ForumTitleContentMemberSexCountryDate/Time
K-3 Spouse Visa Process & ProceduresNeed Help again!!!
Were you born in America? If you were you would not have an NA# but you would have citizenship. Please clarify.
RingsFemaleAustralia2009-09-09 23:46:00
K-3 Spouse Visa Process & ProceduresK3
K3 was not a bad visa in my time when getting him here as soon as possible to avoid a fee of over $1000.00 on the Adjustment of Status, but for most people it does not make sense to do the K3. If you want to be able to come into America and be able to work right away and not have to go through the AOS process and pay for the additional petitions, then the CR1 is the best way to go. So it really depends on circumstances in each case. For me it was a good thing, for you it may not be good.
RingsFemaleAustralia2009-09-16 14:58:00
K-3 Spouse Visa Process & ProceduresK3
QUOTE (pushbrk @ Sep 16 2009, 08:27 AM) <{POST_SNAPBACK}>
QUOTE (Rings @ Sep 16 2009, 06:24 AM) <{POST_SNAPBACK}>
I went K3 to have my husband faster because cost didn't matter to us. I think if you want to save money you should not file K3 and wait for your I-130 to be approved and come into the states on the CR1


Things were different when you filed your petition. In early 2007, the petitions were adjudicated together but only the I-129F was forwarded to NVC. The I-130 was held for AOS. It's important to base decisions on current information and practices. I brought my wife and step-daughter on K3 and K4 visas as well, then avoided removal of conditions. That was a year earlier, and a generation of procedures and fee increases ahead of you. Things have changed. In early 2009, we filed my sister in-law's I-130 and she obtained her CR1 visa in 6.5 months. My wife's K3 was fast for 2006 but took 9 months.



I see things changed on K3 since we filed, but I think the CR1 is better either way because adjusting status sucks. We pushed our K3 to avoid paying the fee increases and we were pretty successful so I was glad with how ours worked out. Good to know the updated information. Thanks!
RingsFemaleAustralia2009-09-16 13:04:00
K-3 Spouse Visa Process & ProceduresK3
I went K3 to have my husband faster because cost didn't matter to us. I think if you want to save money you should not file K3 and wait for your I-130 to be approved and come into the states on the CR1
RingsFemaleAustralia2009-09-16 08:24:00
K-3 Spouse Visa Process & ProceduresDont know which one to choose!!! Any Advice
CR1
RingsFemaleAustralia2009-09-18 15:23:00
K-3 Spouse Visa Process & ProceduresK3/K4
If I only knew then what I know now lol
RingsFemaleAustralia2009-10-01 22:59:00
K-3 Spouse Visa Process & ProceduresK3/K4
QUOTE (pushbrk @ Oct 1 2009, 09:37 PM) <{POST_SNAPBACK}>
QUOTE (canadian_wife @ Oct 1 2009, 07:10 PM) <{POST_SNAPBACK}>
Generally I would agree with the above poster but since only 1 petition was filed and the OP is asking about K-3 and a K-4 then I would suggest filing the I-129F for the wife and the derivative for the child. You would file the I-129F for your wife and include the NOA for the I-130

Good luck.


The alternative is to file an I-130 for the child. That would be my recommendation. Why compound the extra expense by paying for two immigrants to adjust status.



BINGO! Take it from someone who paid way too much for the K3 - I did the K3.... I paid too much. Stick with the CR1 and save yourself the hassle and the money. I would not offer the advice if I did not go through it myself.

File I-130 for the child and the wife and wait for it to be approved.

Edited by Rings, 01 October 2009 - 10:52 PM.

RingsFemaleAustralia2009-10-01 22:54:00
K-3 Spouse Visa Process & ProceduresK3/K4
You should not really need to file K3 because it is not as effective today as it used to be. If you filed the I-130, wait for it to be approved. It is a better way to enter because she will already be approved to work and she will not have to adjust status when she arrives here. The k3 used to be a good route, but honestly it costs more and it takes just about the same amount of time these days.

