ForumTitleContentMemberSexCountryDate/Time
K-3 Spouse Visa Process & ProceduresDo you send ALL of I130 package when sending in I129F?
Actually the evidence requirement on the I129F only applies to fiance(e)s not spousal petitions, so no you don't have to send all the same evidence again. If you look at #7 of the instructions, all the evidence relates to the ability to marry or that you actually have met and know your fiance(e) which isn't so much of an issue since you are already married.

So i guess from looking..... its just all the evidence bits n bobs, which is pretty much everything from the I-130, right?


ribletFemaleCanada2007-02-26 10:21:00
K-3 Spouse Visa Process & Procedureschoice of agent
The Agent is the person who will receive all the documents in the mail. Many people choose the American spouse since mail will often reach them much faster.

BUT - this is not an issue for K3's if that is what you have filed.
ribletFemaleCanada2007-02-27 10:42:00
K-3 Spouse Visa Process & ProceduresNVC: 129F vs I130
As of October that is the new policy.

I personally think it would be a waste of time to file the I824 to have the I130 forwarded. It's an additional $200, and I haven't seen a single one approved yet.

Good luck :)
ribletFemaleCanada2007-02-28 12:36:00
K-3 Spouse Visa Process & Procedurescancel K3..?
FYI:

In my tracking thread the first I824 I've seen has been approved, it took 2 months. Of course, who knows how long other ones will take, but it's something. But 2 months is long enough to make it not really worth while for a lot of people to file.

Edited by riblet, 01 March 2007 - 10:29 AM.

ribletFemaleCanada2007-03-01 10:28:00
K-3 Spouse Visa Process & Procedurescancel K3..?
Two things,

First, garyandkris - I think you've perhaps overstated your point regarding retention. I would not tell anyone at this point that they can choose if they want to pursue the CR1 once the two petitions are approved. According to the policy this will not be true, and at this point you don't actually know if yours even was an exception to the policy until your petition actually gets to NVC. I don't mean to be rude - I just think it's important for people to know that if they file both, in all likelihood the I130 will be retained.

Second, I would be worried about confusing USCIS by cancelling, but I'm just paranoid. I'm afraid that this is something that ideally should have been considered before filing if you really just wanted the CR1.

Good luck whatever you decide!
ribletFemaleCanada2007-02-28 15:23:00
K-3 Spouse Visa Process & Proceduresvisa petition and filing taxes
no problem, I understand :) I'm glad if I can help.

Riblet, thanks for your response. I feel like I have to ask about everything so as to avoid making any mistakes that could cause a delay.


e makes sense to me, that's what I selected.

I am a US citizen, when I file form W-7 for my spouse who is still overseas, should I check box "b" (nonresident alien filing a US tax return) or "e" (spouse of US citizen). I think "e" would be the right option....correct?


ribletFemaleCanada2007-02-03 12:39:00
K-3 Spouse Visa Process & Proceduresvisa petition and filing taxes
e makes sense to me, that's what I selected.

I am a US citizen, when I file form W-7 for my spouse who is still overseas, should I check box "b" (nonresident alien filing a US tax return) or "e" (spouse of US citizen). I think "e" would be the right option....correct?


ribletFemaleCanada2007-02-03 12:02:00
K-3 Spouse Visa Process & ProceduresI-129 Transferd to CSC
This is totally normal now :) All I129F's are now processed at the service center where their I130 is.
ribletFemaleCanada2007-03-01 10:16:00
K-3 Spouse Visa Process & Proceduresmissouri
Chicago is the "lockbox"... I always understood this to be where the checks were cashed, the file was given a cursory review for completeness and then forwarded to Missouri for processing.

But, since the new USCIS policy of streamlining I130 and I129F petitions was initiated in October, the I129F is sent to the service center where the I130 already is. They have yet to update the processing dates site to reflect the new policy. As you have probably already seen, most people now have both petitions approved at the same time, and the I130 is retained.

