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Mohitf

K3 Visa or I130 petition

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Hello All members,

I'm an Indian citizen and my wife is an American National. We are currently living in Mumbai (India) since the last 2 years leading a blissfully happy married life. We are contemplating moving to US, just wanted to check as to, should i apply for K3 or the I130 from here in India (The USCIS is in New Delhi). Can anyone help with me a step by step process on how to apply from India and also howlong will both of them take.

You can also get in touch with me at mohit.fatnani@gmail.com

Thank you in advance!!

Best Regards

Mohit

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Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures as this is the path you are likely to end up on (explanation below). 5 duplicate threads removed.

You don't apply for the I-130, the I-130 is the petition form that your US Citizen spouse files with USCIS. After that petition is approved, that is when you apply for a visa.

The visa you are likely to be applying for when the appropriate time comes is an IR-1 (you have indicated that you have been married for two years).

Your US Citizen spouse will need to have been living in India on a long-term stay visa or residence permit in order to file at the USCIS field office in New Delhi; tourist visa extensions do not count as "residing" in the country.

Petitions for K visas cannot be filed at overseas USCIS field offices, they have to be sent to a stateside locbox. Furthermore, the K3 visa is virtually unobtainable because the K3 process is started when an I-129F petition is filed after an I-130 is filed stateside. USCIS ties the two petitions together (by pulling the I-130 from its place in the queue and placed with the I-129F that was just filed) and an adjudication decision on both petitions is made at the same time. If both petitions are approved, they are usually sent to the NVC at the same time. If the NVC receives both petitions at the same time or if they receive the I-130 first, the I-129F that was filed is administratively closed leaving only the I-130 active. A foreign spouse who is the beneficiary of an I-130 petition would apply for a CR-1 visa if married to their US Citizen spouse less than two years or IR-1 visa if married for two years or more.

You will need an India specific answer for how long the process takes if the petition is filed in India. If the petition is sent to a stateside lockbox, a decision is likely to come quickly if your spouse uses the address in India on all the forms.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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hello,

u can go through direct consular processing....

hello,

u can go through direct consular processing....

It will be held in Delhi...u can go through www.***removed*** for more information...

u can mail me for information..


US consulate :Bombay.
29th January 2012:marriage
9th April 2012: i130 sent.
17th April 2012: NOA1 received...
13th December 2012:NOA2 received......
08th January 2013: Case number assigned by NVC
08th January 2013: paid AOS and IV bills.
28th January 2013: Sent AOS and IV packages to NVC..
20th February 2013: NVC sent checklist about our PCC ....
25th February 2013: We responded to checklist.
26th February 2013:Case completed....
4rth April 2013: Interview date...
Interview result: Approved

06th June 2013 : Reached USA

29th june 2013: Received conditional greencard...

14th March 2015: I-751 package sent to VSC.

18th March 2015: USPS delivered my package.

22 nd September: Approved for Permanent Residence Card.

25th July: NOA1 for N-400.

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Hello Ryan,

Thank you for your answers. Just a couple of quick points i need to clarify. My wife has an OCI (Overseas citizenship of India), which enables her to stay in India forever without any visa. She is planning to fly to US for a couple of weeks to see her parents. Does she need to stay in India for 6 months after coming back to apply? This doesnt make sense as she has a valid visa to stay. Also does she need to show income documents. She cannot as she has been in India for more thn 4 yrs and cannot produce pay stubs or tax returns. Can i show our India bank account showing that we can support ourselves.

Can i speak with you on a particular no?

Best Regards

Mohit

Your US Citizen spouse will need to have been living in India on a long-term stay visa or residence permit in order to file at the USCIS field office in New Delhi; tourist visa extensions do not count as "residing" in the country.

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures as this is the path you are likely to end up on (explanation below). 5 duplicate threads removed.

You don't apply for the I-130, the I-130 is the petition form that your US Citizen spouse files with USCIS. After that petition is approved, that is when you apply for a visa.

The visa you are likely to be applying for when the appropriate time comes is an IR-1 (you have indicated that you have been married for two years).

Your US Citizen spouse will need to have been living in India on a long-term stay visa or residence permit in order to file at the USCIS field office in New Delhi; tourist visa extensions do not count as "residing" in the country.

Petitions for K visas cannot be filed at overseas USCIS field offices, they have to be sent to a stateside locbox. Furthermore, the K3 visa is virtually unobtainable because the K3 process is started when an I-129F petition is filed after an I-130 is filed stateside. USCIS ties the two petitions together (by pulling the I-130 from its place in the queue and placed with the I-129F that was just filed) and an adjudication decision on both petitions is made at the same time. If both petitions are approved, they are usually sent to the NVC at the same time. If the NVC receives both petitions at the same time or if they receive the I-130 first, the I-129F that was filed is administratively closed leaving only the I-130 active. A foreign spouse who is the beneficiary of an I-130 petition would apply for a CR-1 visa if married to their US Citizen spouse less than two years or IR-1 visa if married for two years or more.

