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Benj42

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Posts posted by Benj42

  1. Hello May Filers,

    I haven't updated my timeline in a while, but much has happened. In August I had to move away from my wife in Hong Kong back to the US to begin school. The process has continued at a good pace, but never fast enough. That said, I am now at the end of my visa journey!! My wife had her interview on Nov. 2nd and was approved!!! I just bought her a plane ticket for Nov. 10th. I am so happy to tell her on the phone, "see you next week"!! I will pray for you all and I hope this brings encouragement to all of you! May your journey also end soon.

  2. You were probably processed faster because you are US Citizen living abroad with your spouse. If you search the forums on here, you'll see a thread where it is explained that pretty much all USCs who list a foreign address on the I-130 are processed at USCIS in a few weeks rather than waiting several months.

    Hope that helps clarify your situation for you and benefits others who are debating which address to include on their forms.

    Hey Thanks! Yeah, that does explain it! Any chance I could see the same speed at the NVC? I've heard that they were slowing down, so that is really disappointing since I was trying to get back to the US with my wife at the end of August.

  3. I have a similar situation and hope someone can shed some light on it.

    My wife is a Hong Kong citizen, and we are currently residing in Hong Kong, so we will get a Hong Kong Police certificate. However, my wife also worked in Beijing for just under a year. Hong Kong and China are technically "one country, two systems".

    So, does she need Police Certificates from China also? It is a pain to do it since it needs to be done in person (and could take a few days). Hope someone knows, I have been researching like crazy but can't get to far. Thanks in advance!

  4. Arg, I sent the wrong copy, and was just notified with an RFE :( Unfortunately, I live in HK, so shipping takes a bit longer too. Anyways, glad to read this post. I was a little confused because the RFE said that I needed the "page and book number" for where it was registered at the county clerk. I don't see that on my certified copy, but it does have the stamp and clerk's signature. That should be what is required right?

  5. Yeah, I read up on the K3, but I thought it was dead now. (If it is slower than the IR-1/CR-1, then that kinda defeats its purpose anyways). Wow, so you can file for AOS once you enter on another visa (i.e. tourist visa)?! Hmmmm... interesting... But, I've already read up on the difficulty of entering on a tourist visa once the spouse visa is already in process. We wouldn't be able to prove "strong ties" back to HK, and I would hate to have them send her back at the POE.

    Well, I guess we just have to wait in line then. But I still think its really stupid. I'd like to talk to some important immigration person to get them to change the rules.

  6. Hey All!

    I'm a fellow May filer! Glad I have company to endure the wait with!! I am living in Hong Kong now with my wife. I was supposed to return to the US for school in August 2012, but it doesn't look like that's going to happen. I don't really want to separate as I have dealt with that many times in the past already - not fun.

    I just wish the US would let people in to wait with their spouse for processing. I'm already filing for this visa, therefore, I want to do it legally. Just let me spouse in with me while we wait so we don't have to search desperately for loopholes! Anyone feel the same frustration?!

  7. might be better for 'living together time' if you file for CR-1 visa the week after you marry - as there's some blinding speed on approvals on I-130s for a USCItizen living out of the USA, these last 5 weeks.

    Thanks Darnell. Yeah, I have been doing a lot more digging and perhaps you are right. I should just stay the course and petition for the IR-1/CR-1.

    However, I do have another question that arose. Is there any difference in rights if one would obtain an immigrant visa for employment rather than for a spouse? Is the immigrant visa (any kind) just a way to gain residence in the US?

  8. :( Thanks everyone, yeah, I guess I better start changing my plans. The wedding here in Hong Kong is already planned and booked, so moving that would not really be an option. Right now I am looking into student visa options, or perhaps a working visa. However, if I opt for one of these, can my wife still apply for a IR-1/CR-1 while using a student/work visa? If anyone has any suggestions, I am all ears. Thanks!
  9. a student visa and CR-1 processing can run concurrently, if the student visa is awarded first.

    not certain if she'd get a tourist visa after marrying you - she'd have to show exceptionally strong ties to HKG - having a husband in USA sorta implies she has some immigrant intent. She could certainly try for the tourist visa NOW, prior to you filing the I-130.

    Roll the dice, see what sticks, aye?

    Oh yeah, good thoughts. However, I continued my research and remembered the K3 visa. It seems I can apply for a K3 visa, while still having my I-130 processing and then see which one comes first (the K3 or the IR-1/CR-1). I was trying to find processing times for the K3, but couldn't find exactly what I was looking for. Do you know if K3 visas typically allow faster entrance into the US?

  10. Has she had a tourist visa prior?

    does your uni have any continuing education program, do they issue student visas for any of their programs in the CE area?