Edited by Rings, 01 October 2009 - 08:51 PM.

RingsFemaleAustralia2009-10-01 20:51:00
K-3 Spouse Visa Process & ProceduresIntroduction and question.
QUOTE (pushbrk @ Oct 6 2009, 11:38 PM) <{POST_SNAPBACK}>
QUOTE (Rings @ Oct 6 2009, 10:16 PM) <{POST_SNAPBACK}>
Go CR1 ... take it from a K3 person. However, your photo won't matter much because you can shave or not shave when you feel like it. It won't change the validity of the document. There is less paperwork with CR1 and it costs you less and it cost you 1 month additional time and honestly.. it took that long for my husband to find a job which made us paying for EAD pretty much a waste of money....


It's proof of citizenship, not a cover-girl audition. good.gif



Deep down I know you mock me for not following your advice on CR1 one and I know deep down that you are right and I should heve listened to you tongue.gif
RingsFemaleAustralia2009-10-07 00:44:00
K-3 Spouse Visa Process & ProceduresIntroduction and question.
Go CR1 ... take it from a K3 person. However, your photo won't matter much because you can shave or not shave when you feel like it. It won't change the validity of the document. There is less paperwork with CR1 and it costs you less and it cost you 1 month additional time and honestly.. it took that long for my husband to find a job which made us paying for EAD pretty much a waste of money....
RingsFemaleAustralia2009-10-07 00:16:00
K-3 Spouse Visa Process & ProceduresI130 or K3?
Looks like you had an RFE (Request for more information) in September of this year. That will slow down your case. I know it hurts and you are sad, but you have many friends here who have felt the same pain and understand it. You have to be patient. I know it's hard and the USCIS does not understand. You can always try for a visit to the states for Thanksgiving and still be here even if you are not approved yet. The process sucks, but it takes time to get an approval. I wish you all the luck *hugs*

Edited by Rings, 06 October 2009 - 08:37 AM.

RingsFemaleAustralia2009-10-06 08:36:00
K-3 Spouse Visa Process & ProceduresNot so good news
Listen to pushbrk he is telling you what you need to know. The visa's are not processed the same. they are processed separately. The K3 visa is not always faster than the CR1 in these times. Back when I filed it made about a month difference in time. Now they are running at about the same process time wise. Your I-30 is still there and still may very well be approved before you know it. You can switch to the CR1 and null the K3 and I think that's what you have done. That's ok because the CR1 is a better visa. Be patient.
RingsFemaleAustralia2009-11-17 01:24:00
US Embassy and Consulate Discussionwht do we do next?
Start working on the Affidavit of support and getting all of your financial documents together. you will need to have the Affidavit notarized and you have to get a letter from your employer and stuff. the Affidavitt requires some different stuff so print that out and start gathering yet again and good luck!
RingsFemaleAustralia2007-03-19 21:56:00
US Embassy and Consulate DiscussionBoth I-134 / I-864 forms?
How do I know if I need both I-134 / I-864 forms? Do they send the I-864 in the packet or something? I already did the I-134, but I read that the US consulate in Australia will require both forms HERE

Should I have both forms and all supporting documents ready for him early or should I wait for the packet first? I already did the I-134 and I already have all the paperwork neccessary, but I wanted to check and see how this part works and if I can better prepare. Will he need that for the interview? I thought that he was supposed to do the I-864 when he actually comes to America.... Gah do I think too much?
RingsFemaleAustralia2007-04-20 00:21:00
US Embassy and Consulate Discussionmedical exam the same day as interview ??
No question is a bad question, but he would have to have the results and it would depend on if they could hand him the results right then... not likely in most cases :(
RingsFemaleAustralia2007-06-14 20:47:00
US Embassy and Consulate DiscussionDates on I-134 supporting documents
I think that if it is all within a couple of months then it will be fine
I got mine all done through a couple of months and a lot of that has to do with waiting anyway. Of course the closer you get these things to the interview date the better.
RingsFemaleAustralia2007-06-19 07:21:00
US Embassy and Consulate DiscussionQuestion about I-134, Affidavit of Support
HOPE THIS HELPS!

