ForumTitleContentMemberSexCountryDate/Time
K-3 Spouse Visa Process & ProceduresDivorce Decree not attached in I-129F application (K3)
But Question 7 clearly refers to "What Documents Do You Need to Prove That You Can Legally Marry".

My reading of the instructions is that if you are married, it is not necessary to submit the divorce papers at this point - it will be needed later though.
ribletFemaleCanada2006-12-01 08:12:00
K-3 Spouse Visa Process & Proceduresk3 visa
Check out the "Where K3 Stands" thread to get an idea of how long it takes. Usually 2+ months, sometimes less, sometimes a lot more.
ribletFemaleCanada2006-12-04 15:09:00
K-3 Spouse Visa Process & ProceduresConfused
It sounds like you are at the NVC stage, working towards and IR/CR1, not a K3.

Here is the link to the NVC Flowchart, which should help answer your questions:

http://www.visajourn...wchart_v1-2.pdf

Once you have your interview, you will enter the U.S. as a permanent resident (have a green card), with conditions that have to be removed if you have been married less than 3 years upon entering the U.S.
ribletFemaleCanada2006-12-04 23:46:00
K-3 Spouse Visa Process & ProceduresPatterns for approvals after being touched (i-129f)
There is absolutely no reliable pattern, and btw I am now 2 months post tranfer to CSC... still waiting. Touches can make you feel good because something is going on, but you can't rely on them.
ribletFemaleCanada2006-12-05 08:18:00
K-3 Spouse Visa Process & ProceduresMarriage Certificate
My understanding is that you must submit a copy of the official certificate - many people have to wait a month or more before they receive the official one, and I know I've seen discussions regarding the delay.

But, if yours is sealed, is it the seal of the registrar of marriages or whatever the office is there? It almost sounds like an official license. Maybe someone else married in the Carribean can help.
ribletFemaleCanada2006-12-04 15:29:00
K-3 Spouse Visa Process & ProceduresWife is now a K3 what to do with the I-130 for the CR1?
Check out the guides for filing Adjustment of status, it has a comprehensive list of what you need to file. Congrats on getting your K3 :)
ribletFemaleCanada2006-12-03 17:11:00
K-3 Spouse Visa Process & ProceduresNames To Use On Forms?
I would use whatever your legal name happens to be at the time of application, because that will match whatever proof of identity submitted. So if your first and last name have not yet been changed, I would use your old ones. That is unless someone else has better advice :) I'm not entirely sure, that's just what I would do.
ribletFemaleCanada2006-12-05 10:01:00
K-3 Spouse Visa Process & ProceduresFiling the K-3
I knew you could retain domicile in the U.S., but was confused about when or if you would need to show it, and whether the poster would be able to. I think I've turned into an overeager poster, and should leave it to people who know better or I just cause confusion :) I'm just procrastinating - studying for law school exams is not fun, and is starting to melt my brain.
ribletFemaleCanada2006-12-05 23:07:00
K-3 Spouse Visa Process & ProceduresFiling the K-3
I'm almost certain you can file from outside of the country, but my understanding is that you must be "domiciled" in the U.S. or you can't petition.

Here is a link discussing the requirements of domicile if you are unfamiliar with it:

http://manila.usemba...v/wwwh3207.html

I'm not entirely familiar with this sort of situation, so maybe someone else can clarify the details.

Edited by riblet, 05 December 2006 - 09:54 PM.

ribletFemaleCanada2006-12-05 21:53:00
K-3 Spouse Visa Process & ProceduresHelp
Your question regarding the criminal record? It doesn't seem like something that would be a problem, as long as you are honest about it!
ribletFemaleCanada2006-12-06 22:54:00
K-3 Spouse Visa Process & ProceduresHelp
The interview for a K3 is held in the country of marriage - I don't see how that affects whether or not you are able to wait and work in England.
ribletFemaleCanada2006-12-06 17:03:00
K-3 Spouse Visa Process & ProceduresYEAAA!!! Finally approved!!!!!!
Great :) Congratulations! Good luck with the rest of the process!
ribletFemaleCanada2006-12-08 08:33:00
K-3 Spouse Visa Process & ProceduresK3 process: I-130 approved
Same thing happened to me :) Congratulations!! I found it very helpful to study the pinned posts in the NVC forum, and now I finally really get what the rest of the process will be :)
ribletFemaleCanada2006-12-08 08:36:00
K-3 Spouse Visa Process & ProceduresMarried - what next ?
As far as I've heard, overstays of spouses of U.S. citizens are generally forgiven, that's not something new. In addition, I'm pretty sure that a simple overstay is not a crime - it may be grounds for a ban, but that doesn't mean it's a crime.
ribletFemaleCanada2006-12-08 21:16:00
K-3 Spouse Visa Process & ProceduresMarried - what next ?
You will want to do Adjustment of Status. Overstays of spouses of U.S. citizens are "generally" forgiven.

