I'm in kind of a dilemma at this point.

I just recently sent my I-130 petition on April 19th and received NOA1 was April 29th 2008.

Currently I'm debating whether to go thru the hassle of K3 or not because it takes based on timeline just 2-3 months faster.

so my questions are:

1. How easy is to abandon your k3 process if you think its taking too long? If both I130 and K3 gets approved at same time, it means it got processed same time at USCIS correct ant not NVC? NVC will take additional 4-5 months for I130 where as K3 just stays at NVC for 2-3 weeks. I'm confused as so many ppl ask question that it got approved at same time what should I do now.. is that approval from NVC or USCIS?

2. Does she needs to be physically in U.S for me to apply as married in my 2008 TAX return (Note, I just sent my I130 on April 19th). If not, can I get ITIN for her without her physically being here? I heard some ppl saying just notarized copy of passport is enuf for ITIN but that way I can get that for anybody..whats the proof that she will be coming here.

3. If she needs to be physically here in order for me to apply for a joint return, what are my chances of getting her here on K3 in 2008.. ppl usually say 8 months..so I'm looking at december probably.


thanks a bunch for whoever replies!

See my response to your other thread. Also, check this thread, it contains good information, as well.
http://www.visajourney.com/forums/index.ph...c=111629&hl=

John

2) NO, but you will need an ITIN since she will not be eligible for a SSN

3) She does not need to be here physically....

when you file married filing joint you need to also apply for ITIN. for the ITIN you need to have a embassy notarized copy of your spouses passport...not just any notary will do (I did joint return this year, I know about this). now if you want to know about this silly "stimulus rebate" we are to get this year as american tax payers, if both parties do not have SSN's you will not get the rebate until your spouse receives SSN's and you eiter file amended return or file next year.

when you say "have a embassy notarized copy of your spouses passport...n" which embassy are we talking about Indian Embassy in U.S or American Embassy in India?

You can file "married - filing separately" to avoid the trouble with obtaining the ITIN for your spouse. If you paid a lot of interest on student loans, that may mean less money back for you, but for me it was definitely the right decision and made the process much simpler.