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lukeglaude

Previous J-1, denied adjustment of status, now need k-3?

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hello,

My wife is Tanzanian citizen. She originally came on a J-1 visa and then changed to an f-1 and then went on an OPT. We were married in March 2015 and tried to change her immigration status to a permanent resident but were denied because of previous J-1 homestay requirement. She never overstayed a visa and has been living and working in Tanzania since the end of February. We figured the best thing would be for her to return to Tanzania and finish her 2 year home stay. Her homestay will officially be over on December 15, 2016 and she we want her to come to the US as soon as possible. My question is what exactly should I file, the I-130 right now and then change it to a K3 so that she can travel quickly? Also what are the steps to doing this? Can she work on a K3 visa while waiting for adjustment of status?

Any info would be helpful... I feel like I'm going to mess this up. I make good money here in the US as a Registered Nurse, anybody know of any contacts to find a job in Tanzania as a Nurse or in Public Health.. If she doesnt get here this year I'll move there and figure out what to do from Tanzania, made go directly through the Consulate?

Regards,

Luke

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K-3 is obsolete. Wait out the IR-1 (spousal visa process).

If she only went back to Tanzania in February 2016, then her 2-year HRR will only be up in February 2018. It has to be sent in the home country, not in the US or a third country. You can file the I-130 about a year before the 2-year HRR is up. She can have a petition in, she just can get an immigrant visa granted before the 2-year HRR is up.

Organizer hat on:

~ Moved from "K-3 Visas" to "IR-1/CR-1 Visa Process and Procedures ~

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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She returned to Tanzania for a little over a year before and already had 14 months of the homestay finished.. then returned on an F1 visa. So it is true that the 2 year homestay will cumulatively be over in mid December of this year.

Edited by lukeglaude

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File an I-130. File it ASAP, if her HRR will be up this December. The whole process takes about a year.

Here is the guide:

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

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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It's possible that you may be able to resurrect the old I-130 you filed that was, presumably, approved. It was likely only the I-485 that was denied.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Our marriage was approved and i-130 was approved, just the I-485 was not approved. this happened at the interview on January 6, 2016. How long does an approved I130 last for?? Could she travel on that in late December and then file for change of status once she gets here??

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How do you resurrect an old i-130??

You'd have to contact USCIS. You need your case number.

You basically need to tell them you are going to do consular processing and ask them to forward the approved I-130 to NVC.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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You would file an I-824 requesting that the approved I-130 be sent to the NVC.

https://www.uscis.gov/i-824

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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You would file an I-824 requesting that the approved I-130 be sent to her local embassy.

https://www.uscis.gov/i-824

Yikes. I didn't realize one had to pay $405 for this. Depending to the service center, they take 3 to 8 months to process? Wow. Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Indeed. That does seem like quite the cash cow for the price of a first class stamp.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Indeed. That does seem like quite the cash cow for the price of a first class stamp.

They also seem to take 3 to 8 months to process, depending on the service center.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Yikes. I didn't realize one had to pay $405 for this. Depending to the service center, they take 3 to 8 months to process? Wow.

And this is after you've already paid them $420 to spend an hour looking through your wedding pictures and reading a few text messages and Valentine cards.


 

 

 

 

 

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If you do end up looking for a nursing job in Tanzania, there are some things out there but the picture changes fairly often. Check Partners in Health and other orgs; check the "volunteer nursing" specialty on allnurses. (Don't bother checking now, it's mostly me there.) Most jobs don't pay well, but occasionally they do. Hopefully this doesn't end up being necessary; I came home from Africa in large part because it was easier to petition for my husband from here.


12/14 Met at work in Rwanda

2/21/15 Became a couple

11/19/15 Married

11/23/15 I left Rwanda 

12/30/15 Mailed I-130

1/06/16 NOA1

5/03/16 NOA2!

5/06/16 NVC received case

5/20/16 Case number assigned

5/23/16 Email from NVC with case number

5/23/16 Choice of Agent filled out, AOS fee invoiced and paid

5/31/16 Called NVC, reviewed I-261 over the phone

6/02/16 IV bill invoiced and paid

7/28/16 Finally! All police clearances and birth certificate received; mailed IV and AOS; filed I-260

8/04/16 Official scan date (tracking shows "delivered" the day before)

8/15/16 Visiting my husband! 10 days

9/01/16 Received checklist in error, claiming our application was on hold because of a waiver application we never filed

9/02/16 Sent for supervisor review, six week timeframe given

9/13/16 Sent for "document review", whatever that is, told the timeframe is now indefinite

9/20/16 Contacted US Representative Adam Smith's office for assistance (WA)

9/26/16 3 N/As and Case Complete!

11/14/16 Interview: approved pending medical! (Vaccines hadn't been available)

11/19/16 Visa received in passport

12/09/16 POE Seattle

03/06/17 Green card received (address changed after POE, no problem)

5/2017 Our baby is due

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