Bad information given about the K-3 Visa from the Nepal Embassy

[XXXXXXYYYY 1]

First of all, I sure wish I would have known about this site a month ago, before starting this extremely painful journey. I do take heart in hearing other stories of hope and almost feel a sense of community from all of us who have started our journeys into this visa hell...

Here is our story.. any feedback would be extremely grateful.

March 2010-Went on vacation to Nepal with my son and met my husband. We stayed in contact after I returned to the U.S. He is quite a bit younger than me.

May 2010 - Decided to move to Nepal. Dated my husband.

August 2010 - Legally married on August 4, 2010. Social marriage on August 27th, 2010.

November 2010 - Not being very educated in the visa process, attempted to get a tourist visa for my husband to go visit family in the U.S. for the holidays. We also started a new travel business this month. The visa was denied stating they didn't think he would ever go back to Nepal. I went back into the embassy to fight this where they told me the best option would be to get my husband a green card so we could travel as we like. I attempted to apply for this at the embassy where they told me I would have to live in Nepal for 6 months to be able to apply from there.

December 2010 - Went back into embassy to apply for green card. They then said that I had to live in Nepal for at least 6 months on a "non-touirst visa" (which did not start until August 23rd) before I could apply from there. At this time the staff from the embassy told me that best thing...and fastest thing we could do, is for me to go back to the U.S. and to apply for a K-3 Visa from there. By this time, we were already thinking of moving to the U.S. due to financial circumstances. I went into the embassy 2 more times to check on the process and was assured the K-3 Visa would be the fastest and could re-unite us within 3 months.

January 14, 2011 - I returned to the US to look for employment and to send off information for the K-3 Visa. While preparing the paperwork, I found this site and saw that the K-3 is dead!! and that this process will probably take a minimum of 5-6 months.. UGH.... I am already missing my husband so badly it's hard to think about anything else but getting this paperwork approved! Knowing that I have to get a job to be able to show support, it will be impossible for me to commute..plus the fact that it is extremely expensive and half way around the world.

I have a few questions... and looks like I made a few mistakes that I would love to have some advice on if possible.

I mailed our package from our local mailing place who ended up sending it by Federal Express (not USPS) to the Chicago Lockbox address for express couriers..

From the I-130 instructions:

For Express mail and courier deliveries:

USCIS Attn: I-130 131 South Dearborn-3rd Floor Chicago, IL 60603-5517

This forum states to send via USPS.. I sent via Fed Express... will this effect anything? has anyone else done this?

There is a 19 year age difference between my husband and myself (I am older). How much of a factor will this play in the process?

I sent in 33 pictures (including one with the US ambassador at Thanksgiving) and 10 letters from friends and family attesting to our marriage along with a letter from our landlord and business landlord. Most of the letters were not notorized as the Nepali notary will only notarize legal documents not personal letters, so instead I sent i copies of the passports of all the people who wrote letters for us. A friend who came over for our social marriage also sent in copies of her visa's where she visited Nepal for our wedding.

How strong is this evidence? Is there anything else we might need for the interview process?

I also changed my passport into my new married name while living in Nepal. Hopefully this will also be helpful?

I am so angry with the bad information given to me by the embassy regarding the K-3 that I sent them an e-mail to let them know... and I guess that I just need to follow the CR-1 process now. Has anyone else had dealings with the Nepali embassy and should I definitely not even try to submit the I-129F even though that is what they advised?

It feels good to just to be able to share this story and any feedback will be so welcomed.

I have such a heart for everyone in the world who has ever gone through this process. Being separated from the one you love is the most pain I have ever felt in my life...and to think this process could be denied, is almost unbearable.

Thank you!

[Ryan H 3,790]

I have a few questions... and looks like I made a few mistakes that I would love to have some advice on if possible.

I mailed our package from our local mailing place who ended up sending it by Federal Express (not USPS) to the Chicago Lockbox address for express couriers..

From the I-130 instructions:

For Express mail and courier deliveries:

USCIS Attn: I-130 131 South Dearborn-3rd Floor Chicago, IL 60603-5517

This forum states to send via USPS.. I sent via Fed Express... will this effect anything? has anyone else done this?

FedEx is fine. The address for "courier deliveries" would include services such as FedEx.

There is a 19 year age difference between my husband and myself (I am older). How much of a factor will this play in the process?

All I am qualified to say here is expect scrutiny from USCIS and the Embassy. People who have gone through this process already and have the large age difference can better relate. You may also need a Nepal specific answer.

