Hello,

My wife's waiver is approved on 2/21/07. So it is a big relief for all of us. However, I am bit unclear on what to do next.

The I130 was approved (1 week) prior to the approval of the waiver. I did not send the fee to start the I130 processsing. I was thinking that I would wait for the decision on the waiver.

Now that the waiver is approved, what should I do?

1. I130 -- I was thinking of not to start I130 processing. I would do it once she is here with me. Will this work?
2. Now the waiver is approved, what are the next steps? How long will it be before she comes here?

Any insight will be helpful

Regards,

I failed to mention that my wife is in Canada. The Waiver was approved from Vermont Service Center.

HMG, do you mean that your I-129 waiver was approved instead? Did you submit your fee for that? I don't quite understan the approval of your I-130 if you guys didn't pay the fee for it. I know that when my husband and I submitted our I-130 the fee went with it. You could call Montreal and talk to someone there.

HMG, do you mean that your I-129 waiver was approved instead? Did you submit your fee for that? I don't quite understan the approval of your I-130 if you guys didn't pay the fee for it. I know that when my husband and I submitted our I-130 the fee went with it. You could call Montreal and talk to someone there.

I might be wrong here and someone will correct me if I'm wrong but I believe that the approved waiver is sent back to Montreal and the Embassy will contact your wife for her passport. They will put the documentation into the passport- the approved I-130 or what you filed and than she goes through port of entry and gets processed there. I'm not sure how long that will take- probably 1 to 2 weeks is my guess. Call Montreal and talk to them. I hope this has been helful.

HMG, I am wondering about your time line? When did you submit the waiver? How long from the time the waiver was submited to it's approval? Thanks

Initially, I applied I-130 for my wife. After receiving the first NOA, I submit I-129F with first I-130 NOA. Then, we had our interview on October 12 in Montreal for I-129F (K3). The visa was denied due to her overstay. I submitted the waiver on that day. It was received by VSC on November 20, 06. The waiver was approved on Feb 21, 06.

However, the I-130 was approved 2 weeks before the approval of waiver. At this point, I did not start the send I130 fee to start the processing.

1. Should I wait to process I-130? If I wait, are there going to be problems?
2. What will happen next in terms of Montrea? How long will it take before she gets her visa?

Regards,

Hey HMG,

Have you or your spouse heard anything since your waiver approval? Did the wiaver come through the mail yet? Have you tired contacting Montreal or did Montreal contact you that the waiver was approved? just curious to see what happening. I would really like to know how the POE goes, when your wife goes through. If she has any problems with the POE post waiver approval. Any word on your I-130? Has it been approved too?

My wife recieved the waiver approval letter in the mail. Afterwards, it took about a week for it to reach Montreal. Then Montreal called me to let me know that they need her passport, which we sent yesterday. At this point, we are waiting for them to return the passport and hopefully that would be it.

My I-130 is already approved but I have not start processing until she comes here.

If she comes in on a K-3, you will adjust status to Permanent Resident when she gets here, having nothing to do with the I-130.

If Montreal simply had the I-130 paperwork transferred directly to them instead of staying at the NVC, then she will already be a Permanent Resident, and you will be done until the end of your CR-1 period.

You need to email Montreal at montreal-iv-dv@state.gov to get more information. Make sure to put your case # in the subject line. If you have already sent in the passport, then they should send you her passport with visa any time now. All you need to know is her status (which will also be obvious as soon as you get the paperwork from Montreal.)

NOW! hehehe. I have a question. Are you saying Vermont processed a waiver in 6-months?! Which waiver?? I-601 or I-212, or both??

Our was processed in less than 5 months.

So HMG, so that mean your wife in entering the states on an approved I-129 visa? I'm a little confused on how you have an approved I-130 but you haven't started processing it? On what Visa is she entering the US?