Hope this helps :)
ribletFemaleCanada2007-03-02 10:51:00
K-3 Spouse Visa Process & ProceduresSo Happy!!! Packet 4 received today!!!
Congrats, hope the interview goes smoothly :)
ribletFemaleCanada2007-02-27 11:50:00
K-3 Spouse Visa Process & ProceduresWhat evidence do I send with I-130 and I-129F?
Hello :)

The I130, Question 7 instructions suggest sending evidence... if you are sending a bunch, just make sure it's very organized.

I129F for spouses does not require or suggest sending evidence, so no evidence with that.

Sorry I'm not sure about the P.O. box thing... I think these are some of the only forms I've seen where you're not asked for both an address and mailing address.


If I was going to try to file both, and not have it retained, I think I would do the following:

Under Question 22 I would put "My wife does NOT intend to Adjust Status in the U.S., I am petitioning for a consular processing of CR1 Visa. SEE ATTACHED"

And then on the attachment I would copy the relevant portion of the press release announcing the new policy and something like:

I am aware of the new USCIS policy of retaining approved I130 petitions unless the petitioner clearly indicates that the beneficiary will use the consular process. The beneficiary of this petition WILL use the consular process. Thank you very much.

"USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC)."

From USCIS Public Notice, November 14, 2006
http://www.uscis.gov...e/PN_i-129f.pdf

Good luck, I'll be curious to see if it works :)
ribletFemaleCanada2007-02-28 18:38:00
K-3 Spouse Visa Process & Procedureswant to pursue I-130 DO i have to send I-129f
I would actually give you the opposite advice.

If you are certain that you want to pursue the CR1 do not file the I129F.

Due to tne USCIS streamlining policy initiated in October, both petitions would be processed at the same center, they would be approved at the same time, and then the I130 would be retained. The USCIS assumes that the beneficiary will adjust status in the U.S. and not pursue a CR1 - unless you "clearly indicate otherwise", but we are not sure what this means.

The simplest answer to your question is NO, you do not HAVE to file the I129F, it's optional, and if you really only want the CR1, it would be a waste.

If you can afford the fees, I recommend you file both ways. Generally the K-3 will be faster and offset some of the process until after you arrive here. The CR-1 will be cleaner on arrival and after.

I did both. Neither has been fast. My K-3 application is almost certainly lost at the CSC. I have an approval notice and I also have an RFE status simulataneouly and nothing done so far can seem to either get the "approved 129F to the NVC nor can I seem to send them any information that will clear the RFE status. The CR-1 application plods on like an oxen.

Jim


ribletFemaleCanada2007-03-04 16:08:00
K-3 Spouse Visa Process & ProceduresINFOPASS
What about scheduling a second one, and then cancelling the first? It seems like you shouldn't need the letter, but maybe for security.

Good luck!

My printer messed up when I tried to print off my Infopass appointment letter for Oklahoma City. I've been back on the USCIS website over and over and followed the links it told me to print off a new letter but it just will not bring up my appointment letter again to print off.
I did get a chance to write down the confirmation number etc. The appointment is first thing tomorrow morning so I can't even call USCIS helpline as it's closed. Does anyone know if they will still let me in without the letter if I have all my Identification and stuff?


ribletFemaleCanada2007-03-04 21:38:00
K-3 Spouse Visa Process & ProceduresDS-230/address question
It looks like you're pursuing a CR1, not a K3 (just so you know, wrong forum).

Anyway, she should not receive any mail until her interview letter if you're the agent.

I would email the NVC and tell them she has a new address, not just put it on the DS230.