Line 3 of page one: That this affidavit is executed on behalf of the following person: (My question is – Do I put my name or my fiancée name?) YOU ARE EXECUTING IT ON BEHALF OF YOUR FIANCE

Then about five lines down it ask for my spouse name do I put my fiancée name there? I WOULD PUT N/A THERE

Line 11: That I intend to make specific contributions to the support of the person (my fiancée) in line 3: (Do I put what I have sent her in cash and deposits I made into our joint account.) I WROTE THAT I INTEND ON FULLY SUPPORTING ALL OF HIS NEEDS AND ALLOWANCES NECCESSARY TO MAINTAIN HEALTHY LIVING, INCLUDING ALL COSTS OF LIVING TO ENSURE THAT HE WILL NOT BECOME A PUBLIC CHARGE.
RingsFemaleAustralia2007-06-19 07:15:00
US Embassy and Consulate DiscussionPersonal Appearance At Interview
DON'T DO IT! *cries*

I really just love dredlocks lol
RingsFemaleAustralia2007-06-05 01:03:00
US Embassy and Consulate DiscussionAffidavit of Support
If you are filing K3, then the US Citizen will have to do both of them. The petitioner will need to send the I-134 to the sopuse in the foreign country for the interview as said above.

When the spouse enters the country, the US Citizen and/or sponsor will have to file the I-864 and that one is a lot more detailed and requires math lol.. it totally sucks.

But if you are filing K3, then you will need to do them both ... boo :(
RingsFemaleAustralia2007-07-01 22:59:00
US Embassy and Consulate DiscussionNO PACKET YET BUT I ALREADY HAVE MY INTERVIEW/MEDICAL SCHEDULE
We did the same thing and we e-mailed the consulate and they told us the exact date our packet was mailed. That may help some.
RingsFemaleAustralia2007-07-01 09:41:00
US Embassy and Consulate DiscussionAffidavit of Support

If you claimed them on your most recent tax return then you will have to claim them on the Affidavit unfortunately. It says it on the instructions of that form. If you claimed them the last couple of years, but not the most recent year then you do not have to claim that you are supporting them... otherwise you have to have them sign a sworn affidavit stating that they do not live with you any longer and you should get it notarized.


Rings,
If I get my sister to sign a sworn affidavit that I do not support her anymore is this enough? Should I get a co-sponsor to be on the safe side?



You should get the sworn affidavit, but if you do not meet poverty guidelines 125% while supporting her, youself, any other claimed individuals on your income tax and your new fiance/husband, then you should back yourself up with a co-sponsor because it is better to be safe than sorry.

The government sadly sees you as a number only. They do not care about your circumstances and affidavits are not strong material next to your income tax filings. If you can get a co-sponsor, then you should.

You can also look at the assets that you have and add those up (You need proof of the value of each asset on paper). Your total assets must equal 3 times (if you are a US Citizen and 5 times if you are not) the difference between the poverty guidelines and your household income.

If you cannot do this, then back it up with a co-sposor to protect yourself
RingsFemaleAustralia2007-07-01 22:54:00
US Embassy and Consulate DiscussionAffidavit of Support
If you claimed them on your most recent tax return then you will have to claim them on the Affidavit unfortunately. It says it on the instructions of that form. If you claimed them the last couple of years, but not the most recent year then you do not have to claim that you are supporting them... otherwise you have to have them sign a sworn affidavit stating that they do not live with you any longer and you should get it notarized.
RingsFemaleAustralia2007-07-01 07:19:00
US Embassy and Consulate DiscussionMore concerns...
You should e-mail the consulate in sydney about this. They will likely not be scheduling you until October or November for the interview either way due to the closing down for APEC.
RingsFemaleAustralia2007-07-08 11:45:00
US Embassy and Consulate DiscussionSupport and police record problem
I agree with YuAndDan, you will definately need a co-sponsor and you should pre-pare to face the challenges of the 601 waiver due to the criminal history. You will have to supply a police clearance from Texas when you go through your interview.
RingsFemaleAustralia2007-07-09 13:51:00
Asia: East and PacificLAND DOWNUNDER
Katz - Thank you so much for your support! *hugs*

