G-325a form and other visa help!

[celtichobbit 0]

Okay, here's the deal...working on filling out the G-325a form to send in with a petition for my British husband's spouse visa and I've got some questions..

1. my husband has been going between living in his family's house to living in student housing for uni so how do we fill out the addresses? he's living with them at the moment since he's done with uni now. Do we put that address as the top one so from whatever-date till present and then put the other address in the next box? although, his parents' house has been his permanent address?

2. should we check 'status permanent resident' or 'other': I-130 form?

3. I don't currently have a job, I am in the middle of applying and working at getting one, we're planning on using my Dad as a form of support, but should I wait till I have a job to send off this petition or does it matter? they don't seem to ask much about money in this for, I figure that's what the affidavit of support is though.

4. this isn't really pertinent to the petition form, but how exactly do I go about using my Dad as a form of support for the affidavit of support? do we both fill out that form? do I need a letter from him?

5. how much money does my Dad need to be earning? he's still supporting some of my siblings as well but he's got a REALLY good job where he's making like 600+ a day

6. How long does this process usually take or does anyone know for sure?

7. Also, I'm still not sure exactly what I do after this gets approved so if someone could walk me through that, it would be greatly appreciated

Sorry this is so long, thank you all in advance!

-Rebecca

[canadian_wife 1,791]

Well, first of all - you know there is no more K3 visa right? You posted this in the K-3 forum, you're really looking for the Cr-1 visa

1. List his parents address, that's the easiest thing to do

2. Put Other - I130 form, that's what we did

3. Submit the petition now, be looking for jobs as well

4. Read the directions to the I864 form, that will clear up most of your financial questions

5. See #4

6. Bank on 8 - 10 months from start to finish

7. When it gets approved the petition will go to NVC, see http://www.visajourney.com/wiki/index.php/EZGuideSpouse for your 'walk through'

Good luck

[pushbrk 12,105]

Well, first of all - you know there is no more K3 visa right? You posted this in the K-3 forum, you're really looking for the Cr-1 visa

1. List his parents address, that's the easiest thing to do

2. Put Other - I130 form, that's what we did

3. Submit the petition now, be looking for jobs as well

4. Read the directions to the I864 form, that will clear up most of your financial questions

5. See #4

6. Bank on 8 - 10 months from start to finish

7. When it gets approved the petition will go to NVC, see http://www.visajourn...p/EZGuideSpouse for your 'walk through'

Good luck

Two additional comments.

2. I-130 CR1 visa is a better choice, as it lets them know this is for a spouse. Other I-130 filings don't need G325a forms.

4. Yes, read the instructions but this form is not used until AFTER the petition is approved. This may even be in 2013 after a 2012 tax return is filed.

[Darnell 8,478]

1. i say use the address that inland revenue has on him.

[celtichobbit 0]

So there is no more K3? so I can't petition for his immigrant spouse visa then file the petition for the K3 so he can be here for the whole process? that's what the USCIS site says I can do, but maybe they just haven't updated it?

One more thing, I was born on an Airforce Base in Misawa, Japan, can I put US born on these forms? I'm a US citizen, don't have joint or anything because I was born on base, so I guess I was technically born on US soil, but wanted to double check that..

Thanks for the replies to the other questions, sorry for putting this in the wrong area

-Rebecca

[celtichobbit 0]

Here's what the site says:

If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are

Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.

Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:

Petition for Alien Relative, Form I-130; and

Petition for Alien Fiancé(e), Form I-129F

http://travel.state.gov/visa/immigrants/types/types_1315.html

So, If I'm correct in my understanding of what it says on this page: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=10093e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=10093e4d77d73210VgnVCM100000082ca60aRCRD

Under the bold 'Can my spouse come to the US while the petition is pending' then I can petition for the K3 after this other one is pending and get him a K3 so we can be together for the whole process. What I'm unsure of and will be looking into is, does he need to return to the UK when he gets the other one, or do we just change his status from non-immigrant to permanent resident?

[pushbrk 12,105]

So there is no more K3? so I can't petition for his immigrant spouse visa then file the petition for the K3 so he can be here for the whole process? that's what the USCIS site says I can do, but maybe they just haven't updated it?

One more thing, I was born on an Airforce Base in Misawa, Japan, can I put US born on these forms? I'm a US citizen, don't have joint or anything because I was born on base, so I guess I was technically born on US soil, but wanted to double check that..

Thanks for the replies to the other questions, sorry for putting this in the wrong area

-Rebecca

You tell the truth. When asked where you were born, same thing, tell the truth. NO, you were not born in the USA, but you are a citizen by birth.

[pushbrk 12,105]

Here's what the site says:

If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are

Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.

Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:

Petition for Alien Relative, Form I-130; and

Petition for Alien Fiancé(e), Form I-129F

http://travel.state....types_1315.html

So, If I'm correct in my understanding of what it says on this page: http://www.uscis.gov...000082ca60aRCRD

Under the bold 'Can my spouse come to the US while the petition is pending' then I can petition for the K3 after this other one is pending and get him a K3 so we can be together for the whole process. What I'm unsure of and will be looking into is, does he need to return to the UK when he gets the other one, or do we just change his status from non-immigrant to permanent resident?

You can file the petition for K3 but it will just delay your I-130 approval and never actually result in a K3 visa. We know what the websites say, all of them. not just the ones that tell you what you want to hear. The K3 hasn't saved any appreciable time since late 2006. Not our first rodeo here.

