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I-130 Questions

#1 jkf2112

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Posted 29 October 2012 - 10:45 AM

Hello all. I am new here, but I am marrying my fiancé in January in Bucharest Romania. We will then be filing the I-130 for her and her two children. Will I be filling out an I-130 (and paying the applicable I-130 fees) for all three? And if so does that mean that all of them may be approved at different times and have different visa processing times? Likewise, if the children are very young will they be required to do subsequent interviews? Some of this is confusing to me.

Thank you!
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#2 Alaska2012

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Posted 29 October 2012 - 11:10 AM

Hello all. I am new here, but I am marrying my fiancé in January in Bucharest Romania. We will then be filing the I-130 for her and her two children. Will I be filling out an I-130 (and paying the applicable I-130 fees) for all three? And if so does that mean that all of them may be approved at different times and have different visa processing times? Likewise, if the children are very young will they be required to do subsequent interviews? Some of this is confusing to me.

Thank you!


You do need to fill out a form for each person, so yes 3 forms. If I'm not remembering wrong you do pay the fee for each person you are filing for. From my own personal experience my sons and my application were processed together at the same time even though I did get two case numbers. They will need to attend the interview but they will not be asked questions on their own. My son was standing next to me during my interview and the only question he got was if he looked forward to moving to the us.

Make sure your wife has a document stating she can move the kids to the us, a consent from the kids dad or a document saying she got sole custody.

Good luck!
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Noa 1 August 15th
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

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#3 PhilC

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Posted 29 October 2012 - 11:10 AM

Fill out forms for each person. Request all the applications be processed together(they will). They only have to attend interview if they are older then 14 years old. All will require medical regardless of age.
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USCIS:
03/29/2012 - I-130 Sent
04/1/2012 - NOA1 Received
06/25/2012 - NOA2 Received (88 Days)

NVC:
07/31/2012 - Case arrived at NVC (36 Days from USCIS to NVC)
08/16/2012 - Received case #, IIN, gave e-mail addresses
08/18/2012 - E-mailed DS-3032
08/23/2012 - AOS bill invoiced & PAID
08/27/2012 - AOS bill appears as PAID
08/24/2012 - AOS Package sent
08/XX/2012 - AOS/I-864 accepted
08/23/2012 - DS-3032 accepted
08/28/2012 - IV bill invoiced & PAID
08/30/2012 - IV bill appears as PAID
08/28/2012 - IV Package sent
09/07/2012 - REF Forgot bar code cover sheet in AOS packet
09/08/2012 - Mailed REF will be there Monday Sept.10th
09/25/2012 - Case Complete
10/30/2012 - Medical in Kyiv....All good
11/27/2012 - Interview date
In AP.
01/15/2013- Call from Emb####


#4 Alaska2012

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Posted 29 October 2012 - 11:14 AM

Fill out forms for each person. Request all the applications be processed together(they will). They only have to attend interview if they are older then 14 years old. All will require medical regardless of age.


No they have to attend the interview even if they are under 14, those were the rules in may anyway and I doubt they changed since then. Unless there are different rules for different countries but then embassy in her country will be able to inform you on how they do it.

Edited by Alaska2012, 29 October 2012 - 11:16 AM.

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Noa 1 August 15th
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!!

#5 jkf2112

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Posted 29 October 2012 - 11:36 AM

Thank you all for the answers. I am wondering, advice-wise, are we better to file K1 instead? Our marriage will obviously be relatively short at the time of filing and CR1 takes longer, although an attorney friend of mine has seen Cr1 as short as 7mo? I have been providing financially for them for a long time so that may help? Any advice will be very much appreciated.
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#6 jkf2112

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Posted 29 October 2012 - 11:40 AM

Fill out forms for each person. Request all the applications be processed together(they will). They only have to attend interview if they are older then 14 years old. All will require medical regardless of age.


Is there a separate form to request they are all processed together?

Also, go you know if you can pay all the fees and submit all documents immediately after I-130 is approved or do you have to wait for NVC to send you the bill/forms?

