Request for Evidence?

[GB55 11]

Fortunately I'm living for free in Afghanistan and $1k a month covers everything my wife and son need in Thailand, so the money isn't a concern. My primary concern is any time that may be lost due to an error in filing.

Since you filed both petitions separately, time shouldn't be lost as your I-130 will keep trudging along by itself. As others have mentioned, the K3 has been obsolete for about 2 years now. It was ordinarily used to bring the spouse in the country while the I-130 was being processed (it could take years for the I-130 to be processed). Since the timelines for the I-130 have decreased significantly since then, the K3 will arrive at the NVC stage at the same time or shortly after the I-130 and they will administratively close it and just proceed with the I-130.

Essentially, the money you paid for the K3 is non-refundable and the application won't help you. But it shouldn't hurt your chances either.

[Karee 4,191]

Since you filed both petitions separately, time shouldn't be lost as your I-130 will keep trudging along by itself. As others have mentioned, the K3 has been obsolete for about 2 years now. It was ordinarily used to bring the spouse in the country while the I-130 was being processed (it could take years for the I-130 to be processed). Since the timelines for the I-130 have decreased significantly since then, the K3 will arrive at the NVC stage at the same time or shortly after the I-130 and they will administratively close it and just proceed with the I-130.

Essentially, the money you paid for the K3 is non-refundable and the application won't help you. But it shouldn't hurt your chances either.

There is no fee for the I-129F (K3) when filed with/after an I-130.

[GB55 11]

There is no fee for the I-129F (K3) when filed with/after an I-130.

Thank you for making me a smarter contributor!

[Karee 4,191]

Thank you for making me a smarter contributor!

No probelm. I think the govt. intentionally tries to make all this as difficult as possible

[ChetT 9]

:lol:

Thank you for making me a smarter contributor!

There is no fee for the I-129F (K3) when filed with/after an I-130.

[John and Ann 10]

Here is the Guide from this web site about the CR-1 petition. CR-1 is a I-130 petition.

http://www.visajourney.com/content/i130guide1

If you sent all the correct info for it, maybe you haven't lost anytime. Like others here,

I think this is the one you needed to have started with. Its pretty self explanatory, but if

you have any questions, just post here and someone will probably be able to help you.

Don't trust Experts or Lawyers...Lawyers only at a LAST resort!! Haaa!!!

Good Luck!

[dwheels76 5,487]

Most likely the reason is because K1 is for unwed partners. You're not eligible to file that if you're married already. You would need to file a CR1/IR1 (I need to learn the difference between the two).

PS: Are you in the military? If so I understand that there is an expedite available for you Guys.

Hey Gowon here you go.

U.S. citizens legally married to a foreign national may petition for a IR-1 / CR-1 visa. If the marriage is less than two years old, the consulate will issue a CR-1 Visa (and if longer than two years it will issue a IR-1 Visa). The primary difference between these two visas is that a CR-1 Visa will result in Conditional Permanent Residency (requiring a petition to be filed later to lift this conditional status) versus a IR-1 Visa resulting in full Permanent Residency upon arrival in the US by the foreign spo

[nate and riyn 11]

i think u need to file the CR1/IR1 visa if you are going to attached your marriage cert.

the more u hurry your papers the more it will take time.. its worth to wait, so file the correct visa that matches your status

[Mogambi 96]

Yes hopefully he filed a K3 and not a K1. The K1 will do you absolutely zero good!

But if he told you to file a 'fiancé' visa, then maybe he did file a K1, which is so ridiculously stupid you should demand your money back.

Unless it's his intention that should the K1 be granted, you just lie about being married and do it again here in the US? I don't get it.

At least from the Philippines, we were required to generate a document called a CENOMAR (Certificate of No Marriage) that shows that my fiancé has no record on file of being married. If you have to produce something like that from your country, and then at the interview they would see you're married, and instantly deny the K1.

And you will have wasted 8 months.

The person you hired is an idiot.

[ThailandToIndiana 11]

He didn't intend for us to lie about not being married because he had up send certified copies of our marriage certificate (certified copy of the original and a translation). I'm thinking he may have had me file for a K-3 visa, possibly not knowing those are no longer necessary (he primarily does UK and Australia visas).

I still haven't received the RFE in the mail, so I don't yet know what that's about. I'm hoping it arrives today because my parents will be out of town until Wednesday, so if I don't get it today, I'll have to wait another few days.

Also, eight months weren't wasted because we filed the paperwork in late March. But, any wasted time doesn't sit well with me because I'd like my wife and son in the States by the end of the year. Guess I'll just have to roll with the punches.

Edited July 14, 2012 by ThailandToFlorida

[ThailandToIndiana 11]

I received the RFE in the mail. Or rather, my parents did and scanned me the paperwork. Apparently I neglected to check the "no" box in response to the question if I've been convicted of any crimes, and I did not write in the date in the box next to my signature. Dumb. They said I have until October 1st to respond.

At any rate, the box has been checked, the date entered into the box, and it has been dropped into the mailbox to be sent off to the USCIS once again.