This is the link you needed to read carefully but neglected to do. http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Edited May 15, 2012 by pushbrk

[celtichobbit 0]

So when it says on the i-129f or any other form that asks this: My citizenship was acquired through: Birth in the U.S or Naturalization, what do I say? there's not much room to explain.

How would it delay my i-130? they say you can do it on the site, why would they tell you that when they know it will take longer and delay things. I had already read that bit that you sent me a link to, I fail to see how that says that stuff will get slowed down? all they say is that if they receive the i-130 first, or receive both at the same time they'll disregard the K3 one and get on with the other, what's the big deal with that?

I'm not saying y'all don't know what you're talking about, because I full well know you've been here before and have done it, I'm just trying to balance out what I'm hearing from the USCIS website and what y'all are saying, obviously it's nice to talk to people with experience, but then you can't always trust what you hear on the web. I know that some of immigration stuff has changed now, like I don't have to be 21 anymore and the fees have changed so I was thinking it might be a bit different now.

[pushbrk 12,105]

So when it says on the i-129f or any other form that asks this: My citizenship was acquired through: Birth in the U.S or Naturalization, what do I say? there's not much room to explain.

How would it delay my i-130? they say you can do it on the site, why would they tell you that when they know it will take longer and delay things. I had already read that bit that you sent me a link to, I fail to see how that says that stuff will get slowed down? all they say is that if they receive the i-130 first, or receive both at the same time they'll disregard the K3 one and get on with the other, what's the big deal with that?

I'm not saying y'all don't know what you're talking about, because I full well know you've been here before and have done it, I'm just trying to balance out what I'm hearing from the USCIS website and what y'all are saying, obviously it's nice to talk to people with experience, but then you can't always trust what you hear on the web. I know that some of immigration stuff has changed now, like I don't have to be 21 anymore and the fees have changed so I was thinking it might be a bit different now.

Since you won't be filing an I-129F, you'll answer the I-130 question by checking the box next to the word Parents and below that the box next to No. You obtained your citizenship through your parents and did not obtain a certificate of citizenship. Your birth certificate would not be evidence of US Citizenship, so you use a copy of every page of your US Passport (yes, even the blank ones) as evidence of citizenship.

[celtichobbit 0]

Since you won't be filing an I-129F, you'll answer the I-130 question by checking the box next to the word Parents and below that the box next to No. You obtained your citizenship through your parents and did not obtain a certificate of citizenship. Your birth certificate would not be evidence of US Citizenship, so you use a copy of every page of your US Passport (yes, even the blank ones) as evidence of citizenship.

So...how is my birth certificate not proof of citizenship? I used it for getting my passport and it was fine. Can you please refer me to the USCIS site that says it's no good?

[pushbrk 12,105]

So...how is my birth certificate not proof of citizenship? I used it for getting my passport and it was fine. Can you please refer me to the USCIS site that says it's no good?

Now you're confusing me. You say you were NOT born in the USA. Where does your birth certificate say you were born?

To an earlier question, yes things have changed. We are up to date here. What you read about the K3 is out of date by more than two years minimum.

Edited May 15, 2012 by pushbrk

[celtichobbit 0]

Now you're confusing me. You say you were NOT born in the USA. Where does your birth certificate say you were born?

To an earlier question, yes things have changed. We are up to date here. What you read about the K3 is out of date by more than two years minimum.

I was born on an AIRFORCE BASE in Japan, so I have a certificate of birth abroad.

So, they haven't updated their website for two years? how does that work?

[pushbrk 12,105]

I was born on an AIRFORCE BASE in Japan, so I have a certificate of birth abroad.

So, they haven't updated their website for two years? how does that work?

Do you have a "Consular Report of Birth Abroad" or a "Birth Certificate"? They are not the same.

To answer your question, USCIS and Dept. of State are two feuding agencies. The K3 path falls off a cliff AFTER USCIS does their part. Dept. of State posted their new policy in early 2010. It's still there. That IS the update. Unless or until there is another change, K3 is dead.

[canadian_wife 1,791]

So when it says on the i-129f or any other form that asks this: My citizenship was acquired through: Birth in the U.S or Naturalization, what do I say? there's not much room to explain.

How would it delay my i-130? they say you can do it on the site, why would they tell you that when they know it will take longer and delay things. I had already read that bit that you sent me a link to, I fail to see how that says that stuff will get slowed down? all they say is that if they receive the i-130 first, or receive both at the same time they'll disregard the K3 one and get on with the other, what's the big deal with that?

I'm not saying y'all don't know what you're talking about, because I full well know you've been here before and have done it, I'm just trying to balance out what I'm hearing from the USCIS website and what y'all are saying, obviously it's nice to talk to people with experience, but then you can't always trust what you hear on the web. I know that some of immigration stuff has changed now, like I don't have to be 21 anymore and the fees have changed so I was thinking it might be a bit different now.

For the past few years USCIS has taken the I130 out of its place in line, married it up with the I129F, placed it at the BACK of the line (yes, it's true), approved both at the same time, sent them to NVC where NVC closes the I129F.

You may aboslutly not listen to us, however, as has been the case for years, why would yours be different? Start reading the boards, lots of people complaining about slow processing at USCIS and others being approved before them - they are the I129F filers!

Push will answer your questions about your birth certificate/certificate of birth abroad

Good luck