Thanks!
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#7 gstrength

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Posted 29 October 2012 - 04:58 PM

Thank you all for the answers. I am wondering, advice-wise, are we better to file K1 instead? Our marriage will obviously be relatively short at the time of filing and CR1 takes longer, although an attorney friend of mine has seen Cr1 as short as 7mo? I have been providing financially for them for a long time so that may help? Any advice will be very much appreciated.

If you get married you can not file K-1, If you file K-1 your wait time will be shorter but, you will have to marry within 90 days, and then start your AOS, EAD,etc. which translates into about a $1,000 extra, plus, around 90 days for your fiancee to be able to get EAD plus whatever it takes for the I-485 to work its way trough USCIS,and, keep in mind she will not be able to travel outside the USA without advance parole, So, I would rounded it up to about 9 months (plus the 3 or 4 Mos. you have already waited to get the K-1). If you go the IR-1/CR-1 route, it may take you 8 or 9 mos. but, as soon a your wife goes through POE,she gets a green card. I am posting a link that may help you to make a decision.
http://www.visajourney.com/forums/index.php?autocom=custom&page=compare
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#8 jkf2112

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Posted 29 October 2012 - 05:27 PM

Is it possible, still, to DCF?
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#9 gstrength

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Posted 29 October 2012 - 07:34 PM

Is it possible, still, to DCF?

depends on your country
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#10 jkf2112

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Posted 29 October 2012 - 08:34 PM

Romania. And thanks again.
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#11 jkf2112

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Posted 29 October 2012 - 09:15 PM

Finally, does k2 visa have to apply for change of status etc? If not would the k1 visa be less expensive AND faster than cr1 with 3 I130s?
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#12 gstrength

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Posted 29 October 2012 - 09:51 PM

Romania. And thanks again.

are you a Legal resident of Romania? If you are, then it might be possible but,Countries with U.S. Consulates Which DO NOT ALLOW DCF by Non-Resident Visitor U.S. Citizens (such as Romania)as a General Rule Under Normal Circumstances. (Exception: The Consulate has Inherent Discretion to Accept DCF Processing in any given case. Thus, if after contacting the Consulate directly about your situation, and if Consulate represents that it will process your particular case DCF, then under normal circumstances you should be able to rely on the representation. Keep in mind that circumstances and representations are subject to change with little or no advance notice, and thus any reliance is ultimately at the petitioner's risk.
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#13 gstrength

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Posted 29 October 2012 - 10:00 PM

Finally, does k2 visa have to apply for change of status etc? If not would the k1 visa be less expensive AND faster than cr1 with 3 I130s?

--o The K1 visa enables US Citizens to bring their foreign fiance(e)s to the United States in order to get married.
--o The K2 visa allows unmarried children (under age 21) of the fiance(e) to move to the US as well.
The K1 visa is not an end in itself. It is only a single step in a procedure for obtaining permanent residency (a green card) based on a marriage to a US Citizen after entry.
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#14 Ryan H

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Posted 29 October 2012 - 11:59 PM

Is it possible, still, to DCF?

Romania. And thanks again.


There is no USCIS field office in Romania and because of that, DCF is unavailable there.
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September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

#15 LauraDP

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Posted 30 October 2012 - 05:46 AM

My husband submitted I130s for myself and my four children earlier this month. We put each set of papers into a separate envelope and filled out the payment forms for each of the five petitions but then parcelled all of the envelopes up into once parcel so as to ensure they were clearly seen to be one group. We had to contact the London Embassy because they had missed one of the payments but we had it confirmed then that they will be treated as one case. Our situation is a little different in that my husband (the USC) is the father of all four of our children. You will probably have to evidence that the father of your future wife's children is not a block to them relocating to another country. I obviously have not experience of that I'm afraid but I am still pretty confident that the USCIS will bundle the children's I130s in with their mother's one. Incidentally, I am pretty sure that my children will have to attend the interview with me so I think you should work on that assumption.

Best wishes

Laura
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