I-129F and I-130- approval at the same time and now what to do?

gringoloid says on Jun 29, 2007, 07:16:

Gregg, we've met before in your apartment. I was just told yesterday that the law has been changed this year and it now takes closer to two years to bring your wife back to the states.

Now here in Bogota, I hear 15 different stories about every point of law. Every lawyer is giving me different advice.

Please keep us advised of your status as there are others here in the same boat.

Good luck to you,

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orestesdd says on Jun 29, 2007, 07:42:

I cannot believe that it task two year to bring you "wife" to the US. I was once married abroad, and it took me less than 6 months to bring my wife to the US. And I did all the paperwork myself without the need for lawyers who are just after your money. It is true that this happened more than 14 years ago, but I cannot believe that a spouse visa can take that long. If it does, write a letter to your congressman or woman and or the house of representative person in your district, and tell them that your spouse is being held hostage by the slow visa process. Since you already have the visa, it should not take more than 6-8 months to have your beloved one in the states.

I am now divorced, by the way. Good luck and keep posting your progress.

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gringoloid says on Jun 29, 2007, 08:08:

There has been a lot of abuse of the foreign bride laws since you got married 14 years ago. There is a huge divorce rate once the two year rule is met and congress changed the law in 2007. Or so I hear; but don't take this as fact as right now, I really am having a hard time believing anything.

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elgatoverde says on Jun 29, 2007, 08:54:

Yes she will be restricted from traveling outside US. You will not likely receive a Advanced Advanced parole.Once you pass you interview you will receive her green card then she is free to travel. Gettign married in Colombia was one of the worst things you could have done. That process takes much much longer. I filed a K1 Fiancee visa and she was here with me in a little over 7 months. I have read doing it the other way can take a couple of years. I will assume you have already filed for her child to come with her at the SAME time you applied for your wife to come here as well. The fact that you married in Colombia in Jan and already got some approval notices is a miracle, but could take another year to get finished

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Robert Jorge says on Jun 29, 2007, 10:37:

Check out visajourney.com. It even has average time-lines based on the country of the beneficiary and visa type. Unless something drastically changed in the last 3 months, the K3 or spousal visa takes the same amount of time as a K1, fiancee visa, more or less. Do your stuff correctly, and you are looking at 6 more months, maybe less, based on the fact that you have already received the paperwork awknowledments that you have.

Also, since she is your wife and you guys are already married, once she receives the visa, you will have to file for an adjustment of status - true. But, unlike a K1, a K3 allows the beneficiary to travel immediately. So less for you to worry about there.

He who farts in church, sits in his own pew.

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FloridaTom says on Jun 29, 2007, 11:31:

I am in the final stages of a K3 Visa with my wife, a Colombiana with Residency in Costa Rica. Here was my timeline:

I-130/G235 Packet: Mailed 8/23/06, Priority Date: 8/29/06
I-797 Notice of Action: 11/16/06
I-864 Affidavit of Support Request: 12/4/2006
I-864 Affidavit of Support Received: 1/3/07
IV Fee Agent Packet: 1/3/07
Instruction Packet Agent: 1/28/07
NVC Process Complete & Sent to San Jose: 03/21/07
Initial Interview Date at Embassy: 05/29/07 (10 Months after Submission) - Missed due to Family Emergency
Rescheduled Interview Date: 07/10/07

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gatorgt says on Jun 29, 2007, 17:49:

Thanks to everyone for their comments. Nice to hear from you Gringoloid. I sold that condo right after you visited. The info I have is that the NVC will be sending my I129f to the embassy in Bogota in the next few weeks and after that the embassy will be sending out the packet to my wife and then we will have the interview. Im not sure why some people are saying one to two years when everyone I have talked to or have read says it will take six to seven months total which appears to be correct. Fingers crossed.

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bueno_pues says on Jun 29, 2007, 20:30:

Robert Jorge is absolutely correct. A K-3 can travel even while her AOS is pending. Advanced Parole is not required while the K-3 is still valid. This goes for the K-4 also.

Don't think of the I-130 as wasted. It's a prerequisite to filing the I-129F for your spouse and it's also a prerequisite to filing for AOS for a spouse. In fact if you have not done so already you'll have to file a separate I-130 for her daughter. She can come here on the K-4 and you'll have the duration of that visa to file the I-130 and I-485. For me it was too expensive to do them all at once so I waited and did the kids just before their K-4s expired.

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gatorgt says on Jun 29, 2007, 20:54:

Thanks Bueno Pues (great name by the way). I agree with you and I actually mailed off the I-130 for my step daughter today as I didnt know before that I was required to do that. Do you happen to know if I need to do an original I-864 for my ten year old step daughter like the Mother or can I just use a copy of it? Also, the I-864 does not have anywhere on it to be notarized so is it only the I-134 that needs to be notarized? Lastly, will the embassy send my wife a packet for her daugther as well when the I-129F is received from the NVC? Thanks for any advice you can offer.

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bueno_pues says on Jun 29, 2007, 21:31:

For the K visas, you'll need the I-134 - just one for the two of them. Later for the AOS, you'll need the I-864. They will send one packet with instructions that will cover both of them. You'll get a letter from the NVC when the petition has been sent to Bogota. Tell her to watch for the packet and don't be surprised if she never gets it. Check out the Colombia threads on www.visajourney.com for how to continue the process even when the packet gets lost. You can use forms downloaded from the internet once you have the case number (it will be on the letter from the NVC). If I had a quarter for every time my wife has said "bueno pues" I'd have a couple hundred bucks by now.

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