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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

macburt
Hi Everyone...Welcome to us!!!

After much consideratin we married on August 20/06. Then off to the lawyer on August 23/06 to file our K-3 Visa and our I-130 and I-129F both at the same time. Doing this ...we stop the I-130 so that we can be interviewed in Seattle and Vancouver BC Canada. We should recieve our receipt within 30 days and our interview within 120 days for the next step.

We are told that I need a medical and fingerprints piror to the formal interview.

this is just the start of our process.... more to follow kicking.gif
crifever
Welcome aboard smile.gif

One thing that confuses the hell out of me is this 'filing of I-129F anf I-130 at the same time'; how is this even possible if the NOA1 of I-130 application is a prereq to filing I-129F for K3??

I have read about another member who has done this too. Can someone shed some light on this?
*Marilyn*
I don't think it can be done because you need to send in the NOA1 from the I-130 with the K3 application... blink.gif
Chris and Mariana
Welcome to this fun and amazing journey.

I am also confused about how you can file both at the same time.

Either you have a really GOOD lawyer or a really bad one. No offense, I have a really bad one.

Good luck and Have fun (be patient)

Chris and Mariana
ae4ever
QUOTE(macburt @ Aug 26 2006, 10:41 PM) *

Hi Everyone...Welcome to us!!!

After much consideratin we married on August 20/06. Then off to the lawyer on August 23/06 to file our K-3 Visa and our I-130 and I-129F both at the same time. Doing this ...we stop the I-130 so that we can be interviewed in Seattle and Vancouver BC Canada. We should recieve our receipt within 30 days and our interview within 120 days for the next step.

We are told that I need a medical and fingerprints piror to the formal interview.

this is just the start of our process.... more to follow kicking.gif


Shoooooooooot. Another example where lawyer knows less than VJ members!!!!!!!!!!!!!
Dear macburt I am so confused about what you have stated. you say, "we stop the I-130 so that we can be interviewed in Seattle and Vancouver BC Canada." how can you be interviewed at both?????????
sounds like your beneficiary (person getting the visa) is in U.S. already. But for K3 your beneficiary must reside outside U.S. and must be interviewed outside U.S.
here are steps to be taken before you get to medical and other stuff........
you MUST FIRST send I-130 to service center, then
recieve reciept notice for I-130, then
attach a copy of that reciept notice, with I-129F and send it to chicago, then
wait for I-129F approval, then
I-129F goes to NVC, then
NVC sends it to consulate, then
consulate sends packet 3 and interview date to beneficiary (person getting the visa)
then.......................
you go for medical

I know its confusing. All I can say is that u made a good decision coming to VJ. Welcome and please guides6ly.gif
snz1802
kicking.gif Welcome to VJ and wishing you a speedy process
Jersey Girl
macburt, we're all hoping you misunderstood the lawyer. He/she may have gotten you to fill all forms in advance, but will submit them in the correct order, not simultaneously! It may be the lawyer's strategy to pursue the K3 and adjust status in the U.S. Is this correct?

We're hoping your Canadian wife is waiting in Vancouver and that you live in Seattle. Is this correct?
meauxna
There are a few of us who have wondered if 'proof of mailing' the I-130 would satisfy for the I-129f, but I thought it had been settled in the negatory. People: remember that the lawyer may know more than us!

To the OP: I wouldn't count on that 120 days to an interview business---timelines can be VERY unpredictable (er, anyone here care to testify to *that*? lol).
*Marilyn*
Got this from the USCIS site...

QUOTE
How Do I Apply?
So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file Form I-130 on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen’s place of residence. The citizen petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130 has been received by the USCIS. The citizen should then file a copy of this I-797, along with a Form I-129F on behalf of the alien spouse and any children, to the following address:


http://www.uscis.gov/graphics/howdoi/hdiknonimm.htm
crifever
So thats our answer right there. You do need the NOA1 of I-130 before doing anything with K3.
nakashima ayumi
I am so confused unsure.gif Anyway welcome to VJ and read the guides laughing.gif

Hoping for a speedy process good.gif
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