Expediting I-130 for Military Spouse

[qtie.kikay 1]

As far as i know, it's a case to case basis in terms of approval of request to expedite ur case. My fiance just called the military hotline for our request, since he is currently deployed, they(USCIS)update the status of our application and we receive an email that we are lacking of documents, now we are working on it to send what they need, after we send it, that's the time we will know if they will approve our request. Ask you fiance to call the hotline...

[We Keep Receipts 9,238]

I read this on the USCIS FAQ page. Can anyone care to explain what it means and whether we can go this route?

Q. How can I expedite my Petition for Alien Relative (Form I-130) to bring my spouse to the United States? Is there any way she/he can enter the United States while the petition is being processed?

A. Citizens of the United States, who are serving in the military and have a pending Petition for Alien Relative (Form I-130) on behalf of their spouse, may e-mail or telephone the USCIS military assistance team and ask for expedited processing of that petition. During that time, your spouse may enter the United States on a K-3 nonimmigrant visa. To get a K-3 visa, you must file a Petition for Alien Fiancé(é) (Form I-129F) on behalf of your spouse. An approved Form I-129F will allow your spouse to enter the United States. If USCIS approves the I-130 petition while your spouse is in the United States on a K-3 visa, she/he can file an Application to Register Permanent Residence or Adjust Status (Form I-485) to become a legal permanent resident.

FYI, I have a tourist visa and have been visiting the US since 2008. We are planning to apply for a spouse visa some time after mid of this year. We are hoping that the application can be expedited because my boyfriend is active duty military, but we are not sure if it can be done. There is a chance he might be posted abroad after July so we are a little worried about that too.

I read the FAQ above and my understanding was: we apply for I-130, then apply for K3 so I can fly in earlier than waiting at home for the interview etc.then have our interview in the US. Is this correct? Can we still do this since from what I read on VJ, the K3 is no longer an option.

If we file while I'm in my home country, can we ask for the interview to be done in the US (if i am in the us visiting)?

I plan to come home to him for Christmas and going back to my home country at the end of January. Do you think if I visit on my tourist visa after we are married, I will have any problems entering the US?

Thank you for your input!

Hello,

Ok, here's the deal. I know people say on here that you need to be deployed, pending deployment, or PCS orders to have your request expedited, but I really believe it's up to USCIS to make that decision.

I am active duty Navy, I petetioned my wife back in June 2011 on an I-130. When I talked to them about expedite, they granted my request, I wasn't being deployed or on orders to PCS anywhere. I think sometimes if you just talk to people in a kind and respectful way, things happen. Once you get married, have you husband call the Military help line (1-877-247-4645) after he recieves the NOA1. I hope things work out for you, Allah bless.

[JP and Tee 13]

Salam, Su and Marvin.

Thanks so much for sharing your experience. I saw your timeline was very quick - 3 months after you got married? That's really quick. My fiance did tell me that it doesn't take that long, depending on the situation. Do you mind sharing your experience on how your filing went?

Thank you

[We Keep Receipts 9,238]

Salam, Su and Marvin.

Thanks so much for sharing your experience. I saw your timeline was very quick - 3 months after you got married? That's really quick. My fiance did tell me that it doesn't take that long, depending on the situation. Do you mind sharing your experience on how your filing went?

Thank you

Hello to you as well, I am still learing the Muslim sayings so forgive me, I don't want to misspell anything on here and show disrespect.

In reality, all I did was file the paperwork and stayed active on it. I must have called USCIC 100 times in one month, they knew me by my first name:) I was ignorant on the ways of immigration and hadn't made it to this site yet so in retrospect it was a learning process for me and my wife. But every time I called either USCIS or NVC, I always remained friendly and jovial(even with the mundane and robotic answers they give sometimes) just because treat people the way you want to be treated. Once it reached the NVC level, I did the same thing, I called and asked about expedite services and they informed me to send and email to the supervisor(I believe Sue is her name). After that they approved it and sent it to the Embassy in KL. It took about 2 weeks after that to secure an interview with KL for my wife, she was put on AP due to my divorce decree being from Mexico. After a week and a half, it was cleared up and she got her visa.

The biggest things to consider here are: what country are you from, are there any issues between the two of you(previous marriages, kids, age difference). All of these things play into your journey, Malaysia is a MENA country(Middle Eastern North African) so scrunity is always there regardless but it's not high fraud so I count that as a blessing. I am just grateful that I was able to get Su here as fast as I did, I see other journeys here that last 3x as long or longer. It can take several months and some cases up to a year or more, but once again each case is different.

