NOA1 Received on Feb 23.

Now I am thinking.. is it worth filing I-129F for K3?
I was not aware that I could have filed it before (along with I130; with out NOA1).

What do you guys recommend now? Do you think it may slow down my application or have no impact?

Thanks all for the support... at least mentally we are holding each others hand in this process....

Good luck to all...

Well I was planning on filing for the k3 but now Im leaning toward the cr1, Im just to worried about the I129 getting canceled anyway and holding me up. so can you change me to the cr1 group,plz?

Updated!

Updated!

Updated!

CR-1/IR-1
Member Name----------Beneficiary's country----------I-130 Sent ----------NOA1

Sam and Metodi --------Bulgaria ----------------------02/04/2008
azer_2000 --------------Azerbaijan --------------------02/06/2008
Danyel y Miguel --------Venezuela --------------------02/07/2008
rkapur -------------------Kuwait ------------------------02/07/2008
febfiller ------------------Morocco ----------------------02/07/2008
lkekandi -----------------United Kingdom --------------02/07/2008
Ralu&Doru --------------Romania -----------------------02/11/2008

K3
Member Name----------Beneficiary's country----------I-130 Sent ----------NOA1

Vernon Family ---------South Africa -------------------02/01/2008
lkekandi ---------------United Kingdom ----------------02/07/2008
rentua -----------------Canada -------------------------02/09/2008
danielle46901 ---------Scotland ------------------------02/11/2008
[/quote]


hey there! I think there's been a misunderstanding. my husband and I are filing for K-3. could you please update the table? Oh, and our check was cashed!!! yay on 02/21/2008

ok i didnt know you were filling k-3 sorry! but i've put the people sending both under both categories, to watch the noa's from the I-130 & I-129f in seperate categories. so i added you to the bottem list as well


Updated!

[quote name='Danyel y Miguel' date='Feb 24 2008, 10:57 PM' post='1607966']
ok i didnt know you were filling k-3 sorry! but i've put the people sending both under both categories, to watch the noa's from the I-130 & I-129f in seperate categories. so i added you to the bottem list as well


thank you so much! so is it just me or are things really going well? NOAs are coming soon. hope the following steps will be just like this!

well i recieved my I-797c noa1 today and apparently im california! which is a shock...i thought it was vermont, by the back of my check but apparently not....

i also tryed to check my case online, and its not there

is calif or vermont moving quicker for these

it definitly looks as if vermont is faster....i was definitly hoping on vermont myself..

i was thinking from others calif might be faster as i know one girls was at vermont for 9 months with nothing then it was transf to cali (what ever reason) and they got cleared within a month there

well from what i've been reading, vermont is farther along, and alot more noa2's have been coming out of there.

I just got my NOA1 in the mail today.
It was dated 2/21/2008

I just got my noa1 in the mail today and my check hasnt even made it back to the bank yet!! I guess mine was sent to cali. too. I hope everything else goes smoothly!

Oh Boy!! lots of noa1's!! who's all at california with me?

well i wasnt able to check online status, but its there now! oh boy! lol last updated was today, but im sure that was just from them putting it into the system, because earlier i couldnt see it online.



Updated!

Im so excited but nervous now I thought I would have to wait longer for just the first one, now I need to make sure everything is ready, what do I do next while waiting for the noa2? I cant believe it came so fast.If I went the k3 I would know what I do next but I decided to go cr1.

yes i know what you mean, originally i was going to go the k-3 route as well..... so i guess now we just sit and wait haha im sure there are forms and things we could be getting ready, but personally if i was to start that stuff now i would be done with that and the wait for noa2 would feel longer

hahahaha thats where i am but i'm only waiting for my noa1 so i'm going very insane. the only thing that is keeping me busy is the part time work im doing, planning my husbands trip out here in may and the birth of our first baby in june. god alone knows the lenght of the procedure i have to go through to get her american passport and birth certificate. i just found out my husband and i will have to go in for an interview (with our newborn daughter) at the usa embassy here in south africa to prove she's our daughter to get her passport so she can travel with me.

this is crazy, i feel like a circus animal being forced to jump through ring of fire after ring of fire!!

Hi all!

Vernon Family: OMG. I'm so sorry to hear about your travails!

Danyel y Miguel: thank you for the keeping this thread going - the discussions here have led us to an epiphany! We were originally intending to apply for the K-3 first, but now have reconsidered going with the CR-1 route. I'm going to reassess our situation in the meantime just to make sure all is well on our side with respect to paperwork.

Well, I specifically joined to add more 'N' to your stats! So....

