ForumTitleContentMemberSexCountryDate/Time
CanadaCrossing into Canada after filing I-130

Hi all,

 

I realize this has probably been posted a zillion times, but everything I've read is from a few years ago so I want to be sure I am getting the most up to date information. I My husband and I have been married since January, and we are unsure what to tell the border officials. I know that sounds stupid but we are both completely new at this. We have filed our paperwork as of May, and we have the first notice that everything was received. I would like to know basically what is the best way to cross to ensure that we neither of us will be banned or that our application will not be put into jeopardy. He lives full time in Canada, is not a permanent resident of the US and does not work here. I am the USC and I live fulltime in the US and work full time in the US, so we are just visiting each other (we live in border towns.) Does anyone have any experience with this or good advice to give me? What documents should I bring? Should I bring all of my copies of the petition? All I am reading are horror stories and now I am paralyzed with fear at visiting my husband in Canada!


tt83FemaleCanada2013-06-12 12:13:00
US Embassy and Consulate DiscussionMedical reports from Michigan doctor for Montreal embassy

Is it necessary that the medical exam needs to be done in Ontario approved doctors mentioned on Montreal US consulate website? I live in Windsor, Ontario and commute to work in Michigan. I did my medical exam with approved doctors in Michigan (form I-693) and have the reports ready and sealed. Would I be able to take this to US embassy in Montreal?


ochrisMaleCanada2013-09-27 10:20:00
Removing Conditions on Residency General DiscussionMaintaining USA Green Card

Can we maintain the USA Green Card (GC) living in Canada?

I commute to Buffalo, NY for work, but me amd my family who all got GC and Canadian citizenship live in St. Catherines, Ontario, Canada. I heard we need to come to USA every 180 days to maintain the GC. We often visit USA on weekends for grocery and shopping. Is this enough to maintain our GC?


ochrisMaleCanada2013-11-04 13:34:00
Waivers (I-601 and I-212) and Administrative Processes (221g)CEAC "ready" "issued" "ap"

Mine went from "Ready" to "AP" to "Ready" then a couple hours later "AP" then "Issued"

It also changed from an IV to a NIV and the case creation date changed right before it was issued.

Not sure if that helps any. I would definitely wait to do anything until it's in her hands and the packet is pristine. :P




d3adc0d3Not TellingArgentina2014-08-27 13:45:00
Waivers (I-601 and I-212) and Administrative Processes (221g)DCP criminal record, ap for 5 months

The US Citizen has to request this, it is not public information. It is only released to the "owner" of the criminal record, or businesses which have gotten clearance to acquire one.


d3adc0d3Not TellingArgentina2014-08-27 13:03:00
Waivers (I-601 and I-212) and Administrative Processes (221g)DCP criminal record, ap for 5 months

Could mean Delaware County Prison.

Child Protective Services (CPS) / Department of Children and Families (DCF) / Department of Children Protective Services (DCPS) would still be considered a criminal offense, and that is very much a reason for a denial. However USCIS should've caught this prior to the embassy stage. The only way to know what part of his criminal record they're referring to is to get the criminal record. It may have been something which was cleared later, is very recent, or was done years ago, which should've "fallen off" his criminal record.

If it's a violent offense, an offense against a child, fraud, theft, or otherwise displays that your fiance has a history and reoccurring past of violence, abuse, or crime -- they will likely hold fast to their denial.



 

You can have your fiance request his criminal record here:
http://www.psp.pa.go...ory-Record.aspx

 

You may also be able to do a search for his name and/or date of birth on the state judicial website. You MAY be able to look up any prior convictions and cases which were brought to trial. This varies from State to State, and every state I've lived in allows this, but I cannot speak for Pennsylvania.

Good Luck.


Edited by d3adc0d3, 27 August 2014 - 12:25 PM.

d3adc0d3Not TellingArgentina2014-08-27 12:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)DCP criminal record, ap for 5 months

Is it the US Citizen (USC) or the Beneficiary who has the record? That makes a huge difference on what DCP means, also if it is the USC, what state are they in?


Edited by d3adc0d3, 27 August 2014 - 11:35 AM.

d3adc0d3Not TellingArgentina2014-08-27 11:34:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Section 221(g) Complete Admin Process (cases sent back to USCIS)

Technically, if they actually process it for a K1, it WOULD be the process, but that almost never happens, anymore. :P


d3adc0d3Not TellingArgentina2014-08-29 17:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Section 221(g) Complete Admin Process (cases sent back to USCIS)

 

K1's at CSC have not been reaffirmed for several years but are PURPOSELY allowed to expire. Period.
Vermont used to reaffirm very, very sparingly.

What you described is for spousal visas, not K1's.
 



 

I never specified it was for a K1. Just posted the process.


