Asked on Jul 19th, 2011 on Immigration - New Jersey
More details to this question:
Should I file for I-129 or should I wait for I-130 to be approved? I filed for I -130 for my wife in January 2011 when I was still a LPR, I am now a US Citizen. Should I wait for I-130 to be approved or should I just upgrade my status and apply for K3(1-129). What is the process in status upgrade. I just want the fastest way to bring my wife. If I wait for I-130 to be approved and processed will it take longer for for my to come? Thanks everyone.
Hello, The upgrading process depends on what service center the I-130 is processing. The safest thing to do is send a copy of the Certificate and a copy of your I-130 receipt with a letter requesting the upgrade. Most K3s are processing the same time as I-130s right now and they will not process a K3 if the I-130 is approved at the same time. Double check your Service Center's processing time and if they are the same, don't bother doing a K3.
You should upgrade the I-130. I-129 was designed to expedite the process at a time that I-130s would take years. But now they are processed quickly and there is no need for I-129.
You should upgrade the Petition for Relative (Form I-130) now that you are a US citizen. And then file an Application for a Non-immigrant Visa (Form I-129) requesting a K-3 visa on behalf of your wife.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.