ForumTitleContentMemberSexCountryDate/Time
K-3 Spouse Visa Process & ProceduresLawyer or No Lawyer? Lining up the ducks!
Hi JenM, Many people here are do-it-yourselfers and handle the paperwork themselves, without an attorney. But that puts the onus on you to understand the process, which can be confusing. Get set for research and tracking your petition.

If it's vital for your husband to work in the U.S. as soon as he gets here, you may want to read the timelines for CR-1 and the U.K. It's the long way, but he arrrives with a greencard. He waits in his own country.

K3 is supposed to unite couples quicker but there has been a new law (IMBRA) and backlogs. Not enough evidence yet to predict timings. Again, he waits in the U.K.

I'm out of my depth on this one, but there may be couples who marry in the U.S. and simply apply for AOS. I believe the foreign spouse has to stay here, will not be able to work, and could be denied if it looks like he entered the States with the intent to immigrate, which is a no no.

No matter which route you choose, get set for a difficult period of waiting and being seperated. It's best to have a plan to retain your sanity.

Edited by Jersey Girl, 29 July 2006 - 06:34 PM.

Jersey GirlFemaleCanada2006-07-29 18:34:00
K-3 Spouse Visa Process & ProceduresNVC Processed K3 application in 1 day
Nice dilemma. Congratulations!
Jersey GirlFemaleCanada2006-08-04 13:01:00
K-3 Spouse Visa Process & ProceduresMy I-130 was approved, too....
Tracy, I couldn't be happier for you. Now put out a picnic on that pillowtop and pour yourself a glass of champagne to go with those strawberries!
Jersey GirlFemaleCanada2006-08-04 14:58:00
K-3 Spouse Visa Process & ProceduresK-3 Just Approved. No what?
SilkRoad, congratulations on such a speedy approval! I'm in the same boat with Package 3. When it comes to my husband, I want him to send it to me in the States so I can fill out the forms. This may add some time, especially if he has to sign things, but we want it done right. I still don't know if we'll use registered mail or FedEx. I'm wondering is faxing the blank forms is an option.
Jersey GirlFemaleCanada2006-08-04 06:41:00
K-3 Spouse Visa Process & ProceduresI-130 APPROVED!
Yippee, CapeG! What happens now? You enjoy the day! Next, I believe your file goes to the NVC where they process it further. Then they send it to the Embassy.
Jersey GirlFemaleCanada2006-08-04 12:17:00
K-3 Spouse Visa Process & ProceduresI-130 APPROVED
Great news! It lifts everyone's spirits here to hear of your success. Enjoy the feeling!
Jersey GirlFemaleCanada2006-08-04 11:50:00
K-3 Spouse Visa Process & ProceduresI-30 that was transfered to CSC from VSC approved!!!
YIPPPPEEEEEEE! Isn't it great to have options?
Jersey GirlFemaleCanada2006-08-05 07:00:00
K-3 Spouse Visa Process & ProceduresThe Odd one out
Guess what, tracimn123, there is no big bully at USCIS, just a bunch of people like you, going to work. Really, we're the bully. Because we put so much pressure on ourselves and have unrealistic expectations. I'm sorry your K1 was a dead end. Your new journey began in May, not that long ago. I'd wait till Sept/Oct before checking the mail constantly ... or whatever makes sense for US-Mexican spouse petitions. When times are tough, be gentle with yourself. You're in our prayers.
Jersey GirlFemaleCanada2006-08-03 08:08:00
K-3 Spouse Visa Process & Procedureshelp help!
dmartmar, where's your timeline? What are your intentions?

People with foreign spouses often apply for two visas because that's how the K3 works. You sumbit I-130 for the immigrant visa, followed by the I-129f for the non-immigrant visa.

People here generally do this without an attorney, and consult with one another for information and support. So it's crucial that this be an environment where people from all over the world can get help during a stressful period. Personal attacks have no place.

Also, many people are denied at the border because of insufficient proof of ties to their home country. It doesn't mean they're permanently barred from entering the U.S. It means they have to assemble enough evidence to convince the border official they'll return home, if they want to try again.

Savanphil, I'm sorry your wife had an asthma episode and hope she's on the mend. Perhaps they'll be compassionate and let you visit. In any case, start working closely with her friends and family so she has people looking after her when she's released. You are in our prayers.
Jersey GirlFemaleCanada2006-08-05 06:56:00
K-3 Spouse Visa Process & ProceduresImmigrant travel during application process
While it's true there's no law forbidding foreign spouses from visiting, it's also true they can be denied based on the opinion of a single individual. Aussiewench linked to an interesting thread, and the comments of imiak bear repeating (bolding is mine).