Edited by d3adc0d3, 29 August 2014 - 07:18 AM.

d3adc0d3Not TellingArgentina2014-08-29 07:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Section 221(g) Complete Admin Process (cases sent back to USCIS)

If they don't just let the petition expire. That can happen as well. However you can request for the petition to be extended officially.


d3adc0d3Not TellingArgentina2014-08-27 12:34:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Section 221(g) Complete Admin Process (cases sent back to USCIS)

221(g):

The document issued by the Department of State under Section 221(g) of the Immigration and Nationality Act (INA) is for the most part used for requesting additional information from the beneficiary such as missing documents, additional evidence, or advising them of not being able to issue their visa due to pending name/security checks i.e. Administrative Processing However, Section 221(g) is also used by the Department of State when returning petitions/applications to the USCIS for further review ultimately recommending revocation. 

Why are Petitions/Applications Returned to the USCIS by an Embassy/Consulate Under Section 221(g)?

Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate? 

  1. 221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States. 
  2. Petition is returned to the United States by the interviewing consulate for "further review" 
  3. Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management. 
  4. Returned petition is sent to the local USCIS service center where the petition was originally filed and approved. 
  5. Local service center receives returned petition. 
  6. Local service center who processed the original petition sends a notice of receipt to the petitioner. 
  7. Local service center reviews the returned petition and consular officer notes on the case. 
  8. Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut. 
  9. Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter. 
  10. Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied. 
  11. If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such. 
  12. If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation. 
  13. Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa. 
  14. Consulate notifies the beneficiary of a new interview date. 
  15. Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.

d3adc0d3Not TellingArgentina2014-08-27 11:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I think we are going to need some help here!!!!

A lawyer should request no more than 5k for a retainer, and anything that goes over that can be worked out in payments, whomever you spoke with is either trying to pull you through the ringer, or is speaking about another currency (perhaps Yen), and was unclear, or confused the currencies when speaking with you.

Information is your best weapon when up against a potential immigration issue. When there's a criminal record, even if it's been expunged, the US Government will see it and weigh it against the potential of that person committing those crimes again in the US. If there was a mass arrest regarding these people, and the government then issued a mass clearance, and this was indeed a well documented political move, you have a good chance in the US Government ignoring it, as the charges were bogus and obviously the people in question were not criminals. But do not rely on what your fiancee tells you and get the facts.

As for the police record, I would get as much information about the charges, whether her record has been expunged in her country, and what the political issues regarding it were. Once you have that information, Google for other immigration cases who had any of those charges previously as well. That will let you know if there's been any successes, and what roadblocks they had to go through. This will prepare you to better understand what you're up against. This preparation will also help you explain your case to a lawyer and the more you know about the process, political issues, and roadblocks the less likely they'll attempt to take advantage of your ignorance and jack up the cost.

When you're looking to hire a lawyer, I would recommend finding one in the USA, and I would also recommend that you don't focus on one that speaks Chinese. You can "white book" the translations with a translation service, again Google will be your friend. A good translation service should be willing to translate your documents for you and provide a seal of certification, I've seen prices between $25-100 per page (depending on the language, dialect and service). Having a 3rd party translate them is essential, otherwise the USCIS may not consider the documents as they could be "tampered with".






Edited by d3adc0d3, 03 September 2014 - 11:10 AM.

d3adc0d3Not TellingArgentina2014-09-03 11:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Simple question

You can hire a lawyer whenever you want, they cannot tell you when you're allowed to hire someone or not.


d3adc0d3Not TellingArgentina2014-09-03 10:54:00
Waivers (I-601 and I-212) and Administrative Processes (221g)deported with a lifetime ban on reentry

Regardless of his criminal history; people have been wrongly convicted in the past, and with how "hungry" our legal system is to put drug-related criminal behind bars, I always raise an eyebrow at a quick conviction. This will require a large investment of both time and money. Your sister-in-law and her children would likely be better off moving to India where he is than to wait for a waiver. Even if you're successful I don't expect it to last less than half a decade. You would have to prove your brother's innocence, expunge or seal his record, provide documents proving that his record was expunged or sealed, then apply for the waiver and the visa for him to return to the US, which would be a CR1/IR1. All of which is a process taking several years each.

 

Lawyer fees would likely be another 50k, 70k if you get a really good one... and you still have your sister-in-law and her children without him.

 

If you're determined in pursuing this, I'd advise her and the children to move to India to be with him, while you process the criminal aspect so she's not alone, and for her to return to the US once you're ready to file for a waiver, if she even wants to.


d3adc0d3Not TellingArgentina2014-10-17 14:33:00
K-3 Spouse Visa Process & ProceduresNeed Help Please - Got Approved on I-130 for Alien Relative and I-129F Petition for Fiancé

No children, only trying to bring in my wife, we got married in bangkok in march.

 

then she no longer qualifies for the I-129F, she only qualifies for the I-130.

