I am a US citizen. My husband is Ghanaian. We were married in Ghana. I just returned to the US. After I file the I-130 should I file the I-129? Will that get him here faster? I read on the USCIS site that if I file that form he can come to the US and wait on his green card once they approve the application. Is that correct? How much time am I looking at from the filing date until I can see him again?
https://egov.uscis.gov/cris/Dashboard.do at the bottom under
"Processing Times" choose I-130 and then after you hit "next" and
refreshes, choose, under "Select a form sub-type"U.S. citizen
filing for spouse..." and hit "next" and then choose the service
center, of the four listed" where your I-130 is situated. Let's say
it is the "Texas Service Center". You would use the drop down menu
to choose that and then, "get results". You will see 5 months.
If you then hit "reset" under that "Texas Service Center" at that
drop-down menu, then do the same for the I-129F for "K-3 already
married" and you can try all four of the options in the drop down
menu and none is less than 5 months. There is no advantage to also
file the I-129F for the K-3 visa,
Afte the I-130 is approved it will take a few months before he would have his interview in Ghana.
Harvey Mechanic, Attorney at Law
Authorized to handle Immigration matters throughout the United States
Just in case your I-130 is one that falls out of the processing time meaning USCIS didn't process it within their estimated time, I think its good practice to go ahead and file the I-129 since no filing fee is involved. It also gives you another alternative to bringing him into the U.S. should something out of the ordinary happens as it usually does with USCIS.
It is usually a little quicker to go the K-3 route. However, in the end, you will save more time and money just waiting a couple more months for the immigrant visa interview as he would then immigrate to the US with an immigrant visa, not solely a nonimmigrant visa. With a K-3, once in the U.S. he would then have to file for a green card which involves again more money and another 4-5 months before he obtains conditional residence. That is however up to you whether you want him here as soon as possible whether it is with a K-3 or IV. Please contact me for further questions.