    She has previously had a student visa (she studied in the US for 5 years). I can look into a student visa, that is a good idea.

    What would that mean then for obtaining a spouse visa (IR-1/CR-1)? Could I file for a spouse visa while she has a student visa, and then have her return to HKG for the medical and the interview?

    A tourist visa is only for 90 days correct?

  11. how would you return with your wife, in August?

    my apologies for seeming dense.

    Darnell, I appreciate the time you have put into this for me! Feel free to ask all the questions you need! Not exactly sure what you mean, so I will try to answer this thoroughly:

    I plan to fly from Hong Kong to the United States (to JFK airport in New York) in the beginning of August. I was hoping that my wife would already have the IR-1/CR-1 visa by that time. However, it seems like the time between the wedding (April) and coming to the US (August) will be too short to complete the process. So I am looking for ideas of how I can still return to the US in time for school with the least amount of time away from my (future) wife. (either she comes with me to the US with a tourist visa first and then returns to HKG to finish the process, or we really hope that the whole process can be completed before August)

  12. She holds a passport from which country ?

    She is a Hong Kong Citizen. I am also staying in Hong Kong this year (with a working visa - I also have a Hong Kong ID card). We will get married here in Hong Kong in April 2012. Then I need to return to the US (preferably with my wife) in August for school. Originally I was hoping the whole process would take about 3 months (the DCF estimate), but now I need to file through the Chicago Lockbox which kinda messes things up.

  13. Are you certain DCF in HKG is no longer available?

    Yeah, even though HK has a US consulate, they decided to use the Chicago lockbox - I don't really understand why.

    I can't find the webpage again, but while I was doing research I found this quote, and copied it to my notes:

    "Effective August 15, 2011, American Citizens residing in Hong Kong and Macau will no longer be able to routinely file Form I-130 (Petition for Alien Relative) with the Immigrant Visa Unit of the U.S. Consulate General in Hong Kong. Rather, Petitioners will be required to file the Form I-130 petition by mail to the U.S. Citizenship and Immigration Services (USCIS), Chicago Lockbox."

  14. Hi Darnell!

    I see that you are living in Wuhan and filing for a IR-1/CR-1 visa - very similar to my situation. (Living in HK, filing for the same visa)

    I didn't see any dates on your timeline yet, maybe you just got started, but do you know anything about the processing times for the Chicago Lockbox? Thanks!

  15. So she has to do the medical and interview in Hong Kong correct? then she would possibly have to be there for up to a month before she could get her passport back? Thanks for being so helpful, I just don't quite understand the whole interview process (where it needs to take place and how long after that until she can have her passport back).

  16. Thanks for the reply Penguin! Yeah, I have considered just getting the marriage cert first, and I will continue to consider it. But I am curious about the medical and interview. I think I understand that she will have to return to HK for that, but about how long does it take? Can she just return for the interview and then they will mail the green card to the US? How does that work?

  17. So, I am living in Hong Kong this year, and plan on getting married here at the end of April. The planning and scheduling for the wedding is well underway, so this date is pretty well fixed. At the other end of things, I will be returning to school in the US at the end of August (another fixed date). That leaves me just under 4 months to get a visa, and settle in the US.

    I plan on applying for an IR-1/CR-1 visa for my wife, however, processing times are worrying me. I will now have to file through the Chicago Lockbox because DCF in HK has been canceled :(

    Any ideas to speed up the processing time? Any ideas on the processing time for the Chicago Lockbox? Can I send in the I-130 before I am married? Should I consider another type of visa? Can my wife come to the US with me before the processing is complete - and then reenter once it is finished?

    Very soon I will be jumping into this and I don't want to make any mistakes that cause a time delay. Thanks!

  18. So, I (US Citizen) am living in Hong Kong this year, and plan to get married to my fiance (HK Citizen) in Hong Kong on April 28, 2012. I need to return to the US in July/August (2012) for school.

    My original plan was to file for a CR-1/IR-1 through Direct Consular Filing to save a lot of time (and to avoid separation). However, because of a new rule (link posted at bottom) I need to file through this Chicago Lockbox thing. Has anyone else heard of this or dealt with this? How is the processing time?

    It is very frustrating because Hong Kong has a USCIS but for some reason is included in this new rule. Should I continue my plan to file for a CR-1/IR-1 or consider the K-3?

    <http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD>

    QUOTE: "Under the new rule that became effective Aug. 15, 2011 petitioners residing in countries without USCIS offices may file a Petition for an Alien Relative based on the addresses provided in the revised form instructions, also available on www.uscis.gov:"

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