Hi everyone, after being confused for a long time, and calling uscis, and every time getting different answers, I finally got told at my local office that I need to apply for a k-3.
I am currently in US on a visa waiver (I-94 W), and today the lady at the office told me that that could be considered a visa fraud, because as soon as I came in me and my husband filed the I-130, plus affidavit of support, EAD, and biometrics (if I remember right).
After doing some research on the K-3, I saw in the guide that I am going to need a copy of my I-130 for my interview in Brazil. My question is, what do I do if I don't have a copy of it all? I mean, I have a copy of the receipt we received in the mail, and I even showed it to the lady at the office and she said that's what I needed to file the application.
I got confused about my interview part, I don't know how to get copies of those applications since we already sent them in february! All I have is NOAs that I got in the mail. Is that ok or do I need to do something else? I know my interview won't be until a few months, but I want to have everything ready for when the day comes.
Any help would be appreciated!

Rena Kasch,

Prudence dictates that one should keep a copy of everything that they submit throughout the immigration process. It's apparently too late for your initial submissions, but keep this in mind going forward.

You don't say if you've submitted an I-485 application for adjustment of status, something that would normally be submitted along with the I-130 in your situation. Nor do you say if your husband has submitted an I-129f petition for you.

You should be getting your legal advice from an immigration attorney, not from the USCIS. Have a consultation to discuss the details of your situation before you complicate it any further.

(BTW, my wife did not need a copy of my I-130 submission for her K3 visa interview.)

Yodrak

if you're getting ready to send in the I-129F for the K3, you just need a copy of the NOA from the I-130 to send in with it. The I-129F petition for K3 is dependent on the I-130 having been already submitted, so you just need proof of that on the NOA. Send them a photocopy, not the original you recieved in the mail.

If you're already out of status from your visa waiver visit, then you may need to look into filing the (I think) 601 Waiver after your interview. And you need to consider you will have to return to your home country to wait out the rest of this process, and with the waiver, it could take quite a while. See the Waiver forum here for more info.

If you have already submitted the I-485 for AOS, this will complicate your K3 process, so as Yodrak suggested you may want to see an immigration lawyer for some advice.

Yes we have the I-485 submitted, we sent it in february with all the others forms
And yes I am taking copies of everything from now on.

Rena, if you leave the country now and pursue a K-3 visa, it may be a long, long time before you come back. You and your husband should really see an immigration lawyer who knows family immigration (not employment only).

A K-3 is essentially to do what you've already started. Please be cautious before you file anything or leave the US. The people that work at USCIS don't always give out the right information.

my advise is from today foward ALWAYS make a COMPLETE copy of everything yu send out! Begin a file now of your whole venture. and just to be on the safe side it wouldnt hurt to bring it all to your interview incse they say they are missing something you have a copy of it with you ( helps avoid any delays) Personally I make a complete copy of any package or single peice of paper I send out and staple any receipts for postage. (Acutally I always send priority mail and have a receipt and can track it online.. definitely worth the extra charge) Good luck and best to you

Good news, I got copies of EVERY file! My husband's stepdad is a lawyer and helping us out, so now I have everything!
On the k-3, that lady at the uscis office told me to do that, I showed her all my receipts I had from all my forms and she still said thats what I have to do.
I hope it all goes well, I wish I knew about this website like a year ago :\
But thanks for all the answers, you guys are great.