Good luck with the rest!
ribletFemaleCanada2007-03-06 10:17:00
K-3 Spouse Visa Process & ProceduresNVC processing
That's good to know :) I clearly haven't received mine yet :P

Actually NVC will send the petitioner a letter with the case number and which consulate they sent it to. Usually it arrives much later, well after the case is already at the consulate. :)

I had good luck with email and phoning them. By the time I got my case number through phone and email, it had already been there and left!


ribletFemaleCanada2007-02-28 13:30:00
K-3 Spouse Visa Process & ProceduresNVC processing
For a K3 you won't receive anything from the NVC. They basically receive it into their system and then forward it on to the appropriate consulate. You can email them to confirm if they have received it. Make sure to include your USCIS receipt number, and the name and date of birth of the beneficiary, and that you are the petitioner. The email address is: NVCINQUIRY@state.gov
ribletFemaleCanada2007-02-28 11:50:00
K-3 Spouse Visa Process & ProceduresG-325A additional sheets
I attached 4 copies of my addedum, it made sense to me to do so, since there are 4 copies of the G325A. I would guess it probably won't be an issue for the I130 since they've already sent your NOA1 though.

Good luck!
ribletFemaleCanada2007-03-07 10:09:00
K-3 Spouse Visa Process & ProceduresAPPROVED!!!! APPROVED!!!!
lol, I told you not to stress out!! Congrats :)
ribletFemaleCanada2007-02-10 02:46:00
K-3 Spouse Visa Process & ProceduresAn Interview Finally!!!
My understanding is that you will have to do a consular reporting of a birth abroad - your child does not have to have an interview for a visa, as she is a citizen. I'm not sure how exactly you go about it, but hopefully you can find some information on it.

Good luck with the rest!!
ribletFemaleCanada2007-03-04 16:17:00
K-3 Spouse Visa Process & ProceduresI-129F Supporting material for K3 Visa
You are correct, no additional evidence is necessary.
ribletFemaleCanada2007-03-06 21:16:00
K-3 Spouse Visa Process & ProceduresWHAT DO I DO NOW THAT 129F AND I130 ARE APPROVED?
Congrats, but you still have a ways to go :)

The I130 will most likely be retained, and the I129F will be forwarded to the NVC and then shortly forwarded to the consulate. The consulate will forward a packet of instructions to your husband.

Congrats again :)
ribletFemaleCanada2007-03-04 19:23:00
K-3 Spouse Visa Process & Proceduresreceipt (I-797)
Here is the number: 1-800-375-5283.

No guarantees you will get someone helpful, but you can try.
ribletFemaleCanada2007-03-12 09:35:00
K-3 Spouse Visa Process & Proceduresreceipt (I-797)
You can use skype to call the 1-800 number for USCIS.

Good luck!

Even IF its a foreign address??? I wonder how it took other people who were forced to file overseas due to the change in policy this year..because we cant send to the embassy..but the Cali office. Has anyone filed OVERSEAS their i-130 and received their noa1 yet from a foreign country?? Im on day 13!!

Who can call?? does anyone know?? I heard i have to wait a month before i can call and ask
its sucks...we wanted to do DFC and its changed our plans to move back to the states by June.


ribletFemaleCanada2007-03-12 09:04:00
K-3 Spouse Visa Process & Procedurespleaseee explain
The processing times just indicate the maximum time USCIS has chosen as their goal for processing - not the actual average processing time.

The timlines on this site are much more realistic for showing averages.

In addition, K3 processing after USCIS is generally much faster as the I129F petition is not processed at the NVC but just forwarded to the appropriate consulate.
ribletFemaleCanada2007-03-12 08:59:00
K-3 Spouse Visa Process & ProceduresImpact of choice between IR1 and K-3
I agree that it does seem to make sense and would hopefully make processing faster.

I am very curious to see if anyone is able to successfully indicate on their I130 that they clearly want a consular interview and have USCIS acknowledge that.

I don't think that USCIS is doing this to bring in money, I think they're doing it to reduce their workload as part of their effort improve processing times. Experience has shown that most people who begin the K3 option carry through to obtain a K3 visa, then complete the immigration process by adjusting status in the USA.