Tonyr7 - I am so sorry about your loss. I recommend that you detail the entire story out in your submission of your hardship letter. You will not only need the back up documentation, but also any and all legal documents pertaining to the claim against you in a court of the law. You should obtain a copy of the police report from the jurisdiction in which your case took place, all of the supporting documentation regard to your subject of removal. Travel documents pertaining to the removal and termination of your pending adjustment of status.
I also recommend that you obtain any documents with regard to proving that your wife did not withdraw support in the given case. Now I am not sure what you mean specifically about the withdraw of support and if you mean that the USCIS has admitted to actually receiving a letter from your wife of cancellation (If this is case, I would request proof of that submission along with a detailed letter from the USCIS indicating the date stamp of receipt on the actual letter of cancellation received) or if she applied for government assistance which would ultimately mean that she would have had to show some form of proof to the government that she was below poverty guidelines in order to achieve such assistance. If this is the case and she indeed did this, then they will know what is going on and that will be hard to prove. However if this is a case of mistaken cancellation on behalf of the USCIS due to unauthorized proof, then they should be able to provide you with a detailed letter explaining that proof. There is no better weapon that you can obtain to fight for your case with the USCIS than to have a letter from the USCIS themselves.

Sharyna - Don’t you worry, that letter will come and it will be fast if it was anything like ours. I did bother the Sydney consulate with e-mails and calls though. They probably pushed us through because I was so annoying lol.

Vylex - OMG you are so right! I remember when we just barely sent our petitions and even though it seems so long ago, I know that it was just 5-6 months in total. It is definitely a journey though and not many people understand how painful and hard that it really it. Thank you so much for your support throughout this!

Kim - he should call and keep bugging the station to see if the report is ready and it will take at least a week for the medical results minimum. You want to be sure to have everything because it was a close call with Loke and I. He barely got his medical results a couple of days before his flight! I think that it is better to be safe than sorry and you do not want to reschedule because that never looks good. If you get packet 3 completed, you may be able to beat APEC, but i would not worry too much about it because they will still be scheduling interviews refraining from scheduling during APEC either way. Welcome to the Land Down Under by the way!

David - Holy heck am I glad to see you! How have you been? Awe I remember when your wife just got her visa. I am so glad to see that things are going ok. I know that the work situation sucks, but it means that you will have more quality time I think.. Ok maybe I am convincing myself of that :P Anyway i hope you two lovebirds are doing ok!

Poi_n_J - Hey how are you???!!! I am glad to see you pop up! I hope you are adjusting well and that things are going okay for you! Thanks for the congrats. I have been beaming all day.
RingsFemaleAustralia2007-07-03 20:08:00
Asia: East and PacificLAND DOWNUNDER

thanks rings!!
i was dreading having to get the american ones... they cost so much more lol



just be sure they make them 2x2 dear because that's what they need. Front view of your face and white background. *hugs*
RingsFemaleAustralia2007-07-02 22:26:00
Asia: East and PacificLAND DOWNUNDER

And we're off and running for round 2 :dance:

Newbies and Old Timers.......Below you will find a link to the original Australia thread that is now archived. This you can access at any time. Hope you all find your way here to the new site without too much trouble....Just Coo-eeeeeeeeee and will come get you otherwise :P

AUSTRALIA 1 (original)

gday good to see some other aussies about im tryin to get info on having my 10 yr ban waived
my interview in sydney is wed 11/7/07 I know about the forms 601 and 212 and have them prepared to take with me...i guess my question is on the success rate of returning after being deported my wife and i have been married almost 5 yrs our home was jacksonville Fl we first applied for 485 back in 2002 they denied our app and deported me as an overstay in dec 06 reckon i really wanna know what are my chances for gettin the ban lifted and how long till i can come home...any help would be appreciated.


