ForumTitleContentMemberSexCountryDate/Time
K-3 Spouse Visa Process & ProceduresK-3 question
hello,

My I130 petition was approved before the I129F, at this point we are still pursuing both, but hope that we will get the IR/CR1.

At this point they will probably take the identical amount of time unless something goes wrong with one of them - I've seen people who's applications have seemed to go into some sort of a black hole at the consulate and take forever to get an interview. So until we have an interview scheduled we will be pursuing both.

The IR/CR1 really is the superior visa - you get a green card upon entering the U.S., so if it happens that you can get it before the K3, that's a good thing.

Good luck with everything :)
ribletFemaleCanada2007-01-29 20:20:00
K-3 Spouse Visa Process & Proceduresnoa1 received!!
Definitely just send a copy.

Good luck :)
ribletFemaleCanada2007-01-28 13:31:00
K-3 Spouse Visa Process & ProceduresAnyone applying for I-130, PLEASE READ
I totally agree. But I guess I would just do the affidavit part, I don't think it has to be very complicated.

Then how on earth am i supposed to proove my on going marriage if they won't let me go there to visit!? AND we were unable to open an account in the UK together! How do they expect people to be able conform with all this stuff, what acceptable, whats not? This makes me so angry. What sources are gonna help? I can't do 1-4 on this additional info and 5-6 isn;t very specific.. HEEELLLP!!


ribletFemaleCanada2007-01-18 12:15:00
K-3 Spouse Visa Process & Proceduresafter the k3 visa is given
When you enter in March you can activate the K3 and then you can file the I765, I think you will have to go back once for biometrics though.
ribletFemaleCanada2007-01-31 21:59:00
K-3 Spouse Visa Process & ProceduresI-129F RFE
A lot of RFE's I've seen relate to either marriage certificates or birth certificates.

And many people say they sent it in and are being asked for it again. Until you get it there's no way to know, hope it doesn't delay you too much!
ribletFemaleCanada2007-01-31 23:17:00
K-3 Spouse Visa Process & Proceduresg-325A
Hello,

You will each put your own name in the the Applicant box.

And in response to your question in the other thread - they have to be originals - all signatures on forms going to USCIS must be original.

Hi everyone. Thanks for all the help in previous posts. I have already sent in my I-130 got the NOA1. Now, I'm filling out the I-129f. All is going well. Then when I was filling out the wife's G-325A I couldn't figure out who's name is suppose to go in bold box that says applicant. On the I-130, all the forms (all g-325A too), in the bold box, I put my name. But should I put her name? thanks again.


ribletFemaleCanada2007-01-29 19:24:00
K-3 Spouse Visa Process & ProceduresComplicated situation, please help!
It is immigration fraud to enter the U.S. with the intent of staying. I know you want it to be that easy, but if it was, none of us would be separated from our partner for so long.

There is a big difference from entering the U.S. and then changing your mind and deciding to stay, and coming down with all your belongings and planning on staying.

Since you can't file anything until after her divorce goes through, I'm afraid there is essentially zero chance of having the process complete 2 months later for her child to go to school.

I would estimate that filing from Canada, the absolute fastest it could be from the divorce would be a 5 months if you are lucky.

Good luck with everything.
ribletFemaleCanada2007-02-01 10:39:00
K-3 Spouse Visa Process & ProceduresForgot to copy
no, that's really just an abundance of care - the copy of the package is more important.
ribletFemaleCanada2007-01-31 23:18:00
K-3 Spouse Visa Process & ProceduresK3 Holder traveling abroad
Ashleigh-Au is correct, definitely not needed for K3.

there is no need to double check..AP is NOT needed


ribletFemaleCanada2007-02-01 22:57:00
K-3 Spouse Visa Process & ProceduresFinally!
First of all, Congrats :)

Second of all, you may not have to choose because of the new USCIS policy they may choose for you. The new policy is that if you have both petitions approved, they assume you will enter on the K3 and adjust status... so they retain the approved I130 unless you file the I824 and pay $200. You will know whether or not the I130 has been retained once you receive your NOA2, it should tell you if it has been sent to the NVC or retained. I will add you to the "Tracking Recently Approved I130s" thread.