When Congress created the K3 visa it was not their intent to set up a horse race. They set up an alternative that people could chose to use or not use. My sense is that the USCIS is intending to end the horse race aspect and put a stop to the extra effort that they and the NVC have been putting forth for people who do not specifically intend to obtain an immigrant visa.

I can tell you that this new procedure would possibly have saved my wife as much as 2 months in gaining LPR status. When she went for her AOS interview my approved I-130 petition was with the DoS, and her application to adjust status could not be approved until it was returned to the USCIS and in the hands of the case officer handling the adjustment. It was 2 months after the interview that her adjustment was approved.

Yodrak

Well, USCIS needs to make their bucks somehow so they can hire more people. And what better way to do it than to rip us off but putting a whole bunch of obstacles for us to jump over. And how do you jump over them? By paying extra cash each time you need something for them to process. It's definitely a rip off.


ribletFemaleCanada2007-03-15 09:11:00
K-3 Spouse Visa Process & ProceduresUSCIS still retaining I-130's?
Wow, that's really not the way it's supposed to work. I'm sorry for your bad luck :( It is possible that it is just taking a long time for your petition to be forwarded to the NVC, I've seen some take months. What did your NOA2 say?

Congrats on your I-130 approval!!!!! I believe USCIS are still retaining the I-130 approvals but only if both were approved at the same time.



Mine was retained and we're still waiting for the I-129F. I guess if they see you have a I-129F pending they hold it.


Edited by riblet, 15 March 2007 - 10:12 AM.

ribletFemaleCanada2007-03-15 10:11:00
K-3 Spouse Visa Process & ProceduresInterview Received
Congrats on both!! You probably have a good chance of getting the CR1 interview at the same time!
ribletFemaleCanada2007-03-15 09:02:00
K-3 Spouse Visa Process & ProceduresPending Visitor Visa application before filing I-130
Even if someone gets a visitor visa, there is still the chance that the immigration official will deny them because they don't believe they will return to their country.

Many people visit, but many people are turned back, you just need to decide whether it is worth the risk and whether she will be able to show sufficient evidence that she will be returning.

There is nothing illegal about trying to get a visitor visa. Just be truthful about everything.
ribletFemaleCanada2007-03-04 16:12:00
K-3 Spouse Visa Process & ProceduresI'm ecstatic. Interview next week (36 days after 129 approval)
Congrats & Good luck!!
ribletFemaleCanada2007-03-12 11:04:00
K-3 Spouse Visa Process & ProceduresCorrecting Mistakes on I-129F/I-130
The general consensus is that submitting additional documents without a specific RFE is often pointless as it won't get matched up with your application.

This does not seem like a serious error to me - you included the date you actually became a citizen & your certificate number, hopefully that will be good enough.
ribletFemaleCanada2007-03-22 23:55:00
K-3 Spouse Visa Process & Proceduresestimate time
Have you checked out the timeline functions on this site? They are very helpful, you can sort by country even :)

Hello friends.
I just recently filed my I-130 (receipt date march 6th)
I mailed the K-3 and have yet to receive the receipt

I know i still have a long way to go but God willing if everything goes fine..going by trends- how long do you think
it will be before my spouse gets his visa? I mean is it depended on the country the beneficiary is from? I am just getting restless- so any feedback would be appreciated. :o :o


ribletFemaleCanada2007-03-23 00:00:00
K-3 Spouse Visa Process & ProceduresFebruary Filers
The instructions appear to allow for affidavits from related parties, as they state to include "his or her relationship to the petitioner or beneficiary, if any." I think it's a good sign that the family is willing to give their affidavit.


