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keithusn

K3 or I-130?

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Filed: Timeline

I was just married to my beautiful russian wife, it's just been one week now we've be apart and we think she is pregnant... This is actually good news! However now the immigration process has probably changed for us. I was going to submit all the documents and our translated marriage certificate soon and was going to file the I-130. However if she is pregnant what do I need to file? Should I still file how I want and do the I-130, or is it mandatory to file the K-3 now because if she is pregnant that also "counts" as having a child? Can someone advise me on how to bring my now "probably" pregnant wife to the USA? Different/Same?

Thanks

Keith

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Congrats.

I believe that the process remains the same. Just file I-130 first and then K-3 and wait for it to get approved. After you confirm that your wife is pregnant, you might want to request to expedite the case. I am not sure it will be granted or not cuz alot of applicants wives are pregnant and USCIS doesn't really consider it a matter of extreme urgency. But ITS WORTH A TRY!! :)

Best of Luck and congrats once again.


Our Timeline

06/23/2006 Happiest day of my life, got married to my lovely Wife!

AOS

11/27/06 I-485 / I-765 Sent (Overnight)

11/28/06 I-485 / I-765 Received

12/01/06 Notice Date for both

12/02/06, 12/04/06, 12/05/06, 12/06/06, 12/10/06, 12/11/06 Touched !!!

12/19/06 Interview letter Issued!

12/26/06 Interview Notice Received!

02/13/07 Interview

08/25/08 Filed Writ of Mandamus (Law Suit) against USCIS, DOS, FBI

09/16/08 Application Approved (IR6)

09/22/08 Card Production Ordered

09/23/08 Welcome Notice Received

09/29/08 10 YR. GC Received!

N-400

07/18/11 N-400 Sent (Overnight) UPS

07/19/11 N-400 Received

08/23/11 Case status changed - FP letter sent

08/26/11 Fingerprint notice received in mail

08/26/11 Early Fingerprints completed

09/13/11 Original Fingerprints scheduled date

08/30/11 Case status updated: In-Line to be scheduled for an interview

09/12/11 Case status updated: Interview is now scheduled

09/15/11 Interview letter received!

10/19/11 Interview at Santa Ana, CA - I-130 is not approved in file

10/19/11 RFE issued

10/27/11 RFE response received and is being reviewed - even though I didn't get any RFE or responded to one!

11/11/11 Notification for Placed in que for oath ceremony

11/15/11 Notification for Oath being scheduled

11/18/11 N-445 Oath letter received

12/15/11 Oath Ceremony - Its all over! I AM FINALLY A US CITIZEN!

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I was just married to my beautiful russian wife, it's just been one week now we've be apart and we think she is pregnant... This is actually good news! However now the immigration process has probably changed for us. I was going to submit all the documents and our translated marriage certificate soon and was going to file the I-130. However if she is pregnant what do I need to file? Should I still file how I want and do the I-130, or is it mandatory to file the K-3 now because if she is pregnant that also "counts" as having a child? Can someone advise me on how to bring my now "probably" pregnant wife to the USA? Different/Same?

Thanks

Keith

Congratulations on the pregnancy! The process will be the same. Pregnancy is not considered a reason to expedite the case. But you can fax the CSC a letter along with pregnancy proof, they may/may not consider it. At NVC, they don't expedite case unless it is a medical emergency. A normal pregnancy is not a medical emergency for them.


I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

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thanks! is a pregnant wife the same as bringing a wife and a child to the states though? Or it's the same as you both said as the process just to bring a wife? Just needed this clarification..

Keith

Im not 100% sure but I would have thought it would be the same as just bringing your wife, becuase the child has not been born, has no birth certificate, no age, etc..

I guess this may change if the child is born before your wife enters the US

Its just my opinion and you should look for clarification.

Best of luck to you both ! :thumbs:

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thanks! is a pregnant wife the same as bringing a wife and a child to the states though? Or it's the same as you both said as the process just to bring a wife? Just needed this clarification..

Keith

It is same as just to bring your wife. But your process will change a bit after the baby is born, if your wife is not in USA by then. In that case, your wife will have to report the birth of the child to the Embassy.


I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

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Yep, the case doesn't change. If the child is born outside the US, it will be a US Citizen because of having you as a parent (the child may also be a citizen of the country where he/she is born, or the country of the mother's citizenship, but US law doesn't care about that). No visa is needed for the child, because he/she is a US Citizen. However, you and/or your wife will have to file a "consular report of birth abroad" to prove your child's US citizenship. And you'll have to get a US passport for the child before travelling. Both of these will be easy and quick compared to the visa for your wife. You may want to check out the embassy's website for the details of the procedures in the country where your wife is located.

Of course, if the visa is issued in time for the child to be born in the US, things are even simpler.

Congrats.


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.

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