Good luck :)
ribletFemaleCanada2007-02-01 15:28:00
K-3 Spouse Visa Process & ProceduresThe NOA1 from the I-130 is the form I-797C?
Yes :) Good luck with the rest of the process.
ribletFemaleCanada2007-02-01 22:56:00
K-3 Spouse Visa Process & Proceduresi-130 new form confusion
yes, good luck.

The site entry page:

site entry page

Here it says Prior Versions are Acceptable. So - if the top of my form says Expires 01/31/07 - I should still be okay to send out, right??

Naveed.


ribletFemaleCanada2007-02-04 22:41:00
K-3 Spouse Visa Process & ProceduresI-130 and I-129F BOTH sent
I personally wouldn't decide until a petition is actually approved.

That being said, I believe you can contact USCIS and withdraw a petition. But what has changed in the last 5 days that you now don't want to even consider the K3?

My understanding is that if it happens that both approved petitions are forwarded to the consulate, the IR/CR1 application is automatically proceeded upon.
ribletFemaleCanada2007-02-04 22:38:00
K-3 Spouse Visa Process & ProceduresNotice of Action, I-797
Once you have a case number at the NVC which generally takes 2 or more weeks (just keep calling the automated system after a couple of weeks).. after that, your wife (she is the beneficiary right?) can email her choice of agent to the NVC.

It sometimes takes more than a month for the petition to get to the NVC, so don't panic if it takes longer than 2 weeks.

Try to study the flowchart & timesavers thread to make sure you really understand the whole process - it took me several readings to fully get it. Then you can start preparing/gathering the documents you need - Affidavit of Support, Police Certificate, Long Form Birth Certificate with parents' names, DS230, etc.

Good luck & Congrats :)

thanks your so mush... Ok one more thing...

so I was reading the Time Savers for NVC... it say I can e mail NVC telling them to mail everything to me .. not to my wife oversea... a my a little confuse ..


ribletFemaleCanada2007-02-03 14:02:00
K-3 Spouse Visa Process & ProceduresNotice of Action, I-797
I just re-read your post, and I was confused by the forum you posted in.

Your I130 petition was approved - not your I129F.

There will be additional processing at the NVC before it goes on to the consulate.

Please read the "NVC Timesavers Thread" pinned at the top of the NVC forum, as well as the NVC Flowchart in the guides to help familiarize yourself with the process.
ribletFemaleCanada2007-02-03 12:38:00
K-3 Spouse Visa Process & ProceduresNotice of Action, I-797
Congratulations!! Your petition has been approved.

Now your approved petition should be forwarded to the NVC, it may take a few weeks to get there. Once it arrives, it should not stay long, and then will be forwarded to the consulate in the beneficiaries country to schedule an interview.

Good luck with the rest!!
ribletFemaleCanada2007-02-03 12:00:00
K-3 Spouse Visa Process & ProceduresTouched Today
well that's much better than just a touch! Congratulations!!

I got great news today. I got two e-mails telling mr that our I-129 and I-130 was approved on 2/5/2007. Now i hope every thing Else goes very fast!!!!


ribletFemaleCanada2007-02-06 11:36:00
K-3 Spouse Visa Process & Proceduresconfused...options...ideas?
It would probably be a good idea for you to consult with an attorney. I'm fairly certain that she should be able to stay in Canada until fairly late in the process (when it's coming near to the time to submit the Affidavit of Support) as long as she will be able to meet the financial requirements. Are her parents able to be joint sponsors?
ribletFemaleCanada2007-02-01 10:12:00
K-3 Spouse Visa Process & Proceduresconfused...options...ideas?
I think your best option would be for your wife to file the I130's for you and your children from Canada, that way she can stay in Canada with you as long as possible. If you are mainly concerned with speed, she could also file a I129F for you - but if you enter on the I129F you won't be work authorized and will have to apply for employment authorization.