:thumbs: thanks for all the advice!! But it seems people still dont' know much about the 'new rules' on the I-I130 #7.. actually if you look at it, they WOULD LIKE to have the property, joint accounts, and such.. I was wondering if I could create a joint account at her country (China) when I go back in March.. That would also add to the proof.. I guess some wedding videos/photos and the affidavits (that is #5 under the #7 rule).. there are total of 6 things you can do under #7.. most people can go with #6 *** Any other relevant documentation to establish that thereis an ongoing marital union. ***

still not sure what this is though.. we plan on getting married in March 2007.. so that doesn't leave much for that #6, although it is the easiest to do among them all.. I figure just send some wedding photos + affidavits (actually, aren't you supposed to get affidavits from OTHER THAN family members?)... because family members are not credible.. it is better to get from US Citizen friends that know the both of you.. if not, you can get from friends in her country that you have both met before.. just helping out, don't be mean :blush: hehe.. we are all learning here..

Other than that, it seems I don't have to send in as much the first time around?? (wait for RFE??)


ribletFemaleCanada2007-02-19 14:53:00
K-3 Spouse Visa Process & ProceduresK-3 issue: Baby born after I-130 was filed
Your child is already a citizen, so doesn't need any petition to be filed. What you do need to do is file for the certification of citizenship at the consulate where your wife is.

I have just been naturalized and is in the process of setting up a K-3 application. I have filed for my wife's I-130 when I was still an immigrant (I have called USCIS and upgraded my I-130 right after being naturalized). I'm currently filling up the I-129F and trying complete the requirements like both our G-325A forms. My wife gave birth to our baby daughter recently so the baby's information wasn't on the I-130 I have filed. Do we have to fill up a G-325A for the baby so she can get a K-4? Or should a copy of the birth certificate (along with a copy of our marriage certificate) be enough for her to be issued a K-4? I believe I don't have to file a separate I-130 for the baby, unless I'm wrong.

Also, I believe that a US citizen's foreign born child will automatically become a citizen once they arrive in the US on legal status. Does this apply as well when my baby arrives with my wife on a K-4 visa? Or does the I-130 be approved first (while here in the US on a K-4) before this can be applied?



And CONGRATULATIONS on the baby :)

Your child is already a citizen, so doesn't need any petition to be filed. What you do need to do is file for the certification of citizenship at the consulate where your wife is.


I have just been naturalized and is in the process of setting up a K-3 application. I have filed for my wife's I-130 when I was still an immigrant (I have called USCIS and upgraded my I-130 right after being naturalized). I'm currently filling up the I-129F and trying complete the requirements like both our G-325A forms. My wife gave birth to our baby daughter recently so the baby's information wasn't on the I-130 I have filed. Do we have to fill up a G-325A for the baby so she can get a K-4? Or should a copy of the birth certificate (along with a copy of our marriage certificate) be enough for her to be issued a K-4? I believe I don't have to file a separate I-130 for the baby, unless I'm wrong.

Also, I believe that a US citizen's foreign born child will automatically become a citizen once they arrive in the US on legal status. Does this apply as well when my baby arrives with my wife on a K-4 visa? Or does the I-130 be approved first (while here in the US on a K-4) before this can be applied?


ribletFemaleCanada2006-11-15 11:46:00
K-3 Spouse Visa Process & ProceduresFinally .. Finally K3 approved
It is possible that K3 would reach the embassy first, so if you have the money to pursue both, you can do that, but it might add up to a very little gain in time, or the IR/CR1 might get there and just cancel the K3.

I guess it depends on how quick you want your spouse to be here with you. Usually CR1 takes much longer at NVC than K3.


ribletFemaleCanada2006-11-16 14:25:00
K-3 Spouse Visa Process & ProceduresFinally .. Finally K3 approved
My understanding is that if you have an approved I130 at the embassy, they will just ignore the K3 b/c it is a lesser petition.
ribletFemaleCanada2006-11-16 13:32:00
K-3 Spouse Visa Process & ProceduresProcessing times
I think the Immigration Timelines on this website give the most accurate impression.

