Next steps for spousal visa

[Lina123 0]

Hello,

I am looking to relocate from Australia to the States with my husband who is a US Citizen (who currently resides in Australia) this year and am unsure about which forms I need to complete.

We have already filed a I-130 that he completed and each completed G-325a which was sent at the same time and just received the I-797 form of approval.

I'd like to know what the next steps are so I can speed up the process, if at all possible. I'm a little confused whether I should be applying for a K3 visa or IR-1/CR-1. If I am applying for the K3 I believe my next step is to complete the I-129F form. Is this what I should be doing?

Any advice would be much appreciated!!

Edited February 4, 2013 by Lina123

[Khaleesi 1]

I-129F .. for the K3 visa is so u can go to the US while waiting for I-130 to be approved

if I-130 is approved, u proceed with CR1/IR1 visa , which means waiting for NVC to get ur petition and assign u a case number and give u further instructions

[Darnell 8,478]

I say follow the CR-1/IR-1 path instead of the K-3

Find LingChe in the wiki here, read all.

Good Luck !

[Penguin_ie 5,988]

Forget the K3 and follow the path you are already on. Here is a Guide: http://www.visajourney.com/content/i130guide1

[Lina123 0]

I-129F .. for the K3 visa is so u can go to the US while waiting for I-130 to be approved

if I-130 is approved, u proceed with CR1/IR1 visa , which means waiting for NVC to get ur petition and assign u a case number and give u further instructions

Thanks for your response.

Do you happen to know approximately how long it takes to get approval from the NVC for the I-130 and from then how long it takes to get the CR1/IR1 approval?

Do you also know whether I am able to visit the States during this period?

Thanks!!

I say follow the CR-1/IR-1 path instead of the K-3

Find LingChe in the wiki here, read all.

Good Luck !

Thanks for your advice which I will be following!

[Lina123 0]

Thank you for your post Penguin_ie! I have followed all the required steps for the IR1/CR1 which is a relief. This link is the answer I've been looking for as I've desperately wanted to know what to expect next so thank you for forwarding it.

Hopefully the process will be smooth!

All the best!

Edited February 5, 2013 by Lina123

[Khaleesi 1]

You first need approval from the USCIS

you can check ur status in the USCIS website

as well as approx. processing time

or you can compare timelines here in the forum from australia for example ?

after i-130 is approved, they will forward it to the NVC and then u will need to submit more documents and pay fees

after that they will shcedule ur interview in the embassy in australia

i dont think u can enter the US while waiting for ur cr1/ir1 visa

but the k3 wont speed up the process

we submited both i-130 and i-129f in hope it can happen faster, but the i-130 was approved before the i-129f, which made them drop the i-129f altogether stupid process

good luck and i hope it happens fast for u !!

[TBoneTX 43,533]

*** Thread moved from K-3 Process forum to CR-1 Process forum -- OP is on the I-130 path. ***

[cookiesandcream 7]

You can enter the US while waiting on a visa. Whether the immigration officer at the border will let you in is another matter. They are worried you will just stay and try and adjust status. Just say you are visiting friends or family (which I assume is true), or if you are really worried then bring some evidence of ties to Australia (like a letter from your employer) and make sure you have a return ticket. I think if you come from a low-fraud country it helps though. I have never once been questioned while vacationing in the US with my husband/then boyfriend.

You submitted all the necessary supporting evidence as well right? (bona-fide marriage evidence, evidence of US citizenship) I'm just worried since in your post you only talked about the forms

Did you list your Australian address on all forms? And made it clear you live in Australia together? If you are lucky your i-130 petition could be approve in 30 - 40 days, or it could take months. Once that is complete your case is forwarded to the NVC (to whom you send some additional forms and documents) and then it's forwarded to the Austrailian embassy.

Definitely read the guides and especially the NVC shortcut guides a few times. It took me awhile to get my head around them (all that calling and different numbers) but once you understand the process it will be much easier.

[Lina123 0]

You can enter the US while waiting on a visa. Whether the immigration officer at the border will let you in is another matter. They are worried you will just stay and try and adjust status. Just say you are visiting friends or family (which I assume is true), or if you are really worried then bring some evidence of ties to Australia (like a letter from your employer) and make sure you have a return ticket. I think if you come from a low-fraud country it helps though. I have never once been questioned while vacationing in the US with my husband/then boyfriend.

You submitted all the necessary supporting evidence as well right? (bona-fide marriage evidence, evidence of US citizenship) I'm just worried since in your post you only talked about the forms

Did you list your Australian address on all forms? And made it clear you live in Australia together? If you are lucky your i-130 petition could be approve in 30 - 40 days, or it could take months. Once that is complete your case is forwarded to the NVC (to whom you send some additional forms and documents) and then it's forwarded to the Austrailian embassy.

Definitely read the guides and especially the NVC shortcut guides a few times. It took me awhile to get my head around them (all that calling and different numbers) but once you understand the process it will be much easier.

Thanks for your reply. I was extremely meticulous completing the forms & providing the required documentation to support the application so fingers crossed this will speed things up. I have received my approved I-797 Notice of Action so now am waiting to be contacted by the NVC.

Another person on this forum has provided me with a link to a page on this site which answered my questions on what the next steps. This link was very reassuring as it showed that I completed everything that I needed to for the IR1/CR1.

Thanks for your comments re entering the States. It seems to support what I've read elsewhere that I can enter but am at the mercy of the POE official. I will take your advice and take supporting documentation that I plan to leave after a few weeks.

Thanks!

[Lina123 0]

You first need approval from the USCIS

you can check ur status in the USCIS website

as well as approx. processing time

or you can compare timelines here in the forum from australia for example ?

after i-130 is approved, they will forward it to the NVC and then u will need to submit more documents and pay fees

after that they will shcedule ur interview in the embassy in australia

i dont think u can enter the US while waiting for ur cr1/ir1 visa

but the k3 wont speed up the process

we submited both i-130 and i-129f in hope it can happen faster, but the i-130 was approved before the i-129f, which made them drop the i-129f altogether stupid process

good luck and i hope it happens fast for u !!

Thank you for your response, it is very helpful! I have just received approval from USCIS so hopefully can get through the remaining steps with relative ease - one can only hope!

[NikLR 13,220]

It would be helpful for you to fill out your timeline. Are you saying you have already received both Notice of Action I-797 papers? Wow. If indeed you have received both NOA1 and NOA2 your file will be forwarded onto the NVC. Read up on the NVC filing threads and all the links associated as well. Congrats.

Generally speaking the second stage is the fast one so you may want the beneficiary to wait Australia to complete everything. I'm not sure how fast they are at booking interviews there.

Edited February 6, 2013 by NikiR