Wolfy

As subject states...

Am I right in thinking the I-130 takes between 6-10 months?

just wondered why it takes longer for the spousal as opposed for the fiance, just a thought

Noorah101

Are you talking about just the I-130 and I-129F approval through USCIS? Those are about the same, as far as I know, right around 5 months each.

If you mean the total process from filing the petition to getting visa in hand, the Immigrant Visa takes a little longer because there are some steps through NVC which the K-1 visa does not do.

Typical total Immigrant Visa process takes around 8 - 10 months. Typical K-1 Visa process takes around 6 - 8 months.

Rene

Wolfy

Ok, so really only a couple of months in it......also am I right in reading that the A.O status I-485 can be filed at the same time as long as the I-130 has not been denied which unlike the I-129 has to be done as soon after you have married?

Rete

I'm not at all sure what you are talking about.

If you entered with an approved K-1, there is no filing of the I-130 after you marry and apply for AOS. One advantage to the K-1 is that that form and its fee is eliminated.

However, If you are talking about someone who was fool enough to apply for a K-3 visa along with the filing of the I-130, then the differences are many and the K-3 offers nothing of value to the recipient. Both going for an Immediate Relative Visa at the US Consulate and the K-3 takes about the same time but the I-130 means you enter as a permanent resident. The time difference is minimal, if at all existent.

Noorah101

I'm sorry, I don't understand your question.

When you enter the USA using a K-1 visa, you have to apply for adjustment of status (AOS) to get your green card. That involves form I-485, but no I-130.

If you are married and you enter the USA on an Immigrant Visa, there is no AOS at all, you enter the USA as a Permanent Resident and get your green card on Day 1 at the POE.

Rene

Wolfy

Sorry, will try to clarify...

My fiance would like to marry on 01.01.11 after originally discussing the 129-f and deciding to go down that route....Now she wants to marry and adjust status, told her ...no way! if we mary I still have to leave her and return, too risky given that I need to compile some stuff for lawyer as well which is ongoing, but will discuss this option with him also....

She is under the impression that you have less steps to complete and costing is less.

As far as the 130 v 129f....was wondering which is quicker to getting visa in hand..

sorry if wasnt that clear bad headache...trying to absorb too much this weekend.....

Noorah101

I see. What your fiancee is suggesting, is illegal, if she's thinking of having you come to the USA as a visitor and remain to adjust status. Don't do that.

If she's talking about getting married and then filing an I-130, then there is no adjustment of status involved...you get your Immigrant Visa and come to the USA and become a US PR right away.

Rene

Wolfy

Exactly what I told her...too risky...sooner marry then come back that way not breaking any rules or risk lifetime ban............

ian-mstm

There's a hidden part to the equation - because it isn't just about arriving in the US. The time from filing an I-129F as a fiancee until you get a Green Card vs the time from filing an I-130 as a spouse until you get a Green Card. Filing an I-130 is usually faster and much less expensive.

Ian

traceym

Wolfy,

Heres my timeline, 10 days after entering the US my Green card and SSN arrived in the post, we don't need to do anything else until 90 days before my 2 years are up when we apply for my 10 year Green card. My application was really quick but thanks to this site we had all of the paperwork ready to send at each stage. Also my interview would have been a few weeks earlier but the NVC lost my e mail address so sent the interview letter by snail mail. I think your looking at comparisons so thought it may help.

I130 to CR1
23/06/09 I130 paperwork submitted
16/07/09 Notification paperwork received
21/09/09 I130 Approved
13/10/09 Paperwork submitted and fees paid to NVC
21/11/09 Case complete NVC
31/11/09 Interview letter received
02/12/09 Medical
21/01/10 Interview - Successful
25/01/10 Passport returned with Visa
30/01/10 Enter USA on CR1 at San Francisco.

jeepgirluk

Hi Wolfy,

I went through the K1 Fiance Visa process. I've been in the US for 6 months. My AOS paperwork was filed at the beginning of July. Tomorrow morning I have my AOS interview. Knowing what I know now, if I had my time again I would go down the I-130/CR1 route.

jeffreyhy

Agreed. The correct comparison is to look at the same starting and ending conditions, petition to PR status.

I-130 + Immigrant Visa = I-129f + K1 Non-Immigrant Visa + AOS

Regards, JEff

sir_eccles

Well 130 is one more than 129 so it's one louder isn't it?

Nigel Tufnel: The numbers all go to eleven. Look, right across the board, eleven, eleven, eleven and...
Marty DiBergi: Oh, I see. And most amps go up to ten?
Nigel Tufnel: Exactly.
Marty DiBergi: Does that mean it's louder? Is it any louder?
Nigel Tufnel: Well, it's one louder, isn't it? It's not ten. You see, most blokes, you know, will be playing at ten. You're on ten here, all the way up, all the way up, all the way up, you're on ten on your guitar. Where can you go from there? Where?
Marty DiBergi: I don't know.
Nigel Tufnel: Nowhere. Exactly. What we do is, if we need that extra push over the cliff, you know what we do?
Marty DiBergi: Put it up to eleven.
Nigel Tufnel: Eleven. Exactly. One louder.
Marty DiBergi: Why don't you just make ten louder and make ten be the top number and make that a little louder?
Nigel Tufnel: [pause] These go to eleven.

Wolfy

See no relevence in this , but thanks for the lesson anywhooooo!

sir_eccles

Well it was funny in my head.