Sydney K-1 Questions

[SnE 0]

Hi,

I have a few questions about the process in Sydney for the K-1 Visa.

Our petition was sent to Dallas and approved in January. We were under the impression we had to wait to be contacted by the consulate in Sydney before taking further action. I've since read the Canberra Embassy website and they say to fill out a DS-230 and send that to the consulate; then gather medical, police check and other required documents and post them to the consulate who will then contact us with an interview appointment time. Is this correct?

I posted the DS-230 4 days ago and had my medical yesterday in Brisbane (Sydney was over a month wait to get in). The folks in Brisbane were very helpful though I was told they couldn't send me my results until I had been issued a case number. I thought that I would be given a case number AFTER sending in my medical and other documents? The lady in Brisbane said they have recently changed the process slightly so I'm not sure what to do.

So my questions are:

1. Is the consulate still supposed to contact me upon receiving the petition from Dallas? It's been over 3 months since the petition was approved and I haven't heard anything from the consulate.

2. Will the consulate issue a case number and appointment after receiving DS-230 or after receiving medical and other required documents?

3. If the consulate will issue an appointment and case number after receiving DS-230, how long will it take generally for them to contact me?

I hope this is not too confusing for people. I have so many questions and going through my head. I'm quite overwhelmed and confused right now.

Note: I did a forum search but all posts I found were from 2007/2008.

[Lainie B 465]

Your application would have been sent from the California or Vermont Service Center (whichever one your petition ended up at) to the NVC once your petition was approved in January, given a new case number (beginning with SYD) and then forwarded to the Sydney consulate. You need to call the NVC as soon as possible and get your case number and find out when they sent your application to Sydney. The Sydney consulate normally contact you requesting your documents (this first email from them is known as Package 3) as soon as they get your application from the NVC but it sounds like it didn't happen in your case. Or perhaps your application was held up at the NVC for some reason.

[SnE 0]

Ok. Thanks for your reply.

I received the receipt of petition approval from the USCIS or whatever it is, but then never heard from the consulate.

Should I be contacting the consulate at all? I tried to call them once already but I got an Indian guy who didn't know any information and just told me to "wait" even though I said it had been about 3 months since the petition approval.

[kattze 0]

Ok. Thanks for your reply.

I received the receipt of petition approval from the USCIS or whatever it is, but then never heard from the consulate.

Should I be contacting the consulate at all? I tried to call them once already but I got an Indian guy who didn't know any information and just told me to "wait" even though I said it had been about 3 months since the petition approval.

Your timeline says you've only had your NOA1 since January.. you've still got a long wait yet to get your NOA2 unless I'm missing something. Are you sure you didn't confused the NOA1 for an NOA2?

[SnE 0]

Your timeline says you've only had your NOA1 since January.. you've still got a long wait yet to get your NOA2 unless I'm missing something. Are you sure you didn't confused the NOA1 for an NOA2?

I'm going to be honest with you, I don't know what NOA1 and NOA2 are. In January we received a receipt of approval for our I-129F petition that we sent to the US. It was a printed document sent in the post from the USCIS. That is NOA2 correct? That was 3 months ago and we haven't heard anything since.

[kattze 0]

Did you give USCIS an email address when you petitioned? If so Sydney usually sends packet 3 by email. Have a look at thi linke for a flowchart on what happens with your petition before and after adjudication. http://www.visajourney.com/content/k1flow

Lainie has it right that you should call NVC to see what's up and get a case number.

Just curious how long did it take to get your medical after booking? I will be getting mine done in Brisbane as well when the time comes.

Edited March 22, 2012 by kattze

[Lainie B 465]

NOA1 is just a receipt of your I-129f package and payment, usually you would receive that 1-2 weeks after you sent your petition.

NOA2 is your approval notice - it looks similar to the NOA1 but says something like "we have approved this petition for K-1"

Both of them should have your petition receipt number (it will start with an EAC or WAC). You will need this number when you call NVC to get your case number (which starts with a SYD). You must have your SYD number from the NVC in order to contact the Sydney consulate.

When did you send your petition to Dallas?

[KLS2010 30]

You say you sent your petition and were approved in January? As in you sent the petition in January and then also received an approval notice in January? Highly unlikely (but does happen from time to time).

I think you may be confused as to what you received. The NOA1 is the initial receipt of application from USCIS - it is them telling you that they have received your petition. It will have a case number on it that should start with either WAC - California Service Center (CSC) or EAC - Vermont Service Center (VSC).

The NOA2 is the approval notice - and this usually takes around 4-6mths to get after you send in your petition. The notice will say something along the lines of " On (INSERT DATE HERE), your I-29F PETITION FOR ALIEN FIANCE was approved" (I'm paraphrasing here as I haven't looked at mine in nearly a year).

After approval at USCIS, your file will be forwarded to the NVC where you will be assigned another case number - this one will start with SYD. After being assigned a case number it will be forwarded to the Sydney consulate who will contact you with regards to the documents required.

[SnE 0]

Thank you both so much for helping out. I'm feeling so overwhelmed and stressed right now.