 

You will need to cancel the I-129F and move forward on the I-130. If you attempt to bring her here on the I-129F you'll be denied as you're already married.


d3adc0d3Not TellingArgentina2014-09-23 14:16:00
K-3 Spouse Visa Process & ProceduresNeed Help Please - Got Approved on I-130 for Alien Relative and I-129F Petition for Fiancé

@A & B WHICH EVER COMES FIRST AND EASIER FOR HER TO GET AND COME TO THE STATES.

 

You cannot qualify for a K1 if you're married. 

Do you have children which you're trying to immigrate to the US?


d3adc0d3Not TellingArgentina2014-09-23 13:56:00
K-3 Spouse Visa Process & ProceduresNeed Help Please - Got Approved on I-130 for Alien Relative and I-129F Petition for Fiancé

Cancel the I-129F petition, she no longer qualifies for it.

 

Congrats on the I-130 Approval, and good luck.

 

Do a search on how to cancel an I-129F petition, and all should be well. It happens infrequently, but it's not unheard of. No need to panic.


Edited by d3adc0d3, 23 September 2014 - 01:21 PM.

d3adc0d3Not TellingArgentina2014-09-23 13:20:00
K-3 Spouse Visa Process & ProceduresFamily Name and Adjustment of Status
QUOTE (tutterrow @ Sep 5 2007, 11:49 AM) <{POST_SNAPBACK}>
1. She has already taken my last name and had her name changed in Thailand, both on her passport and in the local office. When we are filling out biographical information, I assume the US agencies will refer to her passport as her ID, thus we should use my last name as the family name. Is this correct?


We've actually made a point NOT to do any name changes because of it adding a layer of these kinds of questions.

I wonder though if, when the time comes, they'll be more skeptical because my wife hasn't changed names.... anyway

good luck.
HOHOHOMaleIndonesia2007-09-06 10:17:00
K-3 Spouse Visa Process & Proceduresthis is retarded!!!
QUOTE (Erika @ Sep 13 2007, 12:27 PM) <{POST_SNAPBACK}>
QUOTE (HOHOHO @ Sep 13 2007, 10:42 AM) <{POST_SNAPBACK}>
QUOTE (edp333 @ Sep 12 2007, 08:49 PM) <{POST_SNAPBACK}>
For informational purposes USCIS is self-funded. If this was Walmart we could choose to shop elsewhere, but since the USCIS is the only legal place to get a visa for our loved ones we must follow there timeline.

Maybe if you take the time to read this thread you may understand the process better:

http://www.visajourn...showtopic=55762

For those that projecting is the only way to deal with frustation and impatience, please project away. For others it may be a good time to read about atitude learning theory where learners are asked to change a pre-existing behavior or form a new behavior.



Why is everyone so complacent to accept terrible inefficient and near worthess performance?

I don't get it.


I don't want to accept it. I'm sure nobody wants to. But what can we do? wacko.gif If there was something someone suggested I could have done to shave a few months off the wait, I surely would have done it.


I'm thinking, like most REAL jobs, that terrible performance be rewarded with a pink slip.

If I'm going to suffer for a few years or more, some heads should roll. The managers of this mismanaged joke need to get canned, and probably caned.

This is a complete joke and insult to the 1/2 of us that are US citizens already.
HOHOHOMaleIndonesia2007-09-13 13:31:00
K-3 Spouse Visa Process & Proceduresthis is retarded!!!
QUOTE (edp333 @ Sep 12 2007, 08:49 PM) <{POST_SNAPBACK}>
For informational purposes USCIS is self-funded. If this was Walmart we could choose to shop elsewhere, but since the USCIS is the only legal place to get a visa for our loved ones we must follow there timeline.

Maybe if you take the time to read this thread you may understand the process better:

http://www.visajourn...showtopic=55762

For those that projecting is the only way to deal with frustation and impatience, please project away. For others it may be a good time to read about atitude learning theory where learners are asked to change a pre-existing behavior or form a new behavior.



Why is everyone so complacent to accept terrible inefficient and near worthess performance?

I don't get it.
HOHOHOMaleIndonesia2007-09-13 10:42:00
K-3 Spouse Visa Process & Proceduresthis is retarded!!!
QUOTE (gogo @ Sep 12 2007, 02:42 PM) <{POST_SNAPBACK}>
mad.gif mad.gif mad.gif is CSC trying to be slow on purpose? now the average time to get approved is 160 days for I-130 and 128 days for I-129F.. oh... I-129F is so much faster... I can't believe they won't hire volunteers to help with this... even student clubs can help with the entry and get some donation... are they just having a contest at CSC to see who has the biggest pile on their desk? Even I can do it much faster.. after all, it's just some data entry (didn't have to be data entry if they had a better system... like do it online)... I bet when they go "online", it will be much slower... because then they have to go find your records (instead of you sending it in)...yeah, what a great plan mad.gif



Who are the assclowns in charge over there?

