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Filed: AOS (pnd) Country: Peru
Timeline
Posted

Hello!

I have a couple I129F questions.

1. The processing times in Texas, how long do they typically take? Do I have to file in Texas? Why not California or Vermont? I check the USCIS Processing times website and the I129F hasn't been updated since 2010. Are they really taking almost 2 years there?

2. My fiancee's documents are in Spanish. Do I need them translated or can I send them in Spanish?

3. My fiancee is from Peru, I'm a California resident. We both live in Tijuana, Mexico together and we both have Mexican Residency. She has been a Mexican Resident since 2010. Does this mean that they will let us go to Cuidad Juarez instead of Lima, Peru since we are legal residents of Mexico.

We are both divorced, my first wife was from an i129F also. Does this matter?

Thank you!

Posted

Hello!

I have a couple I129F questions.

1. The processing times in Texas, how long do they typically take? Do I have to file in Texas? Why not California or Vermont? I check the USCIS Processing times website and the I129F hasn't been updated since 2010. Are they really taking almost 2 years there?

You'll send your petition and supporting materials to the Dallas Lockbox, not the Texas Service Center. The Lockbox is where they will process your payment and then the petition will be forwarded on to either the Vermont Service Center or the California Service Center. Those are the only two places that process the I-129F petitions.

We are both divorced, my first wife was from an i129F also. Does this matter?

It depends. How long ago was the divorce? Also, be sure you both have final divorce decrees -- and those should be translated into English == to send with the petition to show that you're both free to marry in the U.S. upon receipt of the visa.

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

1. The processing times in Texas, how long do they typically take? Do I have to file in Texas? Why not California or Vermont? I check the USCIS Processing times website and the I129F hasn't been updated since 2010. Are they really taking almost 2 years there?

The Texas facility is for document intake only. They will cash your check, sort your documents into an official USCIS file, and forward it to the appropriate service center for adjudication. The processing time is more like six months for the petition.

2. My fiancee's documents are in Spanish. Do I need them translated or can I send them in Spanish?

The documents of hers you need to submit with the petition are her G-325A, letter of intent, a couple of passport style photos, and divorce decree. The divorce decree will need to be translated into English.

3. My fiancee is from Peru, I'm a California resident. We both live in Tijuana, Mexico together and we both have Mexican Residency. She has been a Mexican Resident since 2010. Does this mean that they will let us go to Cuidad Juarez instead of Lima, Peru since we are legal residents of Mexico.

As long as she has resident status in Mexico then she should be able to interview there. Your status in Mexico isn't relevant. You can list your preference for which consulate you'd like to interview at on the I-129F. It's up to the consulate to accept it, but they usually do if the applicant has resident status in the country.

We are both divorced, my first wife was from an i129F also. Does this matter?

Was that your only other I-129F? How long ago was the petition approved? If you've had an I-129F approved within the past two years, or if you've ever submitted two or more I-129F's, then you need to request a waiver of the multiple filing limits with your petition. This is explained in the I-129F instructions. Other than that, you can expect the subject of your first wife to come up at your fiancee's interview. They tend to be skeptical with multiple petitions filed from the same petitioner. They don't like US citizens acting as personal immigration portals. As long as your relationship evidence is solid then it shouldn't result in a denial.

You both have to submit copies of all divorce decrees with the petition.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: AOS (pnd) Country: Peru
Timeline
Posted

Sorry for the late response, its been a really busy week at work.

Ok, so this is what I got to answer the questions about my divorce and the first 129f, I got it approved when I was 19, I'm now 29, so it was about 10 years ago. I have been pretty much living outside of America since I was 18 and well if you do that, obviously you meet foreign women. I've been divorced for about a year legally. I say legally because we tried to divorce 3 years ago when we broke up, but it was rejected because I tried to save money and do it myself, and messed a court document up. I was married for 8 years. it took me a little bit until I had more money to buy a lawyer and legally divorce again. I've been with my fiancee for two years now and we are looking to tie the knot.

I had thought that we only had to submit copies of the divorce decree if done within the last 6 months?

Also how long are we talking processing time, realistically? If I submit in a week

Thank you!

The Texas facility is for document intake only. They will cash your check, sort your documents into an official USCIS file, and forward it to the appropriate service center for adjudication. The processing time is more like six months for the petition.

The documents of hers you need to submit with the petition are her G-325A, letter of intent, a couple of passport style photos, and divorce decree. The divorce decree will need to be translated into English.

As long as she has resident status in Mexico then she should be able to interview there. Your status in Mexico isn't relevant. You can list your preference for which consulate you'd like to interview at on the I-129F. It's up to the consulate to accept it, but they usually do if the applicant has resident status in the country.

Was that your only other I-129F? How long ago was the petition approved? If you've had an I-129F approved within the past two years, or if you've ever submitted two or more I-129F's, then you need to request a waiver of the multiple filing limits with your petition. This is explained in the I-129F instructions. Other than that, you can expect the subject of your first wife to come up at your fiancee's interview. They tend to be skeptical with multiple petitions filed from the same petitioner. They don't like US citizens acting as personal immigration portals. As long as your relationship evidence is solid then it shouldn't result in a denial.

You both have to submit copies of all divorce decrees with the petition.

Posted (edited)

I had thought that we only had to submit copies of the divorce decree if done within the last 6 months?

That's not correct. Part of the petition process is showing that both parties are free to marry. As you'll notice on the I-129F form, it asks for former spouses, so you'll have to include proof of the final divorces in addition to the letters of intent stating you're both free to marry within the 90 days of your fiancée's arrival in the U.S.

Also how long are we talking processing time, realistically? If I submit in a week

Thank you!

Ah, the million dollar question. It varies is the best answer anyone can give you. You may want to visit the regional forum to get an idea of what other couples going through Mexico have encountered on the petition process, interviews, and receipt of the K-1. Good luck!

Edited by LeftCoastLady

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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

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