Oh yeah I found something else for you... check this out here:

LINK





THANK YOU ALL SO MUCH FOR YOUR SUPPORT AND HELP - YOU HAVE BEEN ANGELS IN MY LIFE *HUGS*
RingsFemaleAustralia2007-07-02 21:37:00
Asia: East and PacificLAND DOWNUNDER

Hi guys!!

congrats Loke and rings!!! yay!! finally you can both get on with LIFE!!!


Ok guys
have two questions for you...........

what is the min or max time frame the consulate takes to send you packet 4

and 2nd question

the two photos you have to provide them with....... can they be standard Australian size photos? (visa/passport)
or do they have to be the american size passport photos?

thx in advance for any replies!!



Assuming packet 4 is where they notify you of your interview date, then it will take a week or two. See our timeline, but Loke never got another packet... he got a letter telling him when to come to the interview that was it. And he has been using normal passport photos. He was sending all of his from Aussie the whole time. I think as long ats the photos are cut 2x2, then you should be fine.
RingsFemaleAustralia2007-07-02 21:31:00
Asia: East and PacificLAND DOWNUNDER

And we're off and running for round 2 :dance:

Newbies and Old Timers.......Below you will find a link to the original Australia thread that is now archived. This you can access at any time. Hope you all find your way here to the new site without too much trouble....Just Coo-eeeeeeeeee and will come get you otherwise :P

AUSTRALIA 1 (original)

gday good to see some other aussies about im tryin to get info on having my 10 yr ban waived
my interview in sydney is wed 11/7/07 I know about the forms 601 and 212 and have them prepared to take with me...i guess my question is on the success rate of returning after being deported my wife and i have been married almost 5 yrs our home was jacksonville Fl we first applied for 485 back in 2002 they denied our app and deported me as an overstay in dec 06 reckon i really wanna know what are my chances for gettin the ban lifted and how long till i can come home...any help would be appreciated.


Try These Links... does not look too good so sorry to say (but a bit of your story may help some)

VISA CENTRAL

And there are a lot of good waiver guides on this one too

IMMIGRATE2US

Not many people are approved hardship so you will have to make a very convincing letter. I have read up on this and I have seen only two cases on this entire forum that were actually approved and one of those was due to medical reasons and the other was due to religous belief from a country that practices. It is hard to tell, but I would recommend a lawyer if you can get one. Hardship cases really depend on what happened and why you overstayed or broke the law. :( Wish I was more help, but some additional information would help a ton in being able to possibly help you.

Edited by Rings, 02 July 2007 - 09:17 PM.

RingsFemaleAustralia2007-07-02 21:15:00
Asia: East and PacificLAND DOWNUNDER
:dance: :dance: :dance: Awe thanks you guys! I come bearing good news we are APPROVED!!!! :dance: :dance: :dance:

omg what a relief... now that I have given myself an ulcer lol :wacko:

Edited by Rings, 02 July 2007 - 07:43 PM.

RingsFemaleAustralia2007-07-02 19:42:00
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3:28 pm ARRIVED at the Embassy... had to turn cell phone off
RingsFemaleAustralia2007-07-02 17:10:00
Asia: East and PacificLAND DOWNUNDER
He landed and they lost his baggage, but he carried on all of the major important thing with him. They finally delivered his bag to him though.

