How do I know which Visa I am applying ?

[jgybb 0]

My wife is American citizen, and I am Canadian citizen, we were married in California while I was on visitor visa (the default one for Canadian travelling to the US I guess)

And May this year my wife and I submitted I-130 and the bio form G325A for each of us. then she received a NOA, form I-797, I understand that if we want to apply for K-3, we need to file a copy of I-797 along with form I-129F to USCIS.

However I want to be able to work right away in the US after I move down, so how do I know if USCIS understand that we really want to apply for CR1 ?

Please help, we are really confused now.

Edited December 30, 2009 by jgybb

[christeen 966]

If you filed only the I-130 then you are applying for the CR1... If you do not want to go through the AOS and want to work when you arrive... Don't file the I-129 (which is for the K3) in many cases it will slow down your approval if you do (they hold the I-130 for the I-129 to catch up and usually approve at USCIS around the same date)... Just keep things as is and you are on your way with the CR1... review the guides and shortcuts here and get everything for NVC stage together NOW and save you some time... I got through NVC in 29 days by having all my stuff ready to send off when it was asked for....

[Darnell 8,478]

How to know? Ask yer wife. (No, I'm not being rude. Ask her, she will know )

A K-3 is never processed unless a subsequent I-129F has been filed . Did she do that?

If not, then yer gonna gave a CR-1 (IMO a superior visa type ) which will get you a GC within 45 days of POE date.

A K-3 is not allowed to work without having an EAD. A hassle, IMO.

Has she gotten another 797-C, btw? perhaps the NOA-2 notice?

Edited December 30, 2009 by Darnell

[New Beginnings 32]

Yup, if she didn't file it then you aren't applying for it.

Also, if she did file it... when you get assigned an interview date for it.. just cancel it or try to switch it to a CR-1 interview.

[Dakine 26]

a few reasons why to go with the CR-1. If you are eligible for a IR-1 then you would be nuts going with a K3!

The K3 has to adjust status which cost $1010 + $131 visas application fee.

Have to go thru the cost and hassles of getting a I-693 also.

K3 normally has to do biometrics and have a AOS interview. Time off from work cost the petitioner. PLUS the hassles of submitting the paperwork and going for the interview. Tain’t fun.. Especially if denied or questioned. Ever done a Stokes interview?

That’s the second interview if they are in doubt of your relationship.

Also a possibility of being deported. Yeah doesn’t happen much but it happens.

K3 has to wait about 90 days after they file to get EAD or GC so they can get SSN and be able to work.

CR-1 can work as soon as they get the GC and SS card in the mail. Normally with 6 weeks.

Can’t do a LOT of things without SSN. Like work or get a drivers license in some states.

Some K visas don’t get GC for a LONG time.

If the petitioner loses his/her job after the embassy interview you don't have to worry about getting a co sponsor to adjust status!

No biometrics , dealing with civil surgeons, AOS interviews, going to SSA for SS card.

I’m sure I’ve missed a few things.

Bottomline is anyone that goes with the K3 the way things are now are masochist!

Yeah I did but at that time K3s were a LOT faster. That’s not the case anymore.

Edited December 30, 2009 by Dakine

[jgybb 0]

Thank you for all hte helpful advices, guys.

But let me clearify something first:

The following document was submitted September, 2009 (not May as perviously stated):

I-130

G-325A

and I-765 (to a different address)

along with some letters written by her friends to prove we are indeed married.

Then she received the I-797 sometime in October if I remember correctly.

We didn't send in anything.

In late October, she received another letter,(I don't know the document number but I will ask her later), it was a biometrics appointment, so I flew down to hte states and got my finger prints and photos at the USCIS office in CA.

Then in November, she recevied a third letter telling us that we need to send the copy of my passport with all USA Visa as well as the biological page, so we did, and a week ago, she received a forth letter telling us the work permit was denied due to A) I came there on November for pleasure and B) I am not living the USA

But so far we havn't heard anything from NVC. I am a little worried that this I-765 form that we submitted would affect the process of CR-1, wouldn't it ?

[Malrothien 6]

I'm not sure why you would have filed for the Employment Authorization as you were not eligible to file for it. It shouldn't affect your CR1 filing, but you should be aware that it may be brought up at the interview as to why you filed for it when you were a visitor.

You won't hear anything from NVC until your I130 is approved.

[Darnell 8,478]

765? You weren't eligible to file, so of course it was denied.

Have her check her correspondence as well, it may be that she already has the approval notice on the I-130 - and if that's the case - NVC is waiting on her to call, to start up NVC processing.

Some Stuff about NVC Processing:

paper processing - http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

electronic processing - http://www.visajourney.com/wiki/index.php/...onic_Processing

The I-797-C is a general purpose form letter, it can have, as contents:

1. NOA-1 - the receipt notice or

2. NOA-2 the approval notice or

3. RFE, asking for more stuff .

Don't know whose advice she was following, to file the I-765. But do suggest, to tell her, to not follow 'that persons' advice in future. No, I'm not suggesting you follow MY advice at all - but hey - we have all kinds of guides and docs here... Join my Be A Reader campaign?