"As a former CBP officer, I can give you a little bit of an idea. The real answer is that the circumstances behind each potential entry is unique. Both on the side of the alien and on the side of the officer. There is no exact answer. However, the officer typically looks at the evidence before them (things such as return date, length and frequency of visits, purpose of visit, demeanor, body language, etc) in order to make a decision on whether to allow an alien to enter the US or not. There are general guidelines, however, each officer has their own interpretations of those rather broad guidelines in determining whether one is permitted to enter the US or not.

I believe that telling people on this board to "come on in, there should be no problem" is a very reckless stance to take. The number of variables in determining if that specific alien will be permitted to enter the US is much much too large to make general all-emcompassing statements. In reality, any alien who enters the US is taking the risk that they will be denied entry and sent back. It is my opinion that one who has a immigrant visa petition in process is at greater risk of having their entry denied than one who has no petition at all.

Therefore, I always tell people who intend to visit the US while their petition is processing to bring evidence of their ties back home. However, where the presentation of this evidence can reduce the risk of being denied entry, it is no guarantee."
Jersey GirlFemaleCanada2006-08-01 14:39:00
K-3 Spouse Visa Process & ProceduresImmigrant travel during application process

It is allowable for a foreign spouse to visit and many do.

Yodrak, thanks for the definitive answer. If only it were just as clear to the visitor what they had to bring to satisfy the border official, who will ultimately make a subjective decision.
Jersey GirlFemaleCanada2006-07-31 16:22:00
K-3 Spouse Visa Process & ProceduresImmigrant travel during application process
Uh ... I'm no expert on this ... but if he's married, and travelling to the U.S. this Fall, he could get in trouble at the border whether you've petitioned for his visa or not. There's always the chance he spills the beans that he's visiting his wife and the whole house of cards comes down. Especially without documents proving his domicile and reasons to return.

I'm not sure why he can't put an ad in the paper and sell his vacation ticket. Maybe there's someone at work who'd take it off his hands. Or if there's travel insurance, make a cancellation claim based on his father's health. But if he insists on coming, it better be without a wedding ring!
Jersey GirlFemaleCanada2006-07-30 09:07:00
K-3 Spouse Visa Process & ProceduresImmigrant travel during application process
Jen, welcome to your journey. It teaches patience and the importance of Plan B. Why not change his ticket to a round trip for YOU to visit the U.K., instead of vice versa? Or simply get a refund? Or have him take his holiday somewhere else?

If he foregoes his autumn trip to the U.S., you can assemble the I-130 now, mail it as soon as he leaves, and get the ball rolling. You could also examine the I-129f now, get his signature wherever it's required, and save time mailing things back and forth later.

Meanwhile, check the IMBRA forum here to see if your Web site is considered a marriage broker. Yahoo may be exempt, since hooking people up is not their mainline business. Find out.

You're going to be fine and come out stronger, so take a deep breath, find a cushy seat in the waiting room, and ask the Canadians here for a good glass of beer.
Jersey GirlFemaleCanada2006-07-30 06:35:00
K-3 Spouse Visa Process & ProceduresImmigrant travel during application process
The foreign spouse waits for the visa in their own country. Better get your heads around this one.

You may find people who'll advise him to "risk it," but being denied and sent back to the U.K. is an expensive proposition. A round trip ticket would be the very least he'd need if he wanted to take the chance. A letter from his employer stating when he's expected to return ... mortgage or lease documents to show where he lives ... bank and utility statements ... etc. Taken together, these do not guarantee entry. It's up to the official he happens to get.

Your alternative is to petition for his visa AFTER his autumn trip.

Edited by Jersey Girl, 29 July 2006 - 06:57 PM.

Jersey GirlFemaleCanada2006-07-29 18:56:00
K-3 Spouse Visa Process & ProceduresIs there such a thing as Too Much Information?
Before you get bogged down in details, you need to look at the big picture and decide which visa you want, and when you can submit your petition. That would be once he returns to the U.K.

If you go for K3, there's a new form that asks if you met through a marriage broker. Many Web sites that charge fees to meet people fall under this category.

You need to fill out the forms precisely and provide the documentation they require, nothing more, nothing less. If you don't have your ducks in a row exactly the way they want them, you might get an RFE (Request for Evidence) that will slow you down.
Jersey GirlFemaleCanada2006-07-29 18:46:00
K-3 Spouse Visa Process & ProceduresNVC consulate number received!!!!
Yes, I'm a K3 too, and called NVC today to find that a case number has been assigned. Wait, wait, hurry up! Myrtle1980, here's hoping it's like greased lightning for everyone in our situation!
Jersey GirlFemaleCanada2006-08-07 18:10:00
K-3 Spouse Visa Process & ProceduresI could cry so hard......
(from your signature)
07/01/2006 Recieved RFE for K-3 IMBRA law
07/14/2006 Usps said MSC recieved package

Maybe I'm misinterpreting your signature. It seems to say you received your IMBRA letter July 1, and they got it back July 14. Did you get a letter or email stating they received it? Many (but not all) got this, only to be followed a couple of weeks later with a duplicate letter.

