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Oh no... the K3 doesn't allow that... The K3 needs to be approved before you can move to the US. The difference between it and the CR-1 is the K3 requires you to file for AOS... that's about it. The K3 lets you leave and re-enter multiple times but you don't actually get a greencard until you file AOS. The CR-1 will get you a GC stamp on entry, and about a month later it will arrive in the mail. No AOS. Totally the better option over K3.

Ok I think I understand. I had read Travel.State.Gov which says:

This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition.

I guess I'm just not too hot at deciphering these government sites. Thank god I found this site.

Yes and no. I wouldn't waste my time with a K3. The Cr-1 is the superior visa to K3 and both mean waiting again. Also, though you have filed an i-129F you would still have to file ANOTHER I-129F for the K3 because when you sent the I-129F for the K1 you weren't married (obviously) which would be a requirement for the I-129F for the K3 possible.

What I WOULD do in your position is still have the June "celebration" (seeing it's already planned) and then still continue the K1 route and get married when you get the visa in a court house or something. The only problem with this is the risk they don't permit you entry for the celebration, or the USCIS thinks your celebration was official and deny the K1 'cause they think you're already married.

The only reason I mentioned the K3 is because it lets me work and stay in the US while it is in process, from the small amount about it that I have read. Does the CR-1 allow the same? I'll have to look into it.

I think your second suggestion is a great idea and I think that is likely what we'll do