Country of spouse: Canada (Can't wait to be together!)
Married on 12/17/2008 (secret...the "real" wedding is coming soon!)
USPS certified/return receipt I-130 on 2/6/2008
Received on 2/10/2008
Check cashed on 2/20/2008
NOA1 Received on 2/25/2008 (postmarked on 2/20/2008)

Many thanks & good wishes!
-d

wow i cant belive you have to do all that to get your daughters passport & birth certificate thats crazy...they really do make it more difficult than they have to for this... i mean really, next they'll want proof that the baby is yours and that you actually carried it! its nonsense!







Welcome!!! thanks for joining us in our journey i added ya to the list


Updated!

Got my NOA1. I'm in Vermont Service Center and can view my case status online.

Well all I have to do now is to wait. Hopefully the wait is not gonna be too long for all of us.

Congrats on getting it i think were all hoping that its not going to be too much longer for us!
p.s would you guys rather i make this list of us all on an off-site so that i dont keep updating it on here? lemme know, i see the board constantly cluttered with these posts from me lol but i like being able to update it now, because i know soon once we all get our noa1's it'll be a loooong time (hopefully not too long) before it needs any updating! lol


Updated!

Hi D&LN - just wanted to tell you that your situation is similar to mine, although my husband and I have yet to file the I-130. I'm just here to learn right now! I'm the Canadian spouse. My hubby and I secretly married in Vermont on 3/16/2007, and our "real" wedding is supposed to be coming up (don't ask why we haven't filed yet, we have been so clueless this whole time...). Might have to postpone it Just wanted to wish you luck, I will probably be looking to see how your case is going!

Good luck to EVERYONE!

Our application arrived in Chicago on the 25th 1:43 so guess we are on our way now with you guys

ok so yesturday my case showed last updated was 2/25/08... and that was to put me online i know because earlier in the day i couldnt check it, and by the later afternoon i could...


i just checked it and it now says 2/26/08...

does that mean it was touched? and if so CRAP now im worried...WAYYY too early to be touched...i hope i dont get an RFE

i wouldn't worry too much it might not have been a "bad" touch. maybe it was just being sorted in california, cause they had to move it from chicago and once it's received in cali they have to make note of it. keep checking your status and if they keep touching it without changes being made then you might have something to worry about. however i know a couple who had their case touched more than 10 times before anything happened on it and never received any bad news. keep us updated on how things are going!

as for the proof that she is our daughter, they have already told us it might be required by the American embassy to prove she's my husbands daughter. they apparently can ask for dna proof in order to establish citizenship. i guess along with problems of people getting married only so they can obtain a green card, they have had problems with people going to other countries and adopting children and them claiming them as their own so they get automatic citizenship.

My husband and I are trying to see what we need for the I-129F and I found this on the site (preparing the I-129F).

1. Payment as required by USCIS (I-129F petitions for K-3 status filed on/after July 30th 2007 have no fee since the I-130 cost was increased). Use a check so you can track the payment.
2. Cover Letter. Should include a description of what your are petitioning for (K-3 Visa), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
3. Copy of I-130 Transfer Notice (indicating where your underlying I-130 petition was routed to after it was filed at the appropriate Chicago Lockbox).
4. Form I-129F: Petition for Alien Fiance(e). This form may be used to obtain a K-3/K-4 visa for your alien spouse and her or his child. Fill out the form as directed, except assume that "fiancé" or "fiancé(e)" means "spouse." answer Questions B.17 and B.18 by stating "N/A." Note that filing this form is only necessary to facilitate the entry of your spouse and her or his child as a nonimmigrant.
5. G-325A (all four pages) filled out by the US Citizen signed and dated
6. One passport-type photo (see specification) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of <US Citizens Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
7. G-325A (all four pages) filled out by the foreign fiance(e) signed and dated
8. One passport-type photo (see specification) of the foreign Spouse. Write the full name of the foreign Spouse on the back. Place in a plastic bag and label the bag "Photo of <Foreign Spouses Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
9. Copy of the Birth certificate for the US Citizen (front and back) or a copy of ALL pages of the US Citizen's passport or a copy of the US Citizen's naturalization certificate (front and back). This is used to establish citizenship.
10. Copy of the NOA1 from the I-130
11. A copy of your marriage certificate (If not in English then again get a translation)
12. In regards to Section C Question 2, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See section 9 of the I-129f instructions for more information.

We only sent our I-130 and not the 2 petitions together What exactly of tehese documents do we need to send. We icluded most of them (passport photos, G-325As) with the I-130. Do we have to send the entire package again?

How are you all doing? Lots of NOAs. We still haven't received ours....

thanks

im pretty sure that you have to send all of that again. because its a seperate petition. dont quote me on that, but im pretty sure. cause even if you read the k-3 guides it states to send all that again.

Thanks for the well wishes! Hmmm...like two peas in a pod! However, I'm the US Citizen.