Some people were approved after the first RFE and before they sent in the duplicate. I was appproved after sending the duplicate and getting confirmation by email. But there's no predictability based on dates. If you look for a pattern, you may be disappointed. Things may not seem reasonable or fair, but that's the process we find ourselves in. Have patience. Do what they ask and hang in there. You're on the visa train and have already come a long way.
Jersey GirlFemaleCanada2006-08-07 08:59:00
K-3 Spouse Visa Process & ProceduresI could cry so hard......
Have faith and relax. Everything is progressing on your K3. You might even get another RFE, which is what happened to a lot of us. They got your RFE about 3 weeks ago, so it's too early to put yourself through the wringer. It's hard to wait, so be kind to yourself and distract yourself in the meantime. We're all holding your hand.
Jersey GirlFemaleCanada2006-08-07 07:56:00
K-3 Spouse Visa Process & ProceduresHafiz...they got my RFE reply!
So so glad for you, Tracy! Good things come to those who wait.
Jersey GirlFemaleCanada2006-08-07 10:08:00
K-3 Spouse Visa Process & ProceduresK3 - documents required at Embassy
Hi Brad, I believe each Embassy may have their own, slightly different requirements, so check with others going through Thailand.

We're looking forward to a K3 interview in Montreal. They're very picky that you use exactly the forms they send. Guess that's a good plan no matter where you live.

We've already had my husband's birth certificate (and vaccination records) translated into English. We know he'll have a nation-wide background check by the police. There'll be a medical exam, too. We're waiting for Package 3 before getting these, but some people get the police check done early, because they have to wait a while for it, and because it's good for a year, anyway.

Meanwhile, he's gathering evidence of our relationship: cards, letters, photos. I'm getting a certified copy of our marriage certificate as well as financial documents showing we have assets in common, another proof of relationship.

We've already gotten passport-type photos of him, since he'll need 1-3 for the medical (there are differeing opinions) and another one for the interview.

We're getting familiar with sample Package 3 forms, even if the ones he receives may be sllightly different. When they come, he'll photocopy everything and mail them to me, since I'm the official form filler. I'll mail it back to him to sign and mail to the Embassy. This adds time but we want it done right. No RFEs because we didn't say: None or not applicable.

I expect to receive I-134 for Affidavit of Support. The I-864 is for CR-1 visa.
Jersey GirlFemaleCanada2006-08-08 07:25:00
K-3 Spouse Visa Process & ProceduresThinking of filing for K-3 instead of K-1
Agree with all the above. He was here for the birth, which is a nice bonus. He'll have to go back anyway, for the interview. You won't be apart much longer, so stick with K1. While he's back in Canada, you can plan a lovely wedding for when he returns.
Jersey GirlFemaleCanada2006-08-07 09:07:00
K-3 Spouse Visa Process & ProceduresHell has frozen over!!!!
Told ya!

:dance:
Jersey GirlFemaleCanada2006-08-08 07:55:00
K-3 Spouse Visa Process & Proceduresnvc
There are no NVC costs. They hold it about 2-4 weeks (generally speaking), assign a case number, do some background checking, and send it to the Embassy. That's when you'll start to see costs.
Jersey GirlFemaleCanada2006-08-08 09:49:00
K-3 Spouse Visa Process & ProceduresI-129f sent 4th July no NOA1
Do you have any kind of postal confirmation that your I-129f arrived? Is there any evidence that your cheque was cashed?

