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Confused about which embassy

By soza in K-3 Spouse Visa Process & Procedures

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soza Rookie

soza   0

Posted
Filed: K-3 Visa Country: India
 Timeline
Posted

Hi All,

Ive been searching VJ for an answer to my question but cannot find specific info for my situation. My non-USC wife and I (im a USC) got married in Toronto, Canada but she is a citizen of India and currently living in India. I filed the I-130 for my wife via the Calif Service Center back in September 2009. If I get approved, which US embassy/consulate will the NVC forward my case to? Canada or India? If it is Canada is it advisable to change the embassy to one in Inda since that is where she currently is?

Ive been getting different answers form the NVC and USCIS customer service.

Appreciate all your help!

Sid

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted
Hi All,

Ive been searching VJ for an answer to my question but cannot find specific info for my situation. My non-USC wife and I (im a USC) got married in Toronto, Canada but she is a citizen of India and currently living in India. I filed the I-130 for my wife via the Calif Service Center back in September 2009. If I get approved, which US embassy/consulate will the NVC forward my case to? Canada or India? If it is Canada is it advisable to change the embassy to one in Inda since that is where she currently is?

Ive been getting different answers form the NVC and USCIS customer service.

Appreciate all your help!

Sid

It depends on what you wrote on the form. If you wrote that she is living in India then it will be sent to India. You could get married in Antarctica but that's irrelevant to the process, where she's living is what matters.

Hope that helps.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

canadian_wife Grand Master

canadian_wife   1,823

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

How did you answer question #22 on the I-130?

If your relative is not eligible for adjustment of status, he or she will apply for a

visa abroad at the American consular post in: __________________________

Since your wife is not in the US (and unable to adjust status) she will interview in a post abraod, I believe in your case it will be India since she is not currently living, working, or studying in Canada.

You posted this on the K-3 forum, the K-3 is administrativly dead

Good luck.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

soza Rookie

soza   0

Posted
Filed: K-3 Visa Country: India
 Timeline
  • Author
Posted
How did you answer question #22 on the I-130?

If your relative is not eligible for adjustment of status, he or she will apply for a

visa abroad at the American consular post in: __________________________

Since your wife is not in the US (and unable to adjust status) she will interview in a post abraod, I believe in your case it will be India since she is not currently living, working, or studying in Canada.

You posted this on the K-3 forum, the K-3 is administrativly dead

Good luck.

Hummmm..... It appears I answered that question as N/A and the American consular post in:_______ part blank. I was assuming that entire question did not apply to me. I hope this does not delay my processing as I have not yet received any RFE's. I listed her old Toronto address in the I-130 so it is advisable to request an address change for my beneficiary? Will it delay the approval?

Thank again!

canadian_wife Grand Master

canadian_wife   1,823

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

I suggest you update the petition to include her Indian address as her current address.

Good luck.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

pushbrk Grand Master

pushbrk   12,969

Posted
Filed: Other Country: China
 Timeline
Posted
How did you answer question #22 on the I-130?

If your relative is not eligible for adjustment of status, he or she will apply for a

visa abroad at the American consular post in: __________________________

Since your wife is not in the US (and unable to adjust status) she will interview in a post abraod, I believe in your case it will be India since she is not currently living, working, or studying in Canada.

You posted this on the K-3 forum, the K-3 is administrativly dead

Good luck.

Even if K3 were not administratively dead, the K3 would have to be issued in the country the marriage took place. If her current address on the I-130 shows as India, they'll send it to the appropriate Consular post in India.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

lucyrich Proficient

lucyrich   20

Posted
Filed: IR-1/CR-1 Visa Country: Venezuela
 Timeline
Posted

If the marriage took place in Canada, then the only place a K-3 visa can be issued is in Canada, regardless of what embassy is requested on the I-130, and regardless of the residence/citizenship of the alien. See INA 214®(2).

On the other hand, a CR-1 or IR-1 visa could be issued at any consulate that will take the case. Normally, the paperwork for one of those immigrant visas would go to the country of the alien's residence. They'll probably try to honor the request on the I-130.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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