I'll definitely keep you (and everyone else) updated. As for filing, IMHO do it ASAP! (Maybe others would be willing to comment pro/anti?) From our perspective (not to scare you), our wedding ceremony date has moved around a bit due to concerns with immigration - it's still in flux! In fact, we're approaching it from both sides - I'm also applying for the Canadian PR concurrently (yay! I just had my med exam performed by the DMP today!) just in case since the ultimate goal is to be together after the ceremony.

It did take awhile to create the packet (supporting info, etc.), but one concern I had before doing so was whether or not we would even be able to visit each other while the process was pending. I talked to one of the US immigration officers in Ottawa (as well as perusing the forums here) and he assured me that as long as she showed strong ties to Canada (job, lease, bank statements, etc) that it would normally be no problem with US visitations - he actually said, "why would you jeopardize your chances of immigration?" which made sense to me. Likewise for me going the other way - I now have a packet I've "developed" for traveling to see her! Anyways, that talk pretty much sealed the deal for us sending the paperwork through. (Actually, the guy stamped a B-2 visa with an expiration date of Aug-12 on her last visit this month!)

Although after reading some of the posts here, I feel as though I should have included photos in the packet. I included a notarized affidavit, sample mail correspondence, sample travel plans between our two cities, a sample phone bill showing our numbers, beneficiary statements, and receipts and tickets for trips taken together. Maybe I'm just being paranoid?

OK, enough blabbering.

Danyel y Miguel: I also noticed that my case was "last updated" on 2/26/2008...Is this the 'touch' everyone keeps referring to?

Just my 2 cents, keep the list posted here!

Off topic....Now, I'm trying to cope with the tax ramifications for 2007! If you think immigration laws are crazy, wait until you read IRS Pub 519. Oh vay! Anybody dealing with this yet?

when the "last updated" changes on your status, thats a touch so yep. we've officially been molested haha

so what is the IRS Pub 519???? dont know if im dealing with that yet cause i dont know what it is haha

was looking over at the other febuary thread and noticed people gave their updates over there, so i updated the list.


Updated!

I know, we have to file asap. With regards to your ceremony date constantly changing, I think I'm going through that right now. My hubby and I were so clueless and naive when it came to immigration laws and I ended up being denied twice at the border within this past month. Of course, we had planned our whole wedding already...I was planning on going to the POE tomorrow with a bunch of documents (not to cross the border, just to talk to them - called that POE last week and a friendly officer suggested that I come talk to them) - from all of our wedding arrangements, to a letter from my employer & T4, bank account info & a letter from my bank...also, a doctor's note for his great-grandfather, who has several serious illnesses. All I want is to go through with our plans and then come back to Canada.

I still had the tiniest bit of hope...but in the past week, we've been talking to an immigration lawyer in the US - she found out what they had written under my name...no violations or charges (thank God), but they DID list details of my denials. When I was denied, we only said we were engaged, not married (out of fear - in hindsight, not sure if that was a great idea..).

Based on all of that, the lawyer advised AGAINST going to the border. She said that it was a long shot and that if I tried to admit openly that we ARE married, that the officers at the POE might charge me with fraud (for my previous denials, when we said we were only engaged).

I think that's enough to keep me here. I'm completely depressed. I know that we were ignorant of immigration laws, but we are really paying for it now.

Will I get in major trouble for the denials? If I say, "failure to prove non-immgrant intent" and someone looks into it, I just have this sinking feeling that the visa will be denied.

Sorry for venting, but I just got the bad news from the lawyer and am trying not to cry at work (yes, I go on VJ at work...oops)...

I honestly know nothing about the denials and what they can and cant do about it. I would however take the lawyers advice seriously, they don't tend to lie about this kinda stuff. I hope you can figure things out and are able to see your hubby soon, it's been 70 days since I've seen mine so I know how you must be feeling right now. Don't worry about venting on here, that's what we're here for. We're all in this together and if we can't vent to one another who can we vent to? Good luck...you're in my thoughts!!

Well I'm a new one to join the February group. My husband and I were not prepared for the long journey we were about to begin when we decided to apply for his visa. So, the I-130 was sent Valentine's day (isn't that sweet:) and the check was cashed and I received our NOA yesterday (Feb 26).

Now we wait. Is everyone moving to step #2 and applying for I-129 right away or not?

I'm glad to be on the journey with all of you!

Spring

Thanks, I'm rooting for you, too!! I am definitely taking the lawyer's advice and staying put. She seems very knowledgeable and competent - not to mention that her advice just makes SENSE. I would absolutely love to have the wedding next month, but it's not worth the risk of damaging the situation further. I just have to focus on doing all of the paperwork ASAP (and thoroughly) to get me down there hassle-free!

I'm SO grateful to have found this site. You guys give me hope. I felt horrible today, but I know things will be okay...