Here is the link to the guide on Adjustment of Status, it should get you started :) Congrats on the marriage.

http://www.visajourn...page=i130guide2
ribletFemaleCanada2006-12-07 16:17:00
K-3 Spouse Visa Process & ProceduresRelocating....
People move if they have to, but I definitely have heard of people having a hard time getting USCIS to actually change their address, and even when they confirm a change still have problems getting mail. I'm sure many more move without problem, and realistically if you have to move, then you have to move :)

Good luck with everything.
ribletFemaleCanada2006-12-08 23:14:00
K-3 Spouse Visa Process & ProceduresVisiting while in Process
I'm not sure what advice everyone gave you, but just in case, make sure she brings as much evidence as possible to show strong ties that she will be returning :) Good luck! My husband has had decent luck with visiting, although they do give him a rough time sometimes.
ribletFemaleCanada2006-11-20 20:36:00
K-3 Spouse Visa Process & ProceduresK-3 Resentment
There are still people who's K3's get approved faster. In addition, the K3 basically just passes through the NVC and on to the consulate, while the IR/CR1 is often at the NVC for 2 months or so. At this point, if my husband's K3 was approved, he would probably be able to enter the states 2 or 3 months earlier than on the CR1 but he wouldn't be able to work, so it's probably not worth it for us at this point, but for someone who doesn't necessarily mind, that is 2 or 3 months faster.

Also, I've heard that some consulates schedule appointments much faster for one rather than the other, so it would make sense to look into that too.

Good luck with your decision.
ribletFemaleCanada2006-12-08 15:22:00
K-3 Spouse Visa Process & ProceduresK-3 Resentment
I know it's frustrating, but my understanding is that the I130 used to take MUCH longer, and that's why the K3 was needed. In a way it's a good thing that your CR1 is being processed faster, because that's the visa that you really want in the end :) I agree though that if the K3 isn't reuniting people faster on average, that it is useless.

Not to take away from your ranting or anything if it makes you feel better :)
ribletFemaleCanada2006-12-08 13:03:00
K-3 Spouse Visa Process & ProceduresEntry after K-3 and applying for Green Card
I'm not saying it makes sense, but I think that's the reason for the loophole. :) My understanding is that K1 holders can't apply for a SSN once they have less than 2 weeks left on their 90 days.

Edited by riblet, 05 December 2006 - 07:53 PM.

ribletFemaleCanada2006-12-05 19:53:00
K-3 Spouse Visa Process & ProceduresEntry after K-3 and applying for Green Card
It's because K1's are employment authorized for the first 90 days, or at least that's my understanding.
ribletFemaleCanada2006-12-05 19:42:00
K-3 Spouse Visa Process & ProceduresEntry after K-3 and applying for Green Card
As for timing - EAD seems to average 70 - 90 days, but can take much longer. Then another couple of weeks to get the SSN.
ribletFemaleCanada2006-12-05 14:45:00
K-3 Spouse Visa Process & ProceduresEntry after K-3 and applying for Green Card
Yodrak was saying the other day that you do not have to wait for an approved I130 to AOS. So I'm assuming he's right :)

K3 cannot apply for SSN until he/she has an EAD or has AOS.
ribletFemaleCanada2006-12-05 08:30:00
K-3 Spouse Visa Process & ProceduresIf I-130 get approved does approved K3 gets cancelled
That's what you get for calling the misinformation line - sorry, but they are so wrong sometimes!

What they told you is only partially true.

Regarding not being able to pursue the K3 is untrue. The new policy specifically contemplates having both petitions approved and entering the U.S. on the K3.

The new policy is also the reason your I130 NOA2 assumes that your spouse will Adjust Status after entering on K3.

I really hope the part about the I824 taking a few months is not true.

This person you spoke to totally contradicts themselves -- how could it be assumed that you will not be pursuing consular processing of I130, and that you couldn't pursue K3 to adjust status. If that was so, then the only way you could enter would be by filing the I824. It just doesn't make sense.