Some people should be fired. These are public servants, not friggin royalty. And they suck at doing even the most basic of jobs, data entry.
HOHOHOMaleIndonesia2007-09-12 13:47:00
K-3 Spouse Visa Process & ProceduresDelays, Delays, Delays!!!
QUOTE (odeoaldorf @ Oct 2 2007, 01:17 PM) <{POST_SNAPBACK}>
Receipt Delays

U.S. Citizenship and Immigration Services (USCIS) advises customers that, due to a tremendous increase in the number of applications filed, processing of fee payments and entry of cases into our tracking system is behind schedule. As a result, applicants can expect notices of receipt to be delayed. USCIS is working hard to deal with the increased volume and has published the following frequently asked questions in order to provide additional information to applicants.


What is the cause of the receipt delay?
How does a receipt delay affect my case?
Is this why I haven't received my receipt notice?
Is USCIS prioritizing certain application(s) during the receipting process?
What will USCIS do to ensure employment authorization documents are processed within 90 days?
How is USCIS planning to address this receipting delay?
If I filed before the new fee change and my application is rejected, do I need to pay the new higher fee?
How do I find out if my application is a part of the receipting delay?
Will this affect my ability to travel?


http://www.uscis.gov...0004718190aRCRD


what a big steaming pile of wortheless doublespeak

the only information that IS there is that all stuff is hopelessly delayed.
They answer none of the other questions with anymore than blah blah blah, can't really tell you for sure.

what a worthless piece of crapjoke.
HOHOHOMaleIndonesia2007-10-11 12:50:00
K-3 Spouse Visa Process & ProceduresK3 fee (Super easy, important question)
QUOTE (dagobert2 @ Aug 30 2007, 04:14 PM) <{POST_SNAPBACK}>
QUOTE (HOHOHO @ Aug 30 2007, 11:04 AM) <{POST_SNAPBACK}>
Thanks for the stern warning against the AOS garbage.

I'm sort of ruling that line out, but NOT ruling out K3, with return trip to get CR-1.
Is there a strong argument against it? Of course you have to pay for a trip, but the wife gets a visit home. (besides delay of getting SSN)...


QUOTE (beckypua @ Aug 29 2007, 04:34 PM) <{POST_SNAPBACK}>
If less than 2 years still a "little wacko" doing a K3 instead of CR-1 the way things are now.
Different when I did the K3 as CRs took a LOT longer to process at that time.
I still wish we'd waited and just did a CR-1 instead of the K3.
We went thru hell adjusting status plus cost us a LOT more money.



I would just add that the CR-1 route isn't free just because you have an approved I-130. So to be fair (from a purely financial perspective) you have to compare the $1,010 to the cost of consular processing a CR-1 after K-3. My estimate is as follows: An I-824 to move the pended I-130 to NVC costs $340. You will receive additional bills from the Department of State for $335 for DS-230, Immigrant visa security surcharge $45, and I-864 (domestically processed affidavit of support) $70. That totals $790 PLUS the ticket back to Indonesia for the embassy interview. My guess is that trip will exceed $220, thus the AOS is the less expensive of the two options. Of course, following the I-130 all the way through with no K3 is the least expensive of all the options. So in the end, you have to ask yourself what do you believe the timeline difference to be relative to your separation and what is that worth to your family. Then factor in the bereaucratic hassles involved with each of the options and voila, you have yourself a decision. Sounds so simple laughing.gif no0pb.gif


ok, outside the money issues, and assuming a K3 routh, is consulular file LESS buracratically hassling than AOR here in usa?

When I think about waiting for the CR-1, even with less hassles, I will wind up making a visit trip to indonesia anyway (flights are around 1,000 to 1,300). But then I end up spending only a week with the wife vs. K3.

Now I'm completely undecided. Of course I'll discuss with the other half...undoubtlely it'll be a difficult decison for her with her frugality VS her desire to be with me fighting it out.

I just want to make a decision before my 130 receipt arrives and then stick with and ride out the decision understanding the general flow and super fuzzy long timeline.
wacko.gif

Edited by HOHOHO, 30 August 2007 - 03:45 PM.

HOHOHOMaleIndonesia2007-08-30 15:45:00
K-3 Spouse Visa Process & ProceduresK3 fee (Super easy, important question)
Thanks for the stern warning against the AOS garbage.

I'm sort of ruling that line out, but NOT ruling out K3, with return trip to get CR-1.
Is there a strong argument against it? Of course you have to pay for a trip, but the wife gets a visit home. (besides delay of getting SSN)...


QUOTE (beckypua @ Aug 29 2007, 04:34 PM) <{POST_SNAPBACK}>
If less than 2 years still a "little wacko" doing a K3 instead of CR-1 the way things are now.
Different when I did the K3 as CRs took a LOT longer to process at that time.
I still wish we'd waited and just did a CR-1 instead of the K3.
We went thru hell adjusting status plus cost us a LOT more money.

HOHOHOMaleIndonesia2007-08-30 11:04:00
K-3 Spouse Visa Process & ProceduresK3 fee (Super easy, important question)
If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident.

ok this is slowly sinking in....