I think I've decided to go the CR1 route. Can you move me to the other column?
Thanks.

ok its updated! Welcome to the February group Springlett!!


Updated!

not everyone here is going to apply for k-3. I personally am not. it seems by reading all over the forum that the k-3 is being cancelled. its not a FOR SURE thing, (meaning it hasnt been posted on the USCIS website) but if you take a gander around the site and read, you'll find alot of peoples were cancelled. because the CR-1/IR-1 is seeming to be approved quicker than the I-129 and therefore they cancel it. apparently the only thing the k-3 now does for you is slow you case down. soooo thats why I'm not going that route.

if i were you i'd read up around the site a little and make your decision. IMHO.

Updated!

Hmmm....not sure if I like the gov't doing that! LOL.

As for IRS Pub 519 http://www.irs.gov/publications/p519/index.html , it's the tax guide for "Aliens" (nice, huh? They call our spouses that....sheez).
Be prepared to file as a married couple for your 2007 taxes if you were married before the end of 2007 (i.e., 12/31/07) b/c both the USCIS and IRS don't see eye to eye.

The foreign spouse can be taxed for wages earned in the US. I think for most cases, it's simple. But it can be tricky as in our case. We both have our separate careers in our respective country - she claims her tax home as Canada and I claim it here in the US. *BUT* I have to file as 'married' - probably 'married filing separately' b/c of our two independent incomes. However, there is an option to file jointly that you can elect to do - in our case, it's not so advantageous b/c it would be based on our 'world income' which is non-trivial. So I'm a bit paranoid as to whether or not I need to prove to the IRS through her work/finance documents that all her wages are purely Canadian-only....? Anyone else experiencing this part yet?

Anyways, I'm still searching. There's some useful tax info on this forum and site, but I'm almost tempted to file (for the first time in my life) with a tax professional b/c our situation isn't so clear cut...esp. since the IRS publications are so well-written! [note, sarcasm]

yea thats one thing im worried about, i filed single in 2007 not knowing there was a way to put him on my taxes without a SSN. I'm really hoping that doesnt effect my petition to get him here. I've already filed, & recieved taxes and what not so i dont think theres much i can do to change it, and like i said im just hoping it doesnt make a big difference.

Don't worry. I know things will work out in the end!

Likewise, I'm always glad to provide *virtual* support!

We've dated for 2+ years long distance...and we've basically spent the last 1.5 years just trying to get to the same city. This whole visa process has been neither conducive to nor easy on our relationship...but she is an amazing individual and I have to keep reminding myself about that (which isn't too hard!). I think that in then end, these processes really make relationships like ours stronger in the end b/c of all the cr@p we have to put up with. Anyways, hang in there!

BTW, there have been times that I've come *so* close to hiring a lawyer. The anecdotal stories I keep hearing at the border really point to the current flaws in the system - there just seems to be too much power put into the hands of a few individuals. Some individuals are okay, while others seem to flaunt their power. But it sounds like you're thinking about all the right stuff - lawyers, visa, etc...

Enough said! I'll just continue sending you good thoughts!

Guess who's got an NOA1 ? Received 02/27/2008 (notice date 02/20/2008) processed in California.

This is where it all begins, huh? We just got off the phone with uscis and they approximated 6 months untill it's all over and I can be with my beloved husband. I hope it will be like that...

Wishing you all the best! Keep in touch!

You should be able to file an amendment to it - it's never too late! The advantage is that you might get back more $$'s - maybe enough to offset some of the $$'s spent on this process! I believe even 'married filing separately' should give you a higher amount of deductions than only 'single'. Married filing sep. would just involve filing another one for your spouse - (one can always do an extension to get a tax number - W-7 form if they have US wages). PLUS....I've heard that a copy of previous IRS tax forms (2007, etc) might be needed in the interview! Maybe someone here knows for sure?

woohoo congrats on the hardcopy! wouldnt that be nice 6months... im hoping for shorter myself haha

In our little family my husband is the optimist one... I am really afraid it will take longer, but he's thinking in a few months I'll be with him.

Thank God and all of you for this way of communication. Makes things so much easier to understand and follow..

Hello, can you add me to for this thread, we are aplaying for K3 visa. I can't find february filers for K3.
I-130 sent 02-11-2008
NOA1 02-20-2008
now preparing documents for I-129F

hello!

I see that you have the similar times as we. We mailed I-130 on 02-11-2008, NOA1 was on 02-20-2008, and we received NOA1 by mail 02-26-2008, from California Cervice centre.
Now we are preparing documents for I-129F.

Do you now, maybe, about fees for I-129F? I reed that now is no fee for I-129F if you have NOA1 for I-130.

I'm happy for this site, becouse we wanted to do everething by ourselfs, and I see that you need more and more informations, and here I think you will find everething you need for.