The good thing is you are getting good information from this site so take this time to gather everything now, so when the time comes you and your husband will be ready. If you need anything else, please feel free to PM me, I will be glad to assist in any way I can. Peace be with you.

Edited February 9, 2012 by Su and Marvin

[We Keep Receipts 9,238]

Salam, Su and Marvin.

Thanks so much for sharing your experience. I saw your timeline was very quick - 3 months after you got married? That's really quick. My fiance did tell me that it doesn't take that long, depending on the situation. Do you mind sharing your experience on how your filing went?

Thank you

Hello to you as well, I am still learing the Muslim sayings so forgive me, I don't want to misspell anything on here and show disrespect.

In reality, all I did was file the paperwork and stayed active on it. I must have called USCIC 100 times in one month, they knew me by my first name:) I was ignorant on the ways of immigration and hadn't made it to this site yet so in retrospect it was a learning process for me and my wife. But every time I called either USCIS or NVC, I always remained friendly and jovial(even with the mundane and robotic answers they give sometimes) just because treat people the way you want to be treated. Once it reached the NVC level, I did the same thing, I called and asked about expedite services and they informed me to send and email to the supervisor(I believe Sue is her name). After that they approved it and sent it to the Embassy in KL. It took about 2 weeks after that to secure an interview with KL for my wife, she was put on AP due to my divorce decree being from Mexico. After a week and a half, it was cleared up and she got her visa.

The biggest things to consider here are: what country are you from, are there any issues between the two of you(previous marriages, kids, age difference). All of these things play into your journey, Malaysia is a MENA country(Middle Eastern North African) so scrunity is always there regardless but it's not high fraud so I count that as a blessing. I am just grateful that I was able to get Su here as fast as I did, I see other journeys here that last 3x as long or longer. It can take several months and some cases up to a year or more, but once again each case is different.

The good thing is you are getting good information from this sight so take this time to gather everything now, so when the time comes you and your husband will be ready. If you need anything else, please feel free to PM me, I will be glad to assist in any way I can. Peace be with you.

[Leatherneck 693]

Thanks for your input! I understand that each case is different so it's always a little confusing (and scary!) to decide which would be the best for us.

Yes all couples have different circumstances and their cases range from simple to complex. Still the 2 petition options are pretty simple, regardless of how complicated or simple a couples circumstances are.

You

Get married then immigrate = I-130

Or

Immigrate then get married = I-129F

We are having the wedding some time in Aug, so by the time he gets back to the US i'd be his wife

So can we still file for K1 and come here on that visa, or is that considered as fraud as well?

Once you're legally married, you're no longer eligible for or meet the requirements of a K-1. You and your fiance would have to meet two of 3 key requirements; 1. intend to marry within 90 days of entering the U.S., 2. Be free to marry. You can't meet either of those if you're already married.

Addressing your fraud question, it would be fraud, if you attempted to conceal your marriage when answering the many questions that pertain to "fiancee" on the I-129F. You and your fiance sound like intelligent people of good moral character. Therefore, once you started to fill out the I-129F petition, you'd realize that you couldn't complete and file that petition based on your martial status. So in your case, fraud would not be an issue.

We are perfectly fine with waiting (we've been LDR since 2007), since I do have a good job and it'd be nice to have more time with family, since after we are married i'd be moving 12000 miles I understand that there are people who adjusted while on tourist visa, but we don't want to do that since we are worried about future repercussions. Plus my fiance, being in the military, is a stickler for such things - he likes to go by the book so that's definitely not a route we'd be taking.

I lived in Australia for a couple of years, and the cert is valid for up to a year from the date it is produced. I no longer live there and going there just to get the cert is not a financially sound idea. So most probably I'd have to apply through mail, which will take time for the cert to be processed etc.

The one from my country takes a couple of weeks so I'll do that closer to the date we are filing since it's easier for me to get it.

So if we file in Aug, chances are i'd get interviewed some time in march - July 2013? Will that be a good guess?

Quite possible or even sooner with an approved request to expedite.

Will I have any problem going into the US to visit while waiting for the I 130 to be processed? Do we have a choice as to where our packet will be sent, since Army Wife said they have different processing times?

Answer to first question:

If you plan to travel to the U.S. after you file the I-130 and have the NOA1, you'll come under more scrutiny. Be sure you have proof of solid ties to your country. 1. Like a letter from your employer stating you're on vacation and you're expected to return to work by/on a certain day. 2. Rental agreement, lease agreement for your home/apartment/condo or some proof of home/property, etc.