I don't think this is so bad. SO instead of spending a grand on AOS bs, I could spend the same grand (or so) on a plane ticket so my wife can have a little visit with her family AND get the IR-1 visa.

again, I need to find out details of my insurance coverage... IF they do cover with alien # and not require SSN, K3 + return to indonesia for IR-1 I think would be best for my case. IF not, then maybe waiting it out is the best.

I'd rather spend a 1000 and GET something, then just AOS fees for BS paperwork nonsense.




QUOTE (HOHOHO @ Aug 29 2007, 03:24 PM) <{POST_SNAPBACK}>
that is a little pricey...

I will have to think about whether getting K3 makes a much bigger mess in the long run.
What a big racket.


QUOTE (Urge To Race @ Aug 29 2007, 02:14 PM) <{POST_SNAPBACK}>
AOS fee is $1010

QUOTE (HOHOHO @ Aug 29 2007, 02:03 PM) <{POST_SNAPBACK}>
QUOTE (beckypua @ Aug 29 2007, 01:48 PM) <{POST_SNAPBACK}>
K3 is a muliple entry visa and beneficiary can come and go as she pleases for 2 years.

They must file to adjust status in that time. Costly now and adjusting status can be a BIG pain in the butte.

No SSN for a K3 without the GC. Means sometimes no medical, drivers license and etc.

Much better, cheaper and easier by a long ways to go for the CR-1 solo.
K3s when adjusting status, tho rare, can be denied also.



hmmm... costly meaning what? 500 $? 1500$? 5,000??



HOHOHOMaleIndonesia2007-08-29 14:53:00
K-3 Spouse Visa Process & ProceduresK3 fee (Super easy, important question)
that is a little pricey...

I will have to think about whether getting K3 makes a much bigger mess in the long run.
What a big racket.


QUOTE (Urge To Race @ Aug 29 2007, 02:14 PM) <{POST_SNAPBACK}>
AOS fee is $1010

QUOTE (HOHOHO @ Aug 29 2007, 02:03 PM) <{POST_SNAPBACK}>
QUOTE (beckypua @ Aug 29 2007, 01:48 PM) <{POST_SNAPBACK}>
K3 is a muliple entry visa and beneficiary can come and go as she pleases for 2 years.

They must file to adjust status in that time. Costly now and adjusting status can be a BIG pain in the butte.

No SSN for a K3 without the GC. Means sometimes no medical, drivers license and etc.

Much better, cheaper and easier by a long ways to go for the CR-1 solo.
K3s when adjusting status, tho rare, can be denied also.



hmmm... costly meaning what? 500 $? 1500$? 5,000??


HOHOHOMaleIndonesia2007-08-29 14:24:00
K-3 Spouse Visa Process & ProceduresK3 fee (Super easy, important question)
wow this thread title (SUPER EASY) exploded in my face like a joke cigar. wacko.gif
HOHOHOMaleIndonesia2007-08-29 13:11:00
K-3 Spouse Visa Process & ProceduresK3 fee (Super easy, important question)
QUOTE (beckypua @ Aug 29 2007, 01:48 PM) <{POST_SNAPBACK}>
K3 is a muliple entry visa and beneficiary can come and go as she pleases for 2 years.

They must file to adjust status in that time. Costly now and adjusting status can be a BIG pain in the butte.

No SSN for a K3 without the GC. Means sometimes no medical, drivers license and etc.

Much better, cheaper and easier by a long ways to go for the CR-1 solo.
K3s when adjusting status, tho rare, can be denied also.



hmmm... costly meaning what? 500 $? 1500$? 5,000??
HOHOHOMaleIndonesia2007-08-29 13:03:00
K-3 Spouse Visa Process & ProceduresK3 fee (Super easy, important question)
I think you are on the verge of clearing up a lot of confusion on MY part and maybe many others. I thought of the I-130 as both Visa/green card together, but you've cleared up they are completely separate things.

So... lf I'm reading your post correctly, the filing of the I-130, IF you do not take K3 action results in BOTH CR-1 (which is a visa to enter), and a green card/permanent resident card.

IF you go K3, even though 1-130 is filed, you DO negate both CR-1 (which you don't need since you have a k3 visa), AND negates process of getting a permanent resident/green card (?? correct).

In summation then the K3 requires you to start over for applying for the permanent resident card, but with your loved one here.

If I am also understanding, K3 severly limits her right to travel, right? If a family member dies, it's F' you too damn bad. (?)

QUOTE (Urge To Race @ Aug 29 2007, 12:54 PM) <{POST_SNAPBACK}>
A CR-1 is a visa which, like any other visa, you use to enter the US. If you enter on a K3 visa and are already here, you don't need a CR-1 visa to enter the US. A CR-1 results in a green card with conditions that must be lifted around the 2 year mark, and IR-1 (which you get if you have been married more than 2 years) results in a 10 year green card. You get a CR-1 if you have been married less than 2 years.