Kattze: I called Brisbane on Friday 16th March, so exactly a week ago. So it was only 6 days wait as opposed to over a month in Sydney. I went for my blood tests on Saturday, picked up the results on Wednesday then flew to Brisbane for the medical yesterday. Great staff there.

Lainie: Thanks for clarification on that. I feel like a bit of a fool. It's entirely possible that what I was sent was NOA1. The petition was sent in December, the exact date I'm not sure. My fiancee just called the NVC and quoted the receipt number which starts with WAC but she was told that they don't have that receipt number. I'll have to find the receipt after work and double check.

[SnE 0]

Ok after these replies and reading the flowchart page, I'm fairly certain I mistook NOA1 with NOA2. I feel like an idiot.

I'm also fairly certain I will not have my visa in time for my wedding.

Thanks everyone for your replies. You've helped clear my head partially at least.

[kattze 0]

Ok after these replies and reading the flowchart page, I'm fairly certain I mistook NOA1 with NOA2. I feel like an idiot.

I'm also fairly certain I will not have my visa in time for my wedding.

Thanks everyone for your replies. You've helped clear my head partially at least.

Don't feel too silly. It's easy to get excited. Yes, June might be a little ambitious a date to set your wedding. Petitioners are warned not to set any solid dates for weddings or plane tickets. You have seemed pretty prepared getting the medical done quickly, but have you gotten your police certificate and fiancee's affidavit of support? If you get everything ready it will be a matter of filling out some forms and sending back your packet 3 same day you receive it.

[Lainie B 465]

No problem!

If your petition receipt number starts with WAC it means it was sent to California Service Center. The current approximate wait time for CSC is 144 days from NOA1 to NOA2 according to the Visajourney processing times. So you have a little while to wait. Some are faster and some are slower, and the wait times can change by the time yours is due.

When you do get your NOA2 approval notice, copy it, scan it, and then put it in a safe place, you will need a copy of that after you arrive in the US, get married and apply for adjustment of status (green card).

You probably already realise this, but you will have to move your wedding date if you can't get your visa in time. You can go to the US to visit while you are waiting, but if you get married before you get your K-1, your K-1 will be invalid and you will have to start again with a petition for spouse (CR-1).

Edited March 23, 2012 by Lainie B

[SnE 0]

You probably already realise this, but you will have to move your wedding date if you can't get your visa in time. You can go to the US to visit while you are waiting, but if you get married before you get your K-1, your K-1 will be invalid and you will have to start again with a petition for spouse (CR-1).

This was going to be my next question. I think we'll just have to scrap the K1 and start again. Is the K3 a possibility?

[VanessaTony 3,567]

This was going to be my next question. I think we'll just have to scrap the K1 and start again. Is the K3 a possibility?

Yes and no. I wouldn't waste my time with a K3. The Cr-1 is the superior visa to K3 and both mean waiting again. Also, though you have filed an i-129F you would still have to file ANOTHER I-129F for the K3 because when you sent the I-129F for the K1 you weren't married (obviously) which would be a requirement for the I-129F for the K3 possible.

What I WOULD do in your position is still have the June "celebration" (seeing it's already planned) and then still continue the K1 route and get married when you get the visa in a court house or something. The only problem with this is the risk they don't permit you entry for the celebration, or the USCIS thinks your celebration was official and deny the K1 'cause they think you're already married.

[VanessaTony 3,567]

I have a few questions about the process in Sydney for the K-1 Visa.

Our petition was sent to Dallas and approved in January. We were under the impression we had to wait to be contacted by the consulate in Sydney before taking further action. I've since read the Canberra Embassy website and they say to fill out a DS-230 and send that to the consulate; then gather medical, police check and other required documents and post them to the consulate who will then contact us with an interview appointment time. Is this correct?

I posted the DS-230 4 days ago and had my medical yesterday in Brisbane (Sydney was over a month wait to get in). The folks in Brisbane were very helpful though I was told they couldn't send me my results until I had been issued a case number. I thought that I would be given a case number AFTER sending in my medical and other documents? The lady in Brisbane said they have recently changed the process slightly so I'm not sure what to do.

So my questions are:

1. Is the consulate still supposed to contact me upon receiving the petition from Dallas? It's been over 3 months since the petition was approved and I haven't heard anything from the consulate.

2. Will the consulate issue a case number and appointment after receiving DS-230 or after receiving medical and other required documents?

3. If the consulate will issue an appointment and case number after receiving DS-230, how long will it take generally for them to contact me?

To answer your questions above:

1. Yes. You will receive Packet 3 (P3) via email. It's basically just a link to their website. This asks for your police check, medical, I-134, birth cert and other documents. You mail those to the consulate and they send you Packet 4 (P4) which tells you how to pay the visa fee and give you your interview details.

2. No. NVC are the ones that issue the case number. Once your petition is approved (3-5 months from filing the K1) you will receive NOA2 (It says Petition Approval). Then your case is forwarded to NVC who work their magic and issue you with a case number starting with SYD... Then they mail the documents to Sydney who will email you P3 (about a month between NOA2 and P3).

3. N/A.