You will need an India specific answer for how long the process takes if the petition is filed in India. If the petition is sent to a stateside lockbox, a decision is likely to come quickly if your spouse uses the address in India on all the forms.

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My wife has an OCI (Overseas citizenship of India), which enables her to stay in India forever without any visa. She is planning to fly to US for a couple of weeks to see her parents. Does she need to stay in India for 6 months after coming back to apply? This doesnt make sense as she has a valid visa to stay. Also does she need to show income documents. She cannot as she has been in India for more thn 4 yrs and cannot produce pay stubs or tax returns. Can i show our India bank account showing that we can support ourselves.

Based on what you have posted, your wife is likely eligible to file the I-130 at the New Delhi USCIS field office, she shouldn't need to wait for 6 months after visiting her parents in the US but she will likely have to show when she began living in India.

Your India bank account can be used for the Affidavit of Support if it's transferable to the US, however, the account by itself may not be sufficient to meet the threshold. I will defer to others to give you more specific information in regards to the Affidavit of Support. One additional thing, your wife will have to show that she is working to re-establish a US Domicile.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Based on what you have posted, your wife is likely eligible to file the I-130 at the New Delhi USCIS field office, she shouldn't need to wait for 6 months after visiting her parents in the US but she will likely have to show when she began living in India.

Your India bank account can be used for the Affidavit of Support if it's transferable to the US, however, the account by itself may not be sufficient to meet the threshold. I will defer to others to give you more specific information in regards to the Affidavit of Support. One additional thing, your wife will have to show that she is working to re-establish a US Domicile.

Ryan is correct. To be more specific though, your wife will need to show that she has or intends to re-establish domicile. The term "working to" is correct but could easily be misunderstood as needing to have a job in order to.... Indications that you'll be staying with her parents until finding a place of your own will usually suffice.

If it's just the two of you, about $60,000 in liquid assets (minimum) would be needed to self-sponsor without either a job in the USA, other income that would continue in the USA or a joint sponsor.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Hi Ryan,

Thank you so much for your help. Can we show sufficient funds in her US bank account? I can ask her parents to show their Tax returns and stuff but do not want to take an obligation. Could you clarify on "One additional thing, your wife will have to show that she is working to re-establish a US Domicile". She is a housewife here in India and does not work.

Best Regards

Mohit

Based on what you have posted, your wife is likely eligible to file the I-130 at the New Delhi USCIS field office, she shouldn't need to wait for 6 months after visiting her parents in the US but she will likely have to show when she began living in India.

Your India bank account can be used for the Affidavit of Support if it's transferable to the US, however, the account by itself may not be sufficient to meet the threshold. I will defer to others to give you more specific information in regards to the Affidavit of Support. One additional thing, your wife will have to show that she is working to re-establish a US Domicile.

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Hi Ryan,

Thank you so much for your help. Can we show sufficient funds in her US bank account? I can ask her parents to show their Tax returns and stuff but do not want to take an obligation. Could you clarify on "One additional thing, your wife will have to show that she is working to re-establish a US Domicile". She is a housewife here in India and does not work.

Best Regards

Mohit

Your questions have been answered above, in my post. No, your wife is not required to be employed but is required to be "working to" (show intent to) re-establish domicile in the USA.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Hello,

Thank you pushbrk for your help. I think it best makes sense for me to ask her parents to ask for their Tax returns and their rent agreement to show that i would be staying with them.I think their income should be over 18k p.a (Over poverty line) to help sort the financial independence.

Best Regards

Mohit

Ryan is correct. To be more specific though, your wife will need to show that she has or intends to re-establish domicile. The term "working to" is correct but could easily be misunderstood as needing to have a job in order to.... Indications that you'll be staying with her parents until finding a place of your own will usually suffice.

If it's just the two of you, about $60,000 in liquid assets (minimum) would be needed to self-sponsor without either a job in the USA, other income that would continue in the USA or a joint sponsor.

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Hello,

Thank you pushbrk for your help. I think it best makes sense for me to ask her parents to ask for their Tax returns and their rent agreement to show that i would be staying with them.I think their income should be over 18k p.a (Over poverty line) to help sort the financial independence.

Best Regards

Mohit

The parents' income would need to cover three people, not just two. You don't just show their tax returns. Study the instructions for the I-864 and consult the I-864p for the applicable minimum income requirements. Household size for the parents would be the two of them plus any dependents, any previously sponsored immigrants and you, the intending immigrant.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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