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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28862
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Lt;br> <br> So you recommend to to file an I-130

Customer Question

So you recommend to to file an I-130 and a I-129F petition again? We already filed an I-129F petition for the K1 fiance visa and it was approved but we have not filed an I-130 yet because after we got married with K1 the I-485 was filed for AOS (and unfortunately
abandoned). <br>
Is it better to file a new I-130 and do consular processing or should we ask to have our case changed to consular processing? I expect that changing our case will take much longer than filing a new I-130
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Good evening

There is no way to change your 485 to consular processing. The I-485 is an application to adjust status in the US. You are no longer in the US. Once you are outside the US you have to file for an immigrant visa through Dept of State. You cannot change over the I-485 to immigrant visa processing.

The I-129F is a multi purpose form. It is filed for a K1 (which you were approved for) and for the K3 if you are the spouse of a US citizen with a pending I-130.

So your only option now is to have your spouse file an I-130 because you are married. I disagree with my colleague that filing the i-129F serves no purpose because there is rapid adjudication of the I-130. That was true a year ago when I-130s were being approved in a 2-3 month period and currently are taking 5-7 months.

So if you file the I-129F which ever is approved the fastest you can pursue. If the I-130 approval rate becomes quicker then you can drop the I-129F visa processing and pursue the I-130 route.

Processing rates fluctuate and there is no real way of pinpointing exactly how long it will take for approvals because it all depends on demand and what USCIS prioritizes it's resources for.

You ask if it is better to file "a new" I-130. You haven't filed any I-130 so now the I-130 is your only route to getting back here with or without the I-129F for the K3.


Customer: replied 1 year ago.
Judith, thanks for your answer. So it will be no problem to file an I-129F and an I-130 at the same time?
Expert:  Judith Ludwic replied 1 year ago.

The I-130 has to be filed first. Once you spouse has the Notice of Fee Receipt then the I-129F is filed w/ a copy of that and no filing fee.