A green card is proof of permanent residency, a visa (K3, CR-1, IR-1 or other types) are used to enter the country. You get the CR-1 visa at the consulate/embassy. You get the conditional green card (form I-551, which is actually called an Alien Registration Receipt Card) in the mail in the US after entering on the CR-1 visa.

You can also get a Green Card (I-551) after going through AOS if you entered on a K3. Going through AOS does not get you a CR-1, it gets you a green card (with conditions if married less than 2 years).

QUOTE (dagobert2 @ Aug 29 2007, 12:37 PM) <{POST_SNAPBACK}>
QUOTE (Urge To Race @ Aug 29 2007, 09:55 AM) <{POST_SNAPBACK}>
Two different options. If you get a K3 visa and adjust status once your spouse is stateside results in a Green Card (spouse is already here and does not need a CR-1 visa).

There is another option, if you want to pursue a CR-1 visa even after bringing your spouse on a K3, then the spouse has to return to the home country for an interview and must re-enter the US. You also have to file an I824 to get the I130 moving again for consular processing.

Now I am a bit confused...I understood CR-1 to be a visa type which means "Permanent Resident with Conditions" - the Green Card issued to a foreign spouse married for less than 3 years. Your response seems to make an exclusive distinction between a CR-1 and a green card and I don't believe that is the case. The Green Card is a form of documentation. Everyone who is not a citizen still needs a visa regardless. Permanent Resident visas come in multiple forms of which "with Conditions" is one. Is there disagreement on this?


Edited by HOHOHO, 29 August 2007 - 12:26 PM.

HOHOHOMaleIndonesia2007-08-29 12:24:00
K-3 Spouse Visa Process & ProceduresK3 fee (Super easy, important question)
QUOTE (dagobert2 @ Aug 29 2007, 10:47 AM) <{POST_SNAPBACK}>
No fee for filing the I-129F for K-3 on top of a previously filed I-130 Immigrant Petition for the same beneficiary per the new fee schedule (that is a change). Expect to shave on average about 3 months off the timeline for CR-1 by going for a K-3. Note that this means 3 months off the separation time. It adds an average 4 to 6 months time on obtaining the CR-1 (through the adjustment of status process once your spous in stateside). These are averages and the variables are many - consulate, processing center, NVC caseloads, individual circumstances vs. documentation requirements, etc. and most of all random luck if one believes in such things. You can derive some pretty specific averages based on your circumstances using the data on in the timelines section of this site. There is some difference in the total fees (k-3 with AOS being a little higher) depending on your choice as well. Money aside, it is generally a question of priorities based on your specific circumstances. For example, things like obtaining work authorization and SSN are dependent on CR-1 status so if they are priorities for you and your spouse that may take precedence over limiting family separation time.

Settling in for the long haul is a good strategy either way you go. I do recommend you sketch out an anticipated timeline of events along the way however, since things do go awry in this process and sometimes require your intervention to straighten them out. That aside, stress limiting strategies are key to making the most of your time apart. Good luck on your journey!


Thanks for the very helpful responses.

In our case, she doesn't plan to work for at least a year while she improves her english and takes some courses (she's fluent BUT for her profession probably needs a little polish) and adapts in general to life here. So it sounds like an approved K3 delays the CR-1 (good to know, but in our case I think it's ok).

However the issue about SSN raises a new issue... I wonder if SSN is required to add her to my health coverage? I'll have to look into that issue...since that's important. My health cover covers spouse, but not sure if they can cover without it. I'm sure someone has some experience with that issue.
HOHOHOMaleIndonesia2007-08-29 10:40:00
K-3 Spouse Visa Process & ProceduresK3 fee (Super easy, important question)
QUOTE (MargotDarko @ Aug 29 2007, 10:13 AM) <{POST_SNAPBACK}>
If you filed the I-130 before the fee increase and you're already expecting a long 13 months, I would personally advise against filing the I-129f at all. You're better off carrying on with the I-130 and getting an immigrant visa for your spouse.


I don't REALLY want to wait that long! (just don't want to set ourselves up for endless dissapointments for delays).

Anyway to me an extra couple hundred dollars to try the K3 which COULD get here here sooner is worth a try.

My understanding is that if the K3 does go through before the permanent resident visa, that the 130 process isn't negated, that it only means she is free to move here and wait for the green card. (her working immediately is non issue).

I am understanding that correct?

Getting the K3 process going doesn't negate the application for immigrant visa right?

considering trips to Indonesia cost about double the cost of K3 application, the extra money isn't a deterant to giving it a shot.

Our situation is pretty clean... neither prior marriages, no divorces, no children, no prior visa issues, etc. I'm hoping that keeps banana peels to slip on during the process to a minimum.

Edited by HOHOHO, 29 August 2007 - 09:40 AM.