Answer to second question:

Where you mail the completed I-130 petition is determined by where your fiance lives at the time of filing. Petitions are mailed to the Phoenix Lockbox or the Chicago lockbox.

Click here to go to the USCIS website, there you can read for yourself and determine where to mail the completed I-130.

Good luck OP

Thanks so much for sharing, really appreciate it!

[JP and Tee 13]

Hello to you as well, I am still learing the Muslim sayings so forgive me, I don't want to misspell anything on here and show disrespect.

Oh no worries. The saying means "peace be with you" so you are right My fiance did 3 deployments in the middle east so he's pretty good with some of the arabic terms, tho learning the religious rites are a different matter due to it being in Arabic and all.

In reality, all I did was file the paperwork and stayed active on it. I must have called USCIC 100 times in one month, they knew me by my first name:) I was ignorant on the ways of immigration and hadn't made it to this site yet so in retrospect it was a learning process for me and my wife. But every time I called either USCIS or NVC, I always remained friendly and jovial(even with the mundane and robotic answers they give sometimes) just because treat people the way you want to be treated. Once it reached the NVC level, I did the same thing, I called and asked about expedite services and they informed me to send and email to the supervisor(I believe Sue is her name). After that they approved it and sent it to the Embassy in KL. It took about 2 weeks after that to secure an interview with KL for my wife, she was put on AP due to my divorce decree being from Mexico. After a week and a half, it was cleared up and she got her visa.

My fiance was married before but was divorced for a year before we met and started talking. Did you have to bring your divorce paper to the US Embassy in KL? I am from Malaysia by the way so I can see a lot of similarities in how we'd proceed with our case

The biggest things to consider here are: what country are you from, are there any issues between the two of you(previous marriages, kids, age difference). All of these things play into your journey, Malaysia is a MENA country(Middle Eastern North African) so scrunity is always there regardless but it's not high fraud so I count that as a blessing. I am just grateful that I was able to get Su here as fast as I did, I see other journeys here that last 3x as long or longer. It can take several months and some cases up to a year or more, but once again each case is different.

The good thing is you are getting good information from this sight so take this time to gather everything now, so when the time comes you and your husband will be ready. If you need anything else, please feel free to PM me, I will be glad to assist in any way I can. Peace be with you.

Thank you for your help! Insya Allah I'll be dropping you a PM. I told my fiance about the kind people I've met on this (like yourself, Army Wife and Leatherneck) site and he's happy because now I know it won't be as difficult as I had initially thought it'd be. I always assume the worst then get sad and stuff so he's glad I'm getting a different perspective on this from others who had gone through it.

[JP and Tee 13]

Thanks for your reply, Leatherneck.

Most probably we'd go the I-130 route since we'd be married by the time he goes back to the US after our wedding We certainly don't want to commit any fraud since that won't be a good way to start our life together, so we are definitely going to go by the law on this one. Other things, maybe we'll be more lax (like what airlines to take, where to go on a holiday) but not immigration! There is too much at stake so we want to do this the proper way.

He had gone through this process before (married but divorced due to cheating wife) so I think he's okay with the filing processes. He tells me not to worry coz it'll be all right, but as usual, I want to be super sure so I ask a lot of questions and do a lot of research. Let's just say I am asking questions more for my own peace of mind.

He is based in SC at the moment though there is a possibility he might get orders to PCS later this year, hence more reason for wanting to expedite. But we'll see how this one goes I guess, since there's a lot of what ifs at the moment.

Thank you for your input!

[kamhoe 5]

Yes, you need to bring his original/certified copy (not a regular copy) of divorce decree to the interview or your case could be delayed. Also, the certificate of good conduct from KLN takes about 1 to 2 months to process. So, please plan ahead if you will be granted for the I-130 expedition.

[tuvaty 3]

Hello,

Ok, here's the deal. I know people say on here that you need to be deployed, pending deployment, or PCS orders to have your request expedited, but I really believe it's up to USCIS to make that decision.

I am active duty Navy, I petetioned my wife back in June 2011 on an I-130. When I talked to them about expedite, they granted my request, I wasn't being deployed or on orders to PCS anywhere. I think sometimes if you just talk to people in a kind and respectful way, things happen. Once you get married, have you husband call the Military help line (1-877-247-4645) after he recieves the NOA1. I hope things work out for you, Allah bless.

Wow. I guess you talked to the right person. I am also active duty, and from what I understand, you can't get it expedited unless you're deployed or going overseas. I did call them a few times, but it didn't have the luck you had. I waited over six months.