5 1/2 more hours to go!!
RingsFemaleAustralia2007-07-02 11:32:00
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YAY he landed safely at 1:20am my time and we totally are cute :P
RingsFemaleAustralia2007-07-02 02:35:00
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OMG it 12:00 am and he is on the plane!!!!.. (Step by step information here even though no one in their right mind would be awake right now lol)
RingsFemaleAustralia2007-07-02 01:02:00
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10:55pm Loke is on the way to the airport now YAY!
RingsFemaleAustralia2007-07-01 23:56:00
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:blink: OMGOSH I AM NERVOUS! :blink:

Loke flies out at midnight my time and it is now 9:05 pm. His interview will be at 4:00 pm my time. (8:00 am on July 3rd - Aussie Time)

:wacko: Eeeeeep! We have prepared and prepared and I know that he will do well, but I am still a wreck of nerves. I love him so much. OMGOSH OMGOSH OMGOSH :unsure:


:unsure: ***Worries*** :unsure:
RingsFemaleAustralia2007-07-01 22:09:00
Asia: East and PacificLAND DOWNUNDER
On my husbands checklist in packet 3, it askes only for the I-134 Affidavit of Support for the K3 Visa interview. I also e-mailed the consulate and asked them and they said that he should bring that to the interview with him.

Now I am looking at the requirements to change his status so that we can hopefully get that in before the rate increase. The change of status calls for the I-864 Affidavit of Support as well. Should I just send them both since I have a duplicate copy of the I-134? Why do they need both? Does the Australian Embassy keep the I-134 without forwarding it?

Am I over thinking this?
RingsFemaleAustralia2007-06-30 19:36:00
Asia: East and PacificLAND DOWNUNDER

hi ya rings
you have confused me mate..i didnt know you had to send the AOS stuff along to the interview on a K3 visa...did it ask for it on the instruction sheet to what to bring to the interview did it...

they keep most things but they give you back originals...all the stuff you hand over to them for the interview is put into the brown envelope for the POE into the States..

good to hear loke is doing well and that the 15th will be the set day of departure...whoo hoo ..happy days are hear again lol sorry that song just popped into my head lol i know im a dag...guys if i dont get online before loke's interview i just want to wish you good luck...all will be fine...going to try an get online and check things out were taking the laptop with us ... only to down load all the photo's ....wave the flag for us loke you'll be right mate


They had the I-134 on his checklist so I sent it to him and he has it. They told me that he can bring the I-134 Affidavit of Support to his interview so I sent it to him. The I-864 is required for the Adjustment of Status so I was getting that ready, but it essentailly calls for all the same things. I was just going to add the I-864 to that if I could and double check the list of document requirements for it (add ####### here and there) I was confused too because they are both Affidavits of Support, but slightly different. I was just going to do them both so that I didn't miss a beat. So now I am working on the I-864 and it looks basically the same as the I-134. I have copies of that and I was going to change the cover sheets and stuff, but I wanted to avoid extra work if neccessary. I am a nut for making sure it's right.
RingsFemaleAustralia2007-06-29 14:25:00
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Awe Jezz... I am so glad that you have found a workable solution to this. I hope that he goes for it and that it all works out for you! *hugs*

Kath you are a doll. Loke is nervous and getting rid of his stuff left and right. We are hoping that he will catch the flight on the 15th of this month. I am working on the AOS and he is working on the interview stuff. He already has all of my paperwork and he is all set.

Hey does anyone know if they keep any of your documents? Do they actually keep the AOS there? I am wondering because I made myself a duplicate copy of it in case I will need one, but when we adjust status I know we will need that so I was trying to take the lazy way out if I could. Anyway it won't be a big problem if I have to make another copy but I was hoping that they will actually give that back.


I hope you are all doing well!!!!
RingsFemaleAustralia2007-06-29 11:36:00
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awe my mom was born on Friday the 13th and she is sitting here reading with me and she says that it is still a good day and that you should get married. Don't think about the number. Think about the day. You will be with your man! YAY!!!! and that is all that really matters.... besides, it will probably be sunny on Friday the 13th lol

Ohhh adn thank you for the information on the SSN. I would rather get an RFE than pay those fines so that's what I will do too. *hugs*
RingsFemaleAustralia2007-06-28 08:31:00