOU ASK: do i file the I-130, then wait for it to be approved, then file I-129f????

ANSWER: no

YOU ASK: or do i just file the I-130?

ANSWER: If you want to, that is your choice.


YOU ASK: when do i send all the proof of marriage, citizenship, etc. with the I-130 or the I-129f?

ANSWER: Definitely with the I-130. If you file the I-129F in addition to the I-130, you have to duplicate the supporting information along with the I-797 receipt notice on the I-130.

"The answer is easy if you take it logically." Paul Simon.

Folinskyinla

Hi:

Beg to disagree on one point -- do NOT send in the originals. Clear copies are just fine. You should not get an RFE on that one unless there is reason for CIS to suspect something.

jeffreyhy

m&m,

It is not true. You do not wait for the I-130 petition to be approved to submit the I-129f. If you were to do that, there would be no reason to submit an I-129f or apply for a K3 visa. You submit the I-129f petition when you receive the Notice of Receipt for the I-130 petition.

You send with each petition the supporting documents required by the petition.

Read the instructions.

Regards, JEff

SidAngelika

Then the MSC would consider each case differently then, because my RFE was for the originals.. Sorry to disagree with you, but this is our case! Nothing to suspect in my case other than just having the originals.. My lawyer said that this was a first for her too!

Mrtravelkay

me&molly wrote:

    > Originally posted by Folinskyinla
    >
    >>Hi:
    >>In the
    >
    > scenario you give, you will be too late to file the I-129F for the K-3.
    > So, in that respect, it is NOT true.
    >
    >
    >
    > i'm sorry but i'm
    > still confused. we got married a few months ago.
    >
    > do i file the I-130,
    > then wait for it to be approved, then file I-129f????

You file the I-130, then wait for approval and interview for an
Immigrant visa (IR-1 or CR-1) at the consulate. Then when you get to the
US, you are a permanent resident after arrival.

If you think a K-3 will be faster, then you file I-129F after receiving
the first NOA for the I-130.

Folinskyinla

Hi:

We are not being inconsistent. The general rule is that originals of supporting documents are NOT to be considered but CIS reserves the right to request them. So, if CIS is bothered by something, they will ask for the orginals -- but the lack of originals is NOT, in itself, a reason for an RFE.

For some reason, in YOUR case, they wanted to see them. Why? I have no idea.

me&molly

i thought i had asked a simple question:

for a k-3 visa, do i file an I-129f once the I-130 is appproved or do i just file an I-130?

i'm still confused because some of you are telling me i have to file both and others are telling me i only need to file the I-130. which one is it????

thanx

dutchman2001nl

You can file a I-129F (K-3) as soon as you received the 1st NOA from wherever you filed the I-130 ... you don't have to wait till the I-130 is approved.

Michi

Hi me&molly,

Let's see if I can try to help you out. If what you want is the k3 visa, then you first have to file the I-130, wait for the NOA (Notice of Action) Receipt to come in the mail. Once you have that NOA for your I-130, you can then file the I-129f, where you have to submit proof that you already filed the I-130 (a copy of the NOA) Understand?

You can just file the I-130 and wait for that to be approved, but that would take longer than going the k3 route, and in order to obtain the k3, you have to file the I-129f (which is a lot faster than the I-130) Unless, of course, your service center is Vermont!! Hope that answers your questions.

Lily,

Folinskyinla

Hi:

Either one is allowed under the law.

meauxna

You're still not asking the 'right' question, but I'll guess at what you're trying to learn.
-USC files I-130
-USC gets NOA1 for I-130
-USC uses this to file I-129f
-USC gets NOA1 for I-129f
-USC gets approval for I-129f (NOA 2)
-alien spouse uses this approval to apply for K3 visa from Consulate in the country in which the marriage took place/or/country of residence

The I-120f + K3 are available because it takes up to 3 years for the I-130 to get *approved*. That's what the others were telling you.