He is based in SC at the moment though there is a possibility he might get orders to PCS later this year, hence more reason for wanting to expedite. But we'll see how this one goes I guess, since there's a lot of what ifs at the moment.

Thank you for your input!

Where is he PCS-ing to? Overseas?

And good luck with the expedite.

Edited February 10, 2012 by tuvaty

[JP and Tee 13]

Yes, you need to bring his original/certified copy (not a regular copy) of divorce decree to the interview or your case could be delayed. Also, the certificate of good conduct from KLN takes about 1 to 2 months to process. So, please plan ahead if you will be granted for the I-130 expedition.

Thanks for the heads up! I'm going to need one from Australia too, so probably will start doing both soon. Not lookg forward to paying the fees since we are getting married soon and that in itself, is quite costly!

Is your spouse military as well, kamhoe?

[JP and Tee 13]

Wow. I guess you talked to the right person. I am also active duty, and from what I understand, you can't get it expedited unless you're deployed or going overseas. I did call them a few times, but it didn't have the luck you had. I waited over six months.

Where is he PCS-ing to? Overseas?

And good luck with the expedite.

hi tuvaty!

I read that the wait time is five months and more. I certainly hope we don't have to wait that long, since we've been long distance since 2007! About time we stop giving money to the airlines, don't you think But I also understand that they are hvg a backlog of cases, something very common in government offices. Less manpower = longer processing time. I work with the Msian goverment, so trust me, I know

My fiance might be PCS-ing overseas, or just in the US. We don't know yet. If it's just in the US, then it won't be much of a problem because I can just fly in. Might be a hassle if it's overseas since I'd have to apply for a visa for the country etc (whichever that might be). I am excited though about finally being able to live together, but at the same time, not really looking forward to compiling the paperwork and filing in the forms.

Forms make me nervous

Edited February 11, 2012 by JP and Tee

[Leatherneck 693]

hi tuvaty!

I read that the wait time is five months and more. I certainly hope we don't have to wait that long, since we've been long distance since 2007! About time we stop giving money to the airlines, don't you think But I also understand that they are hvg a backlog of cases, something very common in government offices. Less manpower = longer processing time. I work with the Msian goverment, so trust me, I know

My fiance might be PCS-ing overseas, or just in the US. We don't know yet. If it's just in the US, then it won't be much of a problem because I can just fly in. Might be a hassle if it's overseas since I'd have to apply for a visa for the country etc (whichever that might be). I am excited though about finally being able to live together, but at the same time, not really looking forward to compiling the paperwork and filing in the forms.

Forms make me nervous

You're welcome!

The best approach to your future petition filing, be very thorough in completing all docs, follow instructions or ask questions. Then relax and wait for the approval, but stay on top of things as needed.

Good luck!

[kamhoe 5]

Thanks for the heads up! I'm going to need one from Australia too, so probably will start doing both soon. Not lookg forward to paying the fees since we are getting married soon and that in itself, is quite costly!

Is your spouse military as well, kamhoe?

No, we were just on the regular route but we know the process for U.S. embassy in Kuala Lumpur pretty well. Feel free to drop me a question if you do.

[Army wife 9]

Thanks for your input! I understand that each case is different so it's always a little confusing (and scary!) to decide which would be the best for us.

We are having the wedding some time in Aug, so by the time he gets back to the US i'd be his wife

So can we still file for K1 and come here on that visa, or is that considered as fraud as well?

We are perfectly fine with waiting (we've been LDR since 2007), since I do have a good job and it'd be nice to have more time with family, since after we are married i'd be moving 12000 miles I understand that there are people who adjusted while on tourist visa, but we don't want to do that since we are worried about future repercussions. Plus my fiance, being in the military, is a stickler for such things - he likes to go by the book so that's definitely not a route we'd be taking.

I lived in Australia for a couple of years, and the cert is valid for up to a year from the date it is produced. I no longer live there and going there just to get the cert is not a financially sound idea. So most probably I'd have to apply through mail, which will take time for the cert to be processed etc.

The one from my country takes a couple of weeks so I'll do that closer to the date we are filing since it's easier for me to get it.

So if we file in Aug, chances are i'd get interviewed some time in march - July 2013? Will that be a good guess?

Will I have any problem going into the US to visit while waiting for the I 130 to be processed? Do we have a choice as to where our packet will be sent, since Army Wife said they have different processing times?

Thanks so much for sharing, really appreciate it!

Try calling your local embassy directly, just to enquire, and then try calling the National Benefits Centre (number on the uscis website).

See if you can appeal to their good nature to expedite.