HOHOHOMaleIndonesia2007-08-29 09:38:00
K-3 Spouse Visa Process & ProceduresK3 fee (Super easy, important question)
I am going to piggyback file for I-129F ( K3 for spouse), since I've already filed I-130.

While it mentions the fee (and I'm aware to check for current fees from the site since most have gone up), there is some confusing bit of language regarding some exception to paying K3 fee.

I assume I WILL have to pay when filing the K3 as well correct?

the I-130 fee I assume is completely separate.

Thanks for confirming. I'd expect the greedy lazy administrators would keep any nickle you sent you didn't have to, so I'm just looking for confirmation.

new to the forum.... but have read for a while sifting and sorting to get an idea of plan of action (where to marry) and now finally that that's done what visas to apply for. This forum is useful.

I've decided to EXPECT the process to take about 13 months. Hope that makes painful separtation easier and if a visa gets done earlier, they horray (as opposed to expecting progress in 6 months and living in frustration for the rest of the time).
HOHOHOMaleIndonesia2007-08-29 08:49:00
K-3 Spouse Visa Process & ProceduresRemarriage in USA
QUOTE (YuAndDan @ Dec 3 2007, 02:24 PM) <{POST_SNAPBACK}>
Why? The US Government recognizes marriage abroad.

The translation of foreign marriage cert does not need to be a certified one, it can be a literal translation don by someone fluent in both languages, and they "Certify" it by stating that they are fluent in both language and that it is a true and accurate translation, sign and date.



I'm still dreading the possibility that my marriage certificate which has both english and indonesian side by side right on it won't even be looked at and the flunkies will say HAY MAN NEED TRANSLATION. That's assuming someone ever gets to the point of looking at it.

ps.. I'm in buffalo also
HOHOHOMaleIndonesia2007-12-03 15:26:00
K-3 Spouse Visa Process & ProceduresFiled I-130 form to VSC on August 9, 07 and no receipt yet :(
QUOTE (dodson01 @ Dec 11 2007, 08:20 PM) <{POST_SNAPBACK}>
I am the original inventor of sending the I-129f without the receipt notice from the I-130. It has worked for about 5-6 people now after I told them the instructions on how to do it.

First and foremost, this will ONLY work if you send your I-130 directly to Vermont or California. If your original I-130 was received by Nebraska or Texas and they had to transfer it, this WILL not work. Someone from the website tried it and they had their I-129f returned.

This is because if there was a transfer involved, they cannot guarantee that they have your I-130.

My original I-130 was mailed on August 14 to Vermont. On September 18, I mailed my I-129f to Vermont. They accepted it and I was sent my NOA1 within 2 days. My receipt basically told them that Vermont was my service center for both applications with no transfer.



do you think the chicago lockbox nonsense changes that (since my I-130 was sent to VSC)?

you have me interested again.... again, I don't have a copy of the check I sent. But I do know the exact check number of course.

I've had the I-129 ready to send in since early september... the wife wasted $$ on rush postage thinking I'd need it soon... coulda sent in on a boat tugged around the world by an army of snails.
HOHOHOMaleIndonesia2007-12-13 13:47:00
K-3 Spouse Visa Process & ProceduresFiled I-130 form to VSC on August 9, 07 and no receipt yet :(
QUOTE (TominWV @ Dec 11 2007, 10:13 AM) <{POST_SNAPBACK}>
QUOTE (HOHOHO @ Dec 7 2007, 04:17 PM) <{POST_SNAPBACK}>
QUOTE (SusieK @ Dec 6 2007, 08:33 AM) <{POST_SNAPBACK}>
QUOTE (alto.d. @ Dec 6 2007, 08:24 AM) <{POST_SNAPBACK}>
To C and J.. Thanks for the info first of all..
But they didn't even started processing the I-130 yet, it is just sitting on the shelf. What could be the risk sending the I-129F now???


Alto-

There are many of us that sent both applications together and some of us have lawyers and it is becoming a standard practice. AS LONG AS U HAVE RECEIPT OF DELIVERY there should be no problem.

I am still dumbfounded that they sent it back, and more even dumbounded that they had the time to find it.

Hang on hun

Cheers

Susie



I'm thinking of firing off my I129, as it has been together and waiting for 4 months for a reciept.
I have the certified mail from the post office receipt and a printout verifying it as recieve on the date form St. Albans Vermonth (VSC). What the hell, can't hurt right? I wish I'd have fired this off sooner.

everything sucks SO ficking bad. Like being on a life prison sentence with no idea of if parole comes up in 1 2, 10 or 20 years. All so unfair to my wife.



Hello,

HOHOHO mentioned sending in with the I129 the post office receipt and a printout verifying it as recieved on the date form St. Albans, Vermont (VSC). What exactly is this printout? How can I get one? I have the regular receipt from the post office but am unsure about the second item.

Also, is there any final word about sending in the I129 prior to getting a NOA1? Is this working?