Chicago is only a "lockbox" that forwards petitions to service centres, so there's no one to call, as far as I know. Did your wife give a U.S. address on the petitions? Would mail be coming there?
Jersey GirlFemaleCanada2006-08-10 05:57:00
K-3 Spouse Visa Process & ProceduresI-130... worries
Hang in there. Your signature shows things happening in June and July. Hopefully, good things will come your way in August!
Jersey GirlFemaleCanada2006-08-10 06:00:00
K-3 Spouse Visa Process & ProceduresI-130 Approved
Congratulations! Hope the rest goes smoothly and you're reunited in the quickest possible time.
Jersey GirlFemaleCanada2006-08-08 07:31:00
K-3 Spouse Visa Process & Proceduresgood news +k3 approval!!!!
Wow, glad to hear your wife is getting better and is in good hands. This must be a weight off your mind. And getting the K3 approval, too?! You must be delighted! Your case will be at NVC a short while and then sent to the consulate. Take this time to relax, because the crisis is over. May God bless you both on the rest of your journey.
Jersey GirlFemaleCanada2006-08-10 18:30:00
K-3 Spouse Visa Process & ProceduresK3 approval in mail
It's the hardest thing to wait in the dark, especially when everybody else seems to be progressing. And it's the sweetest thing to have good news fall out of the sky and give you great hopes all over again. Congratulations!
Jersey GirlFemaleCanada2006-08-05 05:57:00
K-3 Spouse Visa Process & ProceduresFinally!!! K3 is approved
Yippee! Excellent news! What's next is for NVC to assign a case number. You can call, but it will also come by snail mail. Enjoy the happiness!
Jersey GirlFemaleCanada2006-08-10 18:17:00
K-3 Spouse Visa Process & Procedureshelp please
It's good to have an income. If there's any way for her to get a job, this will help your situation, especially when you adjust status or do the CR-1 interview. It's also good to have assets in the United States (as we're learning in the Canada forum). And yes, a co-sponsor will be needed. Good luck!
Jersey GirlFemaleCanada2006-08-10 18:22:00
K-3 Spouse Visa Process & ProceduresLost or forgotten????
Relax, it's in the works. You know that because of the RFE. If you allow yourself to become obsessed, you'll drive yourself nuts. Give it time to work its way through the process. Give yourself something else to do while that's happening.
Jersey GirlFemaleCanada2006-08-12 05:09:00
K-3 Spouse Visa Process & ProceduresK-3 APPROVED
Contgratulations, kahhtak! Happy for you.

Never lose hope. Always have faith. When you're feeling anxious, give yourself what you need to relax. Every day that passes is another day closer to our goal.

My prayer is that God sends relief to all who are waiting. And in exchange they will be kind and generous couples whose love spreads to everyone who comes into their sphere.
Jersey GirlFemaleCanada2006-08-11 13:57:00
K-3 Spouse Visa Process & ProceduresI-129(f) Approval! (Expedite)
Our thoughts and prayers are with you. Hang in there and support your sister. Your love for her and generosity are already being rewarded. We get so caught up in the visa process we forget the whole purpose: to be with family and help when we're needed.

I don't know if you can get HOSPICE care in San Antonio, but it's worth asking at the hospital. When your sister is released, they might send people every day to give her meds, a bath, meals, whatever, even drive her to appointments. You're going to need all the help available.

You might start asking Saint Anthony (San Antonio) for help. He finds things. Everything from keys and wallets to good husbands to good hands to help.
Jersey GirlFemaleCanada2006-08-12 18:41:00
K-3 Spouse Visa Process & ProceduresI-130 approved today, I-129f approved last week!
Hey akatagirl, congratulations! It's amazing how quickly we forget the misery and angst once those approvals start rolling in! Best of luck on the rest!

Hafiz, don't worry about voice mail hell. The NVC will send a snail mail letter soon with your case number.
Jersey GirlFemaleCanada2006-08-10 06:05:00
K-3 Spouse Visa Process & ProceduresMedical
From Embassy Info (top of this page), Montreal:

Vaccination requirements

Don't need Hep A/B

See www.panelphysicians.com for vaccination requirements-

But generally

MMR
Td
Chicken Pox
Jersey GirlFemaleCanada2006-08-12 17:31:00
K-3 Spouse Visa Process & ProceduresK-3 Approved
Congratulations and good luck with what's coming next!
Jersey GirlFemaleCanada2006-08-13 06:27:00
K-3 Spouse Visa Process & ProceduresSuprise Approval in Mail
jerseygal, it's time to celebrate in true Jersey fashion! Let's go ta da mall and get long acrylic nails with American flags painted on them. Let's take a train into da City and see Jersey Boyz. Let's eat Taylor Pork Roll sandwiches on da boardwalk down da Shore. Let's tease our hair really big and put a ton of hairspray on it.

(In other words, we're all celebrating your good news in our own ways!)

Edited by Jersey Girl, 15 August 2006 - 01:18 PM.

Jersey GirlFemaleCanada2006-08-15 13:17:00
K-3 Spouse Visa Process & ProceduresI-130 Approved at COB
Congratulations, I just got mine too.
Jersey GirlFemaleCanada2006-08-15 20:12:00
K-3 Spouse Visa Process & ProceduresRFE email
Jazzy, congratulations on getting over this hurdle! Hope the rest is clear sailing.
Jersey GirlFemaleCanada2006-08-16 05:47:00
K-3 Spouse Visa Process & Proceduresvery happy
Your good news is lifting a lot of spirits! Congratulations!
Jersey GirlFemaleCanada2006-08-15 12:29:00