I sent in 33 pictures (including one with the US ambassador at Thanksgiving) and 10 letters from friends and family attesting to our marriage along with a letter from our landlord and business landlord. Most of the letters were not notorized as the Nepali notary will only notarize legal documents not personal letters, so instead I sent i copies of the passports of all the people who wrote letters for us. A friend who came over for our social marriage also sent in copies of her visa's where she visited Nepal for our wedding.

How strong is this evidence? Is there anything else we might need for the interview process?

IMO, that is good evidence, I'm sure there are others who can offer what to add.

I also changed my passport into my new married name while living in Nepal. Hopefully this will also be helpful?

It won't hurt.

I am so angry with the bad information given to me by the embassy regarding the K-3 that I sent them an e-mail to let them know... and I guess that I just need to follow the CR-1 process now. Has anyone else had dealings with the Nepali embassy and should I definitely not even try to submit the I-129F even though that is what they advised?

The K3 is still officially on the books (even though it is nonexistent in practice) so government personnel who may not be familiar with the USCIS tying the I-130 and I-129F together and approving them simultaneously and the NVC then subsequently administratively closing the I-129F may still mention the K3 as an available route.

Don't waste your time submitting the I-129F

I wish you the best going forward.

Edited January 30, 2011 by Ryan H

[Inky 1,110]

The CR-1 which is what you will be filing for (not the K-3) takes about a year.

[XXXXXXYYYY 1]

The CR-1 which is what you will be filing for (not the K-3) takes about a year.

Oh my goodness.... please say this isn't so... :crying: :crying:

Thank you Ryan for your input! I do appreciate all advice!!

[Ryan H 3,790]

Oh my goodness.... please say this isn't so... :crying: :crying:

Once you submit the I-130, you are looking at 5 months before approval by USCIS. Once they approve it, they will send it to the National Visa Center (NVC) for additional processing. NVC processing can last a few weeks or a few months.

Learn about NVC processing and take the time to gather documents that don't have expiration dates the NVC will require. That way, when the NVC asks for said documents, you can submit them rather quickly. Once NVC processing is complete, they will send the casefile to the Embassy and schedule an interview.

Here are a couple of NVC links, I think you will find them useful. Also, keep searching and asking questions, there are many people here who will help you!

Immigrant Visa Processing - NVC

NVC

Best wishes to you and your spouse.

Edited January 31, 2011 by Ryan H

[XXXXXXYYYY 1]

Once you submit the I-130, you are looking at 5 months before approval by USCIS. Once they approve it, they will send it to the National Visa Center (NVC) for additional processing. NVC processing can last a few weeks or a few months.

Learn about NVC processing and take the time to gather documents that don't have expiration dates the NVC will require. That way, when the NVC asks for said documents, you can submit them rather quickly. Once NVC processing is complete, they will send the casefile to the Embassy and schedule an interview.

Here are a couple of NVC links, I think you will find them useful. Also, keep searching and asking questions, there are many people here who will help you!

Immigrant Visa Processing - NVC

NVC

Best wishes to you and your spouse.

Honestly... what in the world can take them so long to do this...??? really???

A couple more questions, if I can..

The NVC will ask for more documents other than the letter of support? and the documents needed for the embassy interview?

And when during this process will they ask for further evidence if needed? while they are processing the I-130?

I don't see why they don't still have the K-3? The embassy said it should only take 3 months processing for that.... goodness, this process gets more and more painful!

THANK you again for all your advice and kind words!!!

[Inky 1,110]

A medical, police reports from country's the person has lived in. Long form birth certificate.

Please see the links - They are step by step guides on VJ.

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf

The Embassy clearly has not informed you properly.

The K-3 takes almost a year as well. This is why they do not process the K-3 anymore. K-3 was only added to lessen the processing time because Cr-1 used to take a lot longer - this is not the case anymore, they are processed at roughly the same time now so the K-3 was done away with.

[pushbrk 12,080]

Honestly... what in the world can take them so long to do this...??? really???

A couple more questions, if I can..

The NVC will ask for more documents other than the letter of support? and the documents needed for the embassy interview?

And when during this process will they ask for further evidence if needed? while they are processing the I-130?

I don't see why they don't still have the K-3? The embassy said it should only take 3 months processing for that.... goodness, this process gets more and more painful!

THANK you again for all your advice and kind words!!!

The "doing" doesn't usually take long at all. It's the time your petition sits and waits its turn that adds up.