I-130 and I-129F

[Dennis]

I have been looking at some info on the Visa Journey web site.  It seems that everyone who has filed the I-130 form also filed a I-129F.  Is the I-129F form necessary if you are married and don't have any children?

[sean126]

I believe so.  Even though it's used to obtain a fiance visa...it is also used to facilitate entry into the US for your spouse.

[Dennis]

Darn, if it isn't one thingit seems to be another.  I filed my I-130 in July and received my NOA 1 on 7/27 but it didn't mention any other form.  I guess I had better get that form and start filling it out.

Thanks

[sean126]

That's the info I got according the what I read on visa journey.  I've never tried to get a k3 visa.  Ray and Sir William would probably be able to give you a more definite answer.

[utopiacowboy]

Filing an I-129F for a K-3 visa is completely optional. In the past it was taking the service centers years to approve an I-130 petition so Congress created the K visa for spouses to enter the US to await processing of the I-130s. Now they are less important because they have speeded up on the I-130s.

[Ray]

Not to worry Dennis...

As cowboy noted, the K-3 spouse visa is optional.

The Form I-129F Fiancée Visa petition is also used for the K-3 spouse visa and the I-130 must be filed first.

If you can wait a few months longer, the CR-1 immigrant visa has some important advantages over the K-3 non-immigrant visa, so it isn’t really necessary to file the I-129F for your spouse.

One advantage of skipping the K-3 petition is to bypass the IMBRA bull crap.

Another is that with the CR-1 visa, she will get her “Green Card” effective when she steps off of the plane. This will immediately allow her to work, travel overseas, apply for a driver’s license, and probably cut at least 9-12 months off of the wait to apply for naturalization.

In your case, I would just forget about the I-129F and let the I-130 run its course.

Ray

[utopiacowboy]

As usual Ray's advice is impeccable.

[Ray]

Karma point for the cowboy... 

[Dennis]

Thanks Ray, I appreciate the information.  I will stay with the I-130 forms and just let the paper work run the process and hopefully she will be here next spring.