k3:where to file from, what consulate to specify

[BBCC 16]

We just received our NOA1 for I-130 today in the mail. We filed our I-130 from Canada, specifying our home address in Canada.

We recently married in Taiwan. My spouse is a Taiwan national with a Taiwan passport.

We live together in Canada with temporary work permits.

We now want to file for a K-3 visa while we wait for the CR-1 process to complete.

We are confused as to

1. the address we must file on our I-129F

2. What consulate we may specify on the I-129F for the NVC to forward the paperwork to.

The cause of our confusion comes from the instructions for K-3 on state.gov, in accordance with the Life Act which established the K-3 visa,

which states "a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place."

and the fact that we do not reside in Taiwan.

Questions:

1. Must we use a Taiwan address in the I-130 application even though my non-US spouse does not reside in Taiwan?

2. If we must use a Taiwan address on our I-129F petition for K-3, does it matter that we used a Canadian address on our I-130?

3. Is a Taiwan consulate the ONLY location permitted for our visa application?

The simple answer here, based on the instructions on state.gov and uscis.gov, it only in Taiwan.

Is this a strict requirement?

Today, I called

1. The USCIS. The first agent told me not to send the I-129F to the Chicago Lockbox as stated on the form but to send it to the CSC where our I-130 is pending. This was the instruction on prior printed instructions for I-129F but this is no longer stipulated in the instructions. Next, the agent told me to contact the NVC since they are the ones who forward our approved I-129F to the consulate and it is really their decision where they are willing to forward it to.

2. So I next called the NVC who were unwilling to give me the answer for an application they have not yet received. They sent me back to the USCIS.

3. I next called the USCIS again and was told that I could "probably" specify Canada as the location we intend to submit our visa application to but "they didn't know for sure."

Now I am really confused here.

Comments, answers anyone?

Thanks!

Edited October 1, 2011 by BBCC