Really, you just need to decide whether it is worth paying $200 to file the I824 if you have an approved K3. In fact, try calling NVC on Monday morning to see if your K3 has already arrived, or even been processed through the NVC.

Good luck.
ribletFemaleCanada2006-12-10 04:53:00
K-3 Spouse Visa Process & Proceduresk3 procedure
Welcome,

The guides on this site are very good. Most people who are comfortable filling out basic forms, who don't have a complicated situation are able to successfully navigate the process with the support of this site. If you're really not comfortable, maybe just try to have a consultation with a lawyer to see if he/she has anything useful to add. I'm not sure where to find one, but I know people on this site sometimes find cheap/free consultations, so it's worth looking around.
ribletFemaleCanada2006-12-09 21:53:00
K-3 Spouse Visa Process & ProceduresK3 or adjustment of status?
It might be worth a brief consultation with an immigration attorney, as you don't provide a very full picture of exactly what happened and there can be complications that we don't know about. I'm also not sure about the ramifications on your student visa, as in whether or not you can continue to study.

But if you entered with intent to be a student, not to marry and stay, you will probably be fine to Adjust Status. AOS is the only method by which you can stay in the U.S. without having to be processed elsewhere.

Definitely read the guide on Adjustment of Status, it is very helpful :) Good luck, and congratulations on your marriage.

Edited by riblet, 09 December 2006 - 01:44 PM.

ribletFemaleCanada2006-12-09 13:43:00
K-3 Spouse Visa Process & ProceduresGOT APPPROVED
This is a new rule being implemented by the USCIS, so if they decide your approval fits into the guidelines, they keep it and don't forward it to the NVC, so it doesn't get to the Consulate.

I think what you are discussing is the fact that if an approved I130 arrives at the consulate, it will generally override an approved I129F that is already there because it leads to the superior visa.
ribletFemaleCanada2006-12-09 14:17:00
K-3 Spouse Visa Process & ProceduresGOT APPPROVED
That is very interesting Mike! Thanks for sharing. I'm thinking about starting a new thread to keep an eye on these in the I130 forum.

Riblet:

Very interesting information from the USCIS. For information purposes, here's what my I-797 (dated 11/27/06) said about my I-130:

"The above petition has been approved. We have sent the original visa petition to the Department of State National Visa Center......NVC processes all approved immigrant visa petitions that need consular action. It also determines which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consultate."

So, we will see what happens. Will the NVC actually send the petition to Bogota? Or is this simply "outdated" language and the NVC will keep our petition, expecting that we will eventually file for AOS after the K-3 is approved?

If anyone gets an I-797 for their I-130 that has different language, I'm sure we'd all love to know it. The more evidence we get, the better we can "guess" what is actually happening with I-130 petitions that are related to k-3 filings.

Mike

luvbugs4ever - I mentioned the possibility of being retained b/c of the new USCIS policy that presumes people filing for K3 will adjsut status in the U.S. and therefore there is no reason to forward the approved I130 to the NVC. We still aren't sure if this is only done when there is an approved K3, or if a K3 has been filed for. I called USCIS after my petition was approved on Wednesday, and they said my NOA2 should indicate whether it is being forwarded or retained, and then we'll know. I hope that's true, and I hope that those of us who don't have an approved K3 will automatically have our I130's forwarded. Good luck :) As soon as I receive my NOA2 I'm planning on posting in the I130 timeline thread.


ribletFemaleCanada2006-12-09 13:39:00
K-3 Spouse Visa Process & ProceduresGOT APPPROVED
luvbugs4ever - I mentioned the possibility of being retained b/c of the new USCIS policy that presumes people filing for K3 will adjsut status in the U.S. and therefore there is no reason to forward the approved I130 to the NVC. We still aren't sure if this is only done when there is an approved K3, or if a K3 has been filed for. I called USCIS after my petition was approved on Wednesday, and they said my NOA2 should indicate whether it is being forwarded or retained, and then we'll know. I hope that's true, and I hope that those of us who don't have an approved K3 will automatically have our I130's forwarded. Good luck :) As soon as I receive my NOA2 I'm planning on posting in the I130 timeline thread.
ribletFemaleCanada2006-12-09 12:23:00
K-3 Spouse Visa Process & ProceduresGOT APPPROVED
Congrats, next thing to do is wait and see if your NOA2 says your petitions are being forwarded to NVC or being retained. Good luck!
ribletFemaleCanada2006-12-09 11:19:00
K-3 Spouse Visa Process & ProceduresClarify use of I-824
USCIS has implemented a new policy in which they presume that people who have filed both I129F for K3 and I130 for IR/CR1 are actually going to Adjust Status in the U.S. So they don't forward the approved I130 to the NVC at all. We still aren't sure if this is only if you have an approved I129F already, or if you have filed one at all. It's still very new. I started a tracking thread in the I130 forum to try to find out if we can see a pattern.