FWIW, no, processing an I-765 won't hurt the I-130 processing, but be prepared to tell a ConOff in Montreal - 'Sorry, I had no idea what to do, she filed it, not knowing anything about it, she got some bad advice from some other person (hand over yer wife's affadavit about it when you say that, btw ) '

[jgybb 0]

We didn't seek advice from anyone else but the USCIS officers, she was given the whole package by one of the officers when she visited their office.

We are living apart, so I am not sure which notes she actually received. I have shown this thread to her and she thinks that we'd be alright, she also seems reluctant to do anymore follow ups so I am just gonna leave it like that, I don't want to nag her too much she's an adult she should have known better...

I do appreciate all your helps.

Btw, Darnell, she wanted me to tell you that you "should stick your advice up [you know where]" (that's her exact words)...she thinks your style of writing is kinda rude. I personally don't agree nor care but since she insists so here I am just delivering the message. I do sincerely appreciate all of your helps thou (everybody that replied).

Regards.

Edited December 31, 2009 by jgybb

[Darnell 8,478]

me? rude? ya - i can see that, absolutely..

[New Beginnings 32]

IMHO, this is a place where you need to be open to the advice you're asking for. People aren't here to wrap the advice in a big pink bow and hand it over to you with warm fuzzies. This is a place where people will give you honest and direct opinions.

I read and re-read Darnell's post and I can't see anything in it that would be rude to your fiance. Anyway, if you didn't think it was rude... why even post that your fiance thought it was?

[Chica Yeyé 41]

We didn't seek advice from anyone else but the USCIS officers, she was given the whole package by one of the officers when she visited their office.

We are living apart, so I am not sure which notes she actually received. I have shown this thread to her and she thinks that we'd be alright, she also seems reluctant to do anymore follow ups so I am just gonna leave it like that, I don't want to nag her too much she's an adult she should have known better...

I do appreciate all your helps.

Btw, Darnell, she wanted me to tell you that you "should stick your advice up [you know where]" (that's her exact words)...she thinks your style of writing is kinda rude. I personally don't agree nor care but since she insists so here I am just delivering the message. I do sincerely appreciate all of your helps thou (everybody that replied).

Regards.

#######? You can tell her that I think she should stick up her application exactly in that same place and go elsewhere to get her questions answered.

Darnell is one of VJ's most knowledgeable members. The nerve.

[Darnell 8,478]

hey - relax - i'm easy about this. I too, remember that first day o trying to figure it all out. VJ helped a LOT with getting it all sussed out - I read and read and read and read and read..

But - I didn't bother with USCIS humans at an office - I looked up all the stuff online at the uscis web portal, then took some greenbar paper with a crayon, and mapped it all out across 5 ft o paper. Sometimes I'd make a new thing, depending on what I learned, or if there was some paradigm shift for filing (like the NVC Electronic Filing process for MTL and GUZ ) - The Guides here at VJ are so important, I think so, as well - but ..

seriously - if she thinks my style of writing to be rude, if she took as such - please let her know, that I apologize profusely, bow in the dust sorta thing. Wasn't my intention to be rude, but ya, I can fully understand that she might feel that way. I always take exception to the concept of 'this is what I was told' - as I question the source, always try to vette the data, vette the source of the data. I'm ####### about it, sometimes it shows, sometimes it bleeds over to text conversations or posts here. For USCIS employees to suggest that she file the I-765 - I'm sorry, that's just massively f*cked up - she got the wrong data from a federal employee. Period. But hey - I wasn't there, I don't know the story - and by now, it doesn't matter - Is easy, dead easy, to move on with the rest of the I-130 processing.

Knowledge Acquisition can be powerful stuff on anyone's Visa Journey. Can Be...

Anyway - good luck with the future stuff. Those 2 NVC links I gave, earlier, can be useful as the casefile moves along in the processing.

Edited December 31, 2009 by Darnell

[William33 110]

We didn't seek advice from anyone else but the USCIS officers, she was given the whole package by one of the officers when she visited their office.

We are living apart, so I am not sure which notes she actually received. I have shown this thread to her and she thinks that we'd be alright, she also seems reluctant to do anymore follow ups so I am just gonna leave it like that, I don't want to nag her too much she's an adult she should have known better...

I do appreciate all your helps.

Btw, Darnell, she wanted me to tell you that you "should stick your advice up [you know where]" (that's her exact words)...she thinks your style of writing is kinda rude. I personally don't agree nor care but since she insists so here I am just delivering the message. I do sincerely appreciate all of your helps thou (everybody that replied).

Regards.

Visa Journey is a place for people to get information from others on the immigration process. Members here have graciously answered your questions, yet you or your SO choose to insult those that help you? I suggest you withdraw your membership if this is your intended course or alternatively, show appreciation when it is warranted.

VJ Moderation

[FortLaudy 10]

Visa Journey is a place for people to get information from others on the immigration process. Members here have graciously answered your questions, yet you or your SO choose to insult those that help you? I suggest you withdraw your membership if this is your intended course or alternatively, show appreciation when it is warranted.

VJ Moderation