Thanks!


all I meant by printout, was taking the certified mail number, typing it into the USPS website and it comes up as "recieved st. albans on...." and printing that out, and attatching copy of the certified mail slip. I've no idea if that's acceptable or not.

I haven't ended up firing it off yet though..I'm a little gunshy because I lack one thing she mentioned, a COPY of my check I sent with the I-130.

I now have read this site since and realize I should have photocopied EVERYTHING I mailed, but I didn't and certainly never thought of needed a copy of the check since the cashed check in theory would be the copy... of course it's never been cashed 4 months later.

Edited by HOHOHO, 11 December 2007 - 04:24 PM.

HOHOHOMaleIndonesia2007-12-11 16:23:00
K-3 Spouse Visa Process & ProceduresFiled I-130 form to VSC on August 9, 07 and no receipt yet :(
QUOTE (SusieK @ Dec 6 2007, 08:33 AM) <{POST_SNAPBACK}>
QUOTE (alto.d. @ Dec 6 2007, 08:24 AM) <{POST_SNAPBACK}>
To C and J.. Thanks for the info first of all..
But they didn't even started processing the I-130 yet, it is just sitting on the shelf. What could be the risk sending the I-129F now???


Alto-

There are many of us that sent both applications together and some of us have lawyers and it is becoming a standard practice. AS LONG AS U HAVE RECEIPT OF DELIVERY there should be no problem.

I am still dumbfounded that they sent it back, and more even dumbounded that they had the time to find it.

Hang on hun

Cheers

Susie


I'm thinking of firing off my I129, as it has been together and waiting for 4 months for a reciept.
I have the certified mail from the post office receipt and a printout verifying it as recieve on the date form St. Albans Vermonth (VSC). What the hell, can't hurt right? I wish I'd have fired this off sooner.

everything sucks SO ficking bad. Like being on a life prison sentence with no idea of if parole comes up in 1 2, 10 or 20 years. All so unfair to my wife.
HOHOHOMaleIndonesia2007-12-07 16:17:00
K-3 Spouse Visa Process & ProceduresWhat does the Dates on the USCIS mean
QUOTE (Tomthetexan @ Jun 11 2008, 02:13 AM) <{POST_SNAPBACK}>
Hello,

On the USCIS website under the processing time in The Vermont Service Center it shows for K3/K4 Visa November 17 2007. so can anyone tell me does that mean thats the date they have finished working on ? or working on? or what can anyone tell me.

Thanks,

Tom



they are totally worthless and meaningless...

as are the estimates from this website

immigration is CLOSED with a capital C
HOHOHOMaleIndonesia2008-06-12 12:29:00
National Visa Center (Dept of State)AOS package..question about tax

Oh, okay... Thank you for your answers!!

Just noticed we did AOS at the same office in a Buffalo! :)
jerniMaleUnited Kingdom2014-02-03 21:58:00
National Visa Center (Dept of State)AOS package..question about tax

Thank you for the link. I do not pass the substantial presence test, since I was an exempt individual (F-1 student) before getting green card, and I didn't have 183 days after getting green card in 2013, since I became a permanent resident on August 6th.. So does that mean I have to attach a statement to file tax jointly with my husband? How are you and your spouse filing tax?

Yes, I think that means you'll have to http://www.irs.gov/I...d-as-a-Resident and submit the declaration sad.png

We filed married jointly this year because I passed the substantial presence test.


jerniMaleUnited Kingdom2014-02-03 18:40:00
National Visa Center (Dept of State)AOS package..question about tax

No problem. If you're sending the 2013 tax return, you don't have to send 2012. USCIS requires the latest tax return only, so you're good.
I have a question for you, too... I posted this on Visa Journey, but I haven't got a reply yet, so I was wondering if you could.. Did you and your husband file tax as "married filing jointly"? My husband and I have been married for 2 years, but I was an international student until last August, so this is our first time filing tax together, and we are very confused. IRS says that if I was a non-resident alien and a resident alien in the same year, I have to declare that my husband and I choose ourselves to be treated as resident aliens for the entire 2013 in order to file jointly. But my husband is a US citizen, so I don't understand why he has to be treated as a resident alien. Putting that aside, I am wondering if I really have to attach a statement for the declaration, because that means we have to file tax by mail, so that we can attach a statement. But I want to file electronically if that's possible, because it's easier. Did you and your husband ever go through this? Did you write a statement and send it with tax form by mail? When I was a non-resident alien, I was working in the USA, and I had no income from outside the USA, so I don't even see the point in telling the IRS that I was a non-resident alien and a resident alien last year and that I want to be treated as a resident alien for the entire year, because if I just file jointly with my husband electronically, I would be treated the same way anyway, wouldn't I?? Sorry if this is too confusing... the thing I'm referring to is found in this link: http://www.irs.gov/p...blink1000222177 "Choosing resident alien status" is the section that applies to me. Thanks!

Have a read over http://www.irs.gov/I...l-Presence-Test
jerniMaleUnited Kingdom2014-02-03 18:24:00