Basically, if you actually do want to pursue the IR/CR1 visa rather than adjust status, and they are holding your approved I130 petition, you file the I824 to ask them to forward it to the NVC to continue processing. (and pay an extra $200!)

Hope this helps.
ribletFemaleCanada2006-12-11 15:23:00
K-3 Spouse Visa Process & ProceduresForm I-824 is in process.
Sounds like you were worried for nothing :)

The best way to start preparing for AOS/EAD is to check out the guide:

http://www.visajourn...page=i130guide2

And FYI, K3 can't get SSN until after EAD or AOS, whichever happens first.
ribletFemaleCanada2006-12-11 15:25:00
K-3 Spouse Visa Process & ProceduresForm I-824 is in process.
Are you planning on returning to Nepal for the I130 interview? That's the only reason to file the I824, otherwise you could have saved the $200 and just filed for AOS since you're already done the K3.

And by the way, congrats on the succesfull interview!!! Two months from applying to final approval, you are REALLY lucky :)

Hi Folks,

My both petitions I-130 and I129F ware approved at the same day and the K-3 visa is approved.
I filed I-824 to forward my approved petition to NVC. What will happen next?

Thanks


Edited by riblet, 11 December 2006 - 02:45 PM.

ribletFemaleCanada2006-12-11 14:44:00
K-3 Spouse Visa Process & ProceduresStarted our journey today
Welcome & Good Luck!
ribletFemaleCanada2006-12-11 14:52:00
K-3 Spouse Visa Process & ProceduresWe officially started the spousal visa process today!
Good luck, don't forget to double check everything :P
ribletFemaleCanada2006-12-11 22:33:00
K-3 Spouse Visa Process & ProceduresWe officially started the spousal visa process today!
Congrats & Welcome :) Here's wishing you a speedy journey!
ribletFemaleCanada2006-11-27 15:53:00
K-3 Spouse Visa Process & Procedureslittle "plus" signs on my I 129f form ???
Leave them blank and fill them in by hand, or if you have a fully formatable Adobe I believe you can resize the font.
ribletFemaleCanada2006-12-11 22:41:00
K-3 Spouse Visa Process & ProceduresAOS in Process, Leaving Country?
I don't think it will make anything faster if you had an earlier petition, although I don't know.

K3 could take 6 months or so, maybe more, maybe less - who really know in 3 years, things change so much.

Finally, maybe your best option if you'll be living in the Cayman Islands, if it is available there, is filing DCF.

Good luck, congrats on the new job.

Hi All,

Ok, so we have filed for AOS. My now wife came as a visitor for a few months. We had an unplanned pregnancy (very happy about it, but still unplanned). Got married legally in front of a judge. Filed AOS. Now here is the kicker, I got offered a good job in the Cayman Islands.

So here is my question:
I realize that it will be abonding the AOS process, BUT will we have less time to wait if we decide to come back in three years, since they got our info, AND more importantly she has had a biometrics appointment?

If not, can I apply for the K3 while we are still in the Cayman islands AND how long does the K3 typically take?

I just don't want my wife and young child in another country for an extended amount of time alone, since I am the sole bread winner.

Thanks.
:)


Edited by riblet, 11 December 2006 - 10:04 PM.

ribletFemaleCanada2006-12-11 22:04:00
K-3 Spouse Visa Process & ProceduresSalary history needed???
You or a co-sponsor will have to show sufficient funds to support them. It's not a huge amount though, do a search for the poverty guidelines, 125% of those are the minimum amounts.
ribletFemaleCanada2006-12-12 11:24:00
K-3 Spouse Visa Process & ProceduresGot the case number from the NVC..next step?
I'm pretty sure that once the NVC assigns a case number, that's the one the consulate/embassy uses from what I've seen.

I want to be sure i understand the case number you all are talking about.

I was assuming the case number is the same number givin by the NVC when it arrives at the NVC.

Is a other number assigned when it is sent to the Embassy?

Thanks in advance.


ribletFemaleCanada2006-12-13 16:18:00