Is there a better source to refer to for checking processing times at the Service Centers other than the links they provide? They don't appear up to date.


ribletFemaleCanada2006-11-18 13:50:00
K-3 Spouse Visa Process & ProceduresUSCIS transferring K-3's from CSC to VSC.
I was worried about that twood2k, but it looks like most of the last few tranferees that have been approved had august NOA1 dates, so maybe it's not totally out of order. Oh well, there's nothing we can do about it unfortunately, so I try not to get too upset :(

Oh goody!
Does this mean that everyone who was at the top of the stack will now be put at the bottem somewhere else?

Im getting the feeling that I picked the absolute worse time to file for a K-3.. what a mess.


ribletFemaleCanada2006-11-16 14:23:00
K-3 Spouse Visa Process & Procedurescase still at MSC
You're still fairly early in the process - check out the Where K3 Stands thread.

Also, if the RFE was for something you were supposed to include to begin with, your processing time starts from when they received that, not your NOA1 date.


When did you filed your case? usually its take about month to get transferred to CSC or VSC depend on your location.

Sept 7 got the NOA1 and completed the RFE Sept 29 2006.. last time i checked.. said. case still at MSC and will receive decision in 60 days... waaaaaaaaaa..


ribletFemaleCanada2006-11-19 10:39:00
K-3 Spouse Visa Process & Procedureswhats next after NOA1??
There won't be anymore paperwork until your petition is approved - then you will receive your approval notice. Once the petition arrives at the embassy, then there will be more paperwork, but this generally takes at least 2 to 3 months, or more, from NOA1.

hi guys its me again.
after i received noa1 from my spouse's I-129F (K-3), what we will be next.?
should i wait for what now?
are there any paper works to fill up again??

just asking coz im planning to go back for to the philippines while waiting.

thank you guys.
God Bless us all.


ribletFemaleCanada2006-11-19 12:43:00
K-3 Spouse Visa Process & Proceduresquestions and misery
It sounds to me like things are really really taking longer than it should be.

A touch is what it means when you register online, and you see the date has changed for the last update. This means that someone has touched your file and scanned the barcode, although you don't always know what it means.

I'm not sure about the DCF, but I would definitely start calling people.

As for the G325A, you were supposed to send 1 copy for you (4 sheets) and one for your spouse (4 sheets). Sometimes they lose things though.

Sorry for all your delays.

hey guys, very new here...what does touched mean and how can i tell if its happened (i feel like this is a sex ed question!!) ??

my husband is australian and in australia...i dont have my info with me for specific dates, but my i129f and i130 seem to be taking significantly more time than other peoples. i filed i130 at the end of march, havent heard a peep since the receipt notice early april. is that normal? it doesnt seem normal.

with the i129f filed immediately after i130 receipt, my first request for evidence was a paper that made me sign that my marriage wasnt arranged. did i miss something in the original application? are they allowed to just change legislation to make this a requirement halfway through a pending application? i received this in june and sent it out the next day. 3 weeks later i received a receipt, with another copy of this form! i called customer service and they said to send it in, just in case. i did. 2 weeks later i got a receipt.

then i didnt hear anything from them until october 22 when they sent another request for evidence for g325a..i had only sent one copy of each. does it say to send two on the instructions? i cant believe i could make such a big mistake. sent it out and got a receipt a couple days ago.

of course this whole time i have called incessantly and gotten zero information from customer service.

the third question is that after being lied to by the service center and them telling me that dcf and filing in the US takes the same amount of time, can i just say f this and go back to australia and try to file the dcf? it would probably be quicker at this point and im getting pretty desperate!

the last question is why do they have to be so torturous so randomly? ive read so many posts of people having theirs completed in a 1/4 of the time it has taken out. horrible sadists!!

also just filed a congressional inquiry with my local congressman to speak up on behalf of my case. well see what comes of that!

thanks for reading and for your help!!!



and to register online, go here:

https://egov.immigra...ectusertype.jsp
ribletFemaleCanada2006-11-16 20:37:00