Being that you are in Canada, it makes it slightly easier because you can enter on the K3, apply for work authorization and then go back to Canada for a few months until your work authorization is approved. Filing a I129F will allow your children to get derivative K4 visas, and these will almost certainly be faster than the IR/CR1, and will get them back to their mother faster. Also, once you get the K3 you have the option of continuing to pursue the IR/CR1 and returning to interview in Montreal OR adjusting status in the U.S.

Also, someone correct me if I'm wrong but I think that once your children get permanent resident status, they will immediately be eligible to apply for citizenship.

Sorry if this is garbled, good luck, and definitely read the guides on this site they are a great resource!
ribletFemaleCanada2007-01-31 10:39:00
K-3 Spouse Visa Process & Proceduresconfused...options...ideas?
Haven't seen you in awhile YuAndDan - have you heard about the new legislation which has basically put a stop to DCF?

- Do we file the I-130 here before she leaves?

You can do this either DCF through Montreal or IR-1 through USCIS

- Can we all go, and then file the forms in the US providing I come back every 6 months for a bit?

Many visit from Canada while waiting, but not for that long.

- Can the kids stay with her as well?

If the children are her's by birth then they will be considered to be US Citizens already and can live in the U.S., some paperwork may need to be done at the Consulate show this.

Citizenship of Children


ribletFemaleCanada2007-01-31 10:12:00
K-3 Spouse Visa Process & ProceduresI-130 and I129F Is it necessary to file both?
It's totally optional.

While it is unlikely that the I129F would be approved first if you file at this point, since your I130 doesn't seem to be moving and if you have the extra money lying around, you could file the I129F.

Just know that if the I129F and I130 are approved around the same time, or the I129F is approved first, then there is a good chance under the new policy that the I130 will be retained and you would have to enter on the K3 and Adjust Status or file an I824 and pay an additional $200 to have it forwarded to the NVC.

I would totally understand if your main concern at this point is being reunited as soon as possible and dedcide to file the I129F. Good luck!!
ribletFemaleCanada2007-02-06 22:36:00
K-3 Spouse Visa Process & ProceduresApproved!
Congrats!!
ribletFemaleCanada2007-02-06 12:44:00
K-3 Spouse Visa Process & ProceduresMontreal Interview - How long to schedule?
The difference with DCF is that the I130 petition is submitted and approved at a consulate without going through USCIS, and is then forwarded for the interview.

The new "John Walsh" law is some sort of child protection law and is triggering additional security checks. Because DCF filings were not reviewed by USCIS, they are now being sent for these security checks. This is my basic understanding.

I believe that once the checks are done, that your petition will be returned to Montreal. I've heard that you should not be placed at the back of the line. I saw your post in the Canada forum, and hopefully that's what Montreal has written to you about.

Good luck!
ribletFemaleCanada2007-02-09 12:49:00
K-3 Spouse Visa Process & ProceduresMontreal Interview - How long to schedule?
The process you applied for is known as DCF (direct consular filing). Unfortunately there has been a lot of upheaval with this process in the last month due to a new law. In all likelihood your petition was sent back to USCIS (fromw what I've heard of what's happening).

I would call Montreal if I were you. Sorry for the bad news. Check out the DCF forum on this site for more info.

Me again - just wanted to include also that since submitting the package with the checklist - we have not received anything else at all. No medical information or pre-interview package.


ribletFemaleCanada2007-02-09 12:10:00
K-3 Spouse Visa Process & ProceduresI-130 Petition
There doesn't seem to be any connection between when a petition is considered to have arrived at CSC and when it was approved. Mine was supposedly sent at the beginning of October and was finally approved two weeks ago, some people have theirs approved shortly after it has "arrived".

I know it's stressful, but the computer system is not very reliable, so try not to let it stress you out too much!

OMG!!....I am sooooo mad!!! I filed my I-130 back in October 2006. Nebraska received it 10/3/2006. I also received an email at that time stating it was sent to CSC.......I just received and email stating the case was received and pending now at CSC!!!! WHAT!!! My case sat in Nebraska for almost 5 months!!!!! Or did a courier 'WALK' it to california??? What the hell??? Now I am to wait another 3-5 months for it to process ay CSC!!??? I am soooooo pissed!


ribletFemaleCanada2007-02-09 14:01:00
K-3 Spouse Visa Process & ProceduresConfused and suffering from prior laziness
First of all, they can't really expect your wife to have her 2006 taxes filed yet since the IRS doesn't even expect that. So you could still submit the I864 now, and have your wife file her taxes in case they want updated info at the interview.