So, all the evidence is pointed to having applied for a CR-1 and a K-3 (useless, from what I've read). Guess that's a good thing. Now my wife and I must just continue to play the waiting game.

Question for you all: could they possibly send me more RFE notices, or was that all they needed from me and will not move onto the decision making mode?

[Ning25 619]

I received the RFE in the mail. Or rather, my parents did and scanned me the paperwork. Apparently I neglected to check the "no" box in response to the question if I've been convicted of any crimes, and I did not write in the date in the box next to my signature. Dumb. They said I have until October 1st to respond.

At any rate, the box has been checked, the date entered into the box, and it has been dropped into the mailbox to be sent off to the USCIS once again.

So, all the evidence is pointed to having applied for a CR-1 and a K-3 (useless, from what I've read). Guess that's a good thing. Now my wife and I must just continue to play the waiting game.

Question for you all: could they possibly send me more RFE notices, or was that all they needed from me and will not move onto the decision making mode?

Depending on who this " expert " of yours is the problem may simply be their ability with English. I agree with Ahn Map that they filed a petition that will result in a C R 1 visa. You will learn that if that is true the wait was worth it because she will have her green card right away and you dont need to do the AOS or spend that money.

The mistake you made was just that but it isnt a big deal. You lost a little time but as I said before it signal to you that they are working on the case. Your responce to the RFE will cause them to finish the case & forward to NVC. That means you will get the NOA 2.

I suggest you find out exactly what type of visa she will get. You may may have fees to pay and forms to do for the NVC phase.

At the same time she should now begin to prepare for the interview and what leads up to that. The interview will be easy for her but she will be nervous about it. One thing they are going to need to know is where you are and where you both will live.

She will need medical and police report as well.

[ThailandToIndiana 11]

The guy who did the initial paperwork for us will take my wife where she needs to go to get the police background check, the medical physical, and will prepare her for the interview (part of the deal that came with the fee).

Is it going to be a problem that I'm living/working in Afghanistan? When her visa is approved, I'll take a vacation, get her and our son, fly with them to the States, stay there with her for a few weeks, and then return to Afghanistan for a while longer.

As for where we'll live, we're currently purchasing a house in the States (it will be in my name and hers) and will close on the property before her visa is approved (probably sometime in September). We both have a power of attorney for my mother, who will sign all the closing documents when it's time to do so. That is where we will live. It's right next door to my parents' home, and a three minute walk from my sister and her husband's home, so she'll have plenty of help if needed and neither of us are concerned about her being in the States for a few months without me.

[Ning25 619]

The guy who did the initial paperwork for us will take my wife where she needs to go to get the police background check, the medical physical, and will prepare her for the interview (part of the deal that came with the fee).

Is it going to be a problem that I'm living/working in Afghanistan? When her visa is approved, I'll take a vacation, get her and our son, fly with them to the States, stay there with her for a few weeks, and then return to Afghanistan for a while longer.

As for where we'll live, we're currently purchasing a house in the States (it will be in my name and hers) and will close on the property before her visa is approved (probably sometime in September). We both have a power of attorney for my mother, who will sign all the closing documents when it's time to do so. That is where we will live. It's right next door to my parents' home, and a three minute walk from my sister and her husband's home, so she'll have plenty of help if needed and neither of us are concerned about her being in the States for a few months without me.

It isnt a problem with you being in Afgan on a temporary basis. The problem is you both will have to be ready to explain exactly what you plans are for the future simply because you are supposed to living as a married couple. That doesnt mean you have to be there every day but you do have to construct a life together so as not to give the appearance of her coming here in some offbeat manner to gain entry. You and I know that isnt the case but just make sure there is no hint of that as you go along.

The idea of where you live is more about you being domiciled in the USA than your address. Doing as you say and having your parents house as your residence will take care of the problem.

A suggestion about buying the house would be to find out what the interest rate is if she is on those initial docs. We found that they would have been higher because I lacked a credit history. My husband added me by using a quit claim or I think that is what it was called.

It sounds like you have a good plan to help her get started in the USA. She will do fine and learn to love this country as I do.

[ThailandToIndiana 11]

Thanks for the suggestions Ning. In Florida, a married person can put in a bid for a home, and apply for a loan to pay for the home, but that person's spouse must sign the closing paperwork as well. I understand what you're saying about the interest rate being higher since she doesn't have any credit, but I'm unsure if her name will be on the mortgage, or just on the closing paperwork. It's my understanding it will only be on the closing paperwork and not the loan itself. Due to the amount I'm putting down, the mortgage will only be fore $75k, so a slightly higher interest rate won't be too bad if it comes to that.

As for proving our relationship, I'm confident we won't have any issues there since we'll have a home in both our names, and we have a son together. We've also traveled together quite a bit, and lived together for the past year in Thailand (lease was in both our names).

I sent an email to the guy I hired to do all the paperwork for the visa and got a reply from him saying he filed for a K-3 visa. Obviously he was unaware those are no longer necessary since I guess the CR-1 doesn't take forever like they used to. So, we'll either have to go through an extra step once we arrive in the States, or change our petition to a CR-1.