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Gerhard

Filing an I-130

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Hello,

I'm a USC, living in Brazil with my (Brazilian) wife. We want to move to the US and get a green card for her. I've read most of the official documentation around I-130, K-3 and IR-1 and still have a few questions. If somebody with more experience could please chime in and confirm/correct my assumptions and answer my questions...

Here's my current understanding of the start of the process (towards a K-3 or IR-1):

  • In any case, the first step seems to be to file an I-130.
  • From what I can gather, we will get the receipt for filing the I-130 that we need to file the I-129F by mail to our current (Brazilian) address, as stated in the I-130.
  • After we get the receipt for the filing of the I-130, we intend to file an I-129F for a K-3 visa. It then depends on which one of the two is processed faster; if the I-130 is accepted first, we go the IR-1 route, if the I-129F is accepted first, we go the K-3 route. This seems to be automatic by the NVC rules of how they process these petitions.
  • After we filed the I-129F, we wait to be contacted by the US consulate in Rio de Janeiro (that's where all the immigration processes seem to be handled in Brazil) for the next steps towards a K-3 visa.
  • It seems from what I've read here and at the USCIS site that we're in for a 8-10 month wait. (That was a shock. In the UK and in Germany, for example, this is done in a few weeks, with similarly sized immigrant populations. Maybe we should get some of what they're drinking and provide it to the USCIS and NVC... :) )
  • It seems DCF is out of the question in Brazil, at least when there's no special case -- and ours doesn't seem to be special in that respect.

Is this all correct?

I also have a few questions:

  • We lived together for more than 5 years here, which constitutes a common-law marriage according to Brazilian law. Recently we converted the common-law marriage into a documented marriage. As proof of marriage, we intend to file the marriage certificate and the title of the property for which we share ownership (and where we have built a house). We bought this property some 5 years ago, built a house and moved into this house about 4 years ago. Is this (and a short story of our personal history) enough? Should I add the joint rental agreement of the place we rented before? (This is a big old standard rental agreement, several pages long, and we'd have to translate it if we file it.) Should I add some proof that we actually live here since 2009 (the deed is only about the property, there is no house mentioned)?
  • What's the importance of the US address that we need to give in the I-130? I can give the address of a friend, but essentially we'll get our US address after we can move there (together), not before :)
  • There seem to be some reports of couples in the database here that made it to the POE much shorter than what seems to be the expected time frame, within 3 or 4 months. What's up with that? Got lucky? Wrong data?
  • While the I-130 and I-129F are filed and being processed, can my wife travel to the US on her tourist visa? I go regularly there, and sometimes she comes with me. Whatever the answer is, I would very much appreciate a link to some official documentation for this. This is important...

I know that's a lot to answer, and I'm really grateful for any help.

Thanks,

Gerhard

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The I129F for the K-3 visa is obsolete, there isn't anymore K-3 visa, there hasn't been for years. While you may file for it, USCIS will accept it, NVC will close it. Save your energy, file the I130 and wait.

Proof of living together for an extended period of time is good, but dont overkill it

You will need to show that you intend to reestablish domicile, this is more for the I864 so the US address will be more important then, right now USCIS wants to know where to send the documents for the Notice of Action (or NOA)

There are also couples that have been waiting for years. Sometimes it is luck of the draw, sometimes it is preparedness, sometimes it just is what it is

Travel yes, Entrance and duration of stay is never a guarentee. She should bring ties to her home country

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Thanks for the reply.

The I129F for the K-3 visa is obsolete, there isn't anymore K-3 visa, there hasn't been for years. While you may file for it, USCIS will accept it, NVC will close it. Save your energy, file the I130 and wait.

This sounds strange. Besides the description of the process on both the USCIS and State Dep sites there are the stats on this site that show quite a number of K-3 visas being issued. What are these about?

...right now USCIS wants to know where to send the documents for the Notice of Action (or NOA)

These we want to our Brazilian address.