Second, you can continue to pursue the K3 if you choose, the point at which the choice will basically be made for you is when the CR/IR1 arrives at the consulate, they should automatically cancel the K3.

I believe you would just submit two I-134s, but I'm not sure on that.

Finally, yes you can just adjust status in the U.S. and not return for the CR/IR1 interview BUT as I said before, I really wouldn't give up on the IR/CR1 just because of the tax issue... especially considering you've paid all the fees now.

Good luck with everything.
ribletFemaleCanada2007-02-10 11:26:00
K-3 Spouse Visa Process & ProceduresAPPROVED
Congrats :)
ribletFemaleCanada2007-02-12 09:37:00
K-3 Spouse Visa Process & ProceduresOops. Sent the I-129F to the wrong place
If they have not cashed the check, and it would simple for you to re-assemble the package, I would cancel the check and send off a new application. But I wouldn't cancel the check until I had new signed G325A's from my spouse and anything else I needed to send and was ready to send the package.
ribletFemaleCanada2007-02-13 08:28:00
K-3 Spouse Visa Process & ProceduresOops. Sent the I-129F to the wrong place
Sometimes they send it back to you, sometimes they forward it to the appropriate center. If you just sent it off, generally the fastest option is to cancel the check and send of the petition again - BUT as it's been 2 weeks, I would personally wait and see. Has your check been cashed?

oh yeah this was for a K-3. But I accidently sent the I-129F to vermont. Does anyone know what will happen?


ribletFemaleCanada2007-02-12 09:33:00
K-3 Spouse Visa Process & ProceduresI130 approved!!!Now what??
lol, that should be the USCIS slogan for the I130 "slower and cheaper". :) Although they are admittedly getting faster.

Don't you have to do all those security checks and fees anyway? :help:


You pay other fees when you adjust status AFTER you enter the U.S. on a K3.

K3 - faster but more expensive overall when you combine the petition costs along with costs of adjusting status

CR-1/IR-1 - slower and cheaper


ribletFemaleCanada2007-02-15 11:58:00
K-3 Spouse Visa Process & ProceduresI130 approved!!!Now what??
The I129F usually only stays at the NVC for a couple of weeks, bhis is where the big time difference comes in as the I130 will generally be at the NVC for at least 2.5 or 3 months even if you use every possible shortcut.

Don't you have to do all those security checks and fees anyway? :help:

Looking through people's timelines, those seem to go pretty quick - like a month.

This are the steps to a IR/CR1
1- send in the application
2- NOA1
3- NOA2, application forwarded to NVC
4- send in more forms, proof of income etc etc
5- application forwarded abroad
6- Interview scheduled


Is that right? I've re-read the guides, and still am a little unlear as to where/how the K3 speeds things up ... especially since they are egtting approved on the same day now ??

THANKS FOR YOUR HELP!!! (I'm being a single father to a toddler while my wife waits for her visa! I'd be pulling my hair out at this stuff if I weren't alerady balding :P )


ribletFemaleCanada2007-02-15 11:23:00
K-3 Spouse Visa Process & ProceduresI130 approved!!!Now what??
The K3 is often still faster than the IR/CR1 - it depends somewhat on the country though.

The receipt notice for the I130 is what is known as the NOA1 - so you've got it already.

Good luck :)

Clarification: At present, it looks like the K3 visa is no faster than the I-130 alone, right? I just got the Notice of Reciept for my I-130 - waiting for the NOA1. cheers


ribletFemaleCanada2007-02-12 09:30:00
K-3 Spouse Visa Process & ProceduresI130 approved!!!Now what??
It's totally optional.

In the directions for he K3 it says after you receive the NOA1 for the I-130 you should send in the I-129F....
Is that not necessary?


ribletFemaleCanada2007-02-10 02:47:00
K-3 Spouse Visa Process & ProceduresI130 approved!!!Now what??
Unfortunately it's true.. look at my timeline, my I130 was approved December 6. I'm still expecting another month before my case is complete, and then another 2-4 months for an interview in Montreal.

But anytime something goes quickly, it definitely speeds things up :) It helps to be very prepared about the process at the NVC, you can save a lot of time by using James' shortcuts.

WOW! really!? ######, so in this case its taken 3 months to approve I-130 then could be an additional 3-4 before the interview and return back to usa... ######! i really thought after the I-130 was approved it goes pretty quick. That kinda puts a damper on the good news of the I130 being approved so quick. Oh GOd :'( will i ever see my wife and kids again :(


ribletFemaleCanada2007-02-09 10:20:00
K-3 Spouse Visa Process & ProceduresI130 approved!!!Now what??
No, once the I130 is approved it is forwarded to the NVC (that is unless you also have an approved I129F, and then the I130 will probably be retained).

Processing at the NVC usually takes 3-4 months or more depending on how quickly you respond to their requests. When the case is complete at the NVC either the NVC schedules an interview or forwards it to the consulate for scheduling depending on the country.

So once the I-130 is approved do you just sit back and wait for the consulate abroad to send an interview date??


ribletFemaleCanada2007-02-09 09:57:00
K-3 Spouse Visa Process & ProceduresI130 approved!!!Now what??
Congratulations on the approval :)

Are you sure you didn't receive the NOA1 "receipt notice"? What was it that you received on November 21?

Most people in your situation would not file an I129F after having the I130 petition approved. At this point, filing the I129F would have a small chance of reuniting you sooner, and even so the beneficiary would still have to apply for employment authorization which takes an average of 3 months.

Take a look at the timelines and decide for yourself :)

Finally, for what happens next... please read the NVC Timesavers Thread pinned at the top of the NVC forum, as well as the NVC Flowchart in the Guides. I read those several times until I had a good understanding of the process.

Congrats & Good luck with the rest!
ribletFemaleCanada2007-02-09 09:24:00
K-3 Spouse Visa Process & ProceduresI 797 Approval Notice Valid from 11/15/07 to 03/14/07
Doesn't the visa itself have a date on it?

Your wife shouldn't have to show anything other than the visa - and consulates routinely extend the NOA2's anyway - the date on the NOA2 isn't the validity of the visa, but the validity of the NOA2 itself.
ribletFemaleCanada2007-02-15 11:57:00
K-3 Spouse Visa Process & Procedureseligilibility for K3
lol, oooh the stupid couch looks comfortable :) and is that poutine I see?

To the OP - while you are not required to have met your spouse prior to your wedding day, this will understandably raise flags for the USCIS.


What are ASEAN countries? Everybody seems to know but me. :blush:



Join me on the stupid couch cuz I dont know either :unsure:

<whisper> maybe its Asian?


ribletFemaleCanada2007-02-14 17:21:00
K-3 Spouse Visa Process & ProceduresTourist Visa before K3
Anyone can apply for a tourist visa - many people are able to obtain a visa.

But, even with a visa there is always a chance that the person will be turned back at the point of entry (POE) because the officer does not believe that the person will return to their home country.

Many people are successful, but many people are not... it's totally up to the individual to decide whether it's worth it to try.

Finally, I've heard that extra visits to the U.S can trigger additional security checks, and this can delay the final visa, so that should be an additional consideration.
ribletFemaleCanada2007-02-04 22:45:00
K-3 Spouse Visa Process & ProceduresTourist Visa before K3
There is nothing illegal about visiting. The only way I've ever heard of it coming up was with additional security checks triggered by the travel - but many many people have their spouse come visit. Probably the most difficult part will be to get a visitor visa :)

I am a US citizen and my fiance is an Indian Citizen. We are supposed to get married end of next month. Here is my question. If my fiance gets a tourist visa before the marriage. And after the marriage she travels with me to US as a tourist. I file for her K3, she goes back to India and attend her interview when they send out her packet 4. Is this scenario possible, is there a chance for her K3 to be refused because she visited US after our marriage with tourist visa.

thanks,


ribletFemaleCanada2007-01-31 20:19:00