Travel yes, Entrance and duration of stay is never a guarentee. She should bring ties to her home country

I'm not sure I understand this correctly. Do you mean that she can continue to enter the US as tourist while the I-130 (or I-129F) is being processed, but she should be prepared to show proof of ties to Brazil on entry? (Maybe the deed of our house or documentation of a company that we own together?)

Thanks,

Gerhard

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Thanks for the reply.

This sounds strange. Besides the description of the process on both the USCIS and State Dep sites there are the stats on this site that show quite a number of K-3 visas being issued. What are these about?

These we want to our Brazilian address.

I'm not sure I understand this correctly. Do you mean that she can continue to enter the US as tourist while the I-130 (or I-129F) is being processed, but she should be prepared to show proof of ties to Brazil on entry? (Maybe the deed of our house or documentation of a company that we own together?)

Thanks,

Gerhard

your last question about ties is correct


oldlady.gif

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You will want your information sent to an American address unless you are quite sure of mail always reaching you in Brazil. Even if you sign up for email or mobile notification it doesn't always work and that paperwork will give you the information you need, or allow the USCIS or NVC to contact you about any Requests for Evidence... So use your Brazilian address at your own risk.

DCF is what allows places like the UK or Germany to get through the processing faster. Everything is processed locally instead of by people who are under a heavy workload already.

Basically you can apply for the K3 if you want to. You send USCIS the I-130 petition. They send you the Notice of Action letter saying they're working on it. (NOA1.) Then you send the I-129F. The USCIS pulls your I-130 out of line and puts it with the I-129F. Then you go back into line starting over again. (as far as I understand it... Someone will correct me if I'm wrong.) If the USCIS approves the I-129F before the I-130 and sends it to the NVC before the I-130 the NVC will leave it open and process the visa application as a K3 visa. But if the USCIS approves them at the same time or the I-129F after the I-130 the NVC administratively closes the I-129F and you continue on with a CR1/IR1 visa path.

http://travel.state.gov/visa/immigrants/types/types_2993.html

Yes your wife can enter the USA as long as the POE (point of entry) officer says she can. She should show ties to Brazil if asked as in a mortgage, on-going bills, an employment letter, pay stubs or the like. Even with that information the officer may still turn your wife away.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Thanks for all your help so far. I still have questions about the addresses.

The G-325A seems to be easy; that's all residence addresses (actual physical addresses where a person lived).

But on the I-130 are several addresses:

  • B.2: My (the petitioner's) address.
  • C.2: Her (the spouse's) address.
  • C.18: Her (our) intended address in the US.
  • C.19: Her current address abroad.

For C.18. I'm using "To Be Determined", with an explanation that we intend to rent an apartment as soon as we move to the US.

I don't know what the difference is between C.2 and C.19... both are our current address, I suppose.

So is B.2, it seems.

Which one is considered the mailing address? What are the ups and downs of using a US address as mailing address? I am contracting for a US company -- the same one from which I have an offer of employment once we get the visa -- and could use that address as mailing address (once I know which of the four addresses is the mailing address :) ). Is there a downside to using a US address as mailing address? Is there an upside to it (besides the question of reliability of postal services)? Is a company address as mailing address a problem?

Thanks for any help.

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G325a is an biographical sheet. It's not how they determine a mailing address. That should be on the I-130. I'm on my phone ATM, and will check on the computer in a bit. Sorry.

Downside is that your case will go to a local office. You may be called for an interview. Upside is reliable mail if you get an RFE. If you are confident, use the Brazilian address. You petition will likely be approved faster.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Okay I reread your question and you were asking about the I-130. Sorry my little one is sick so my mind is preoccupied.

The reason they ask for several addresses is because of the way different people use this form. Some people adjust their status from within the USA and have different addresses, some people obviously aren't living abroad with their spouses so there are multiple addresses. Some might be in the USA temporarily, on a work visa for example, but are not allowed to adjust status.

Like I said before you use the Brazilian address at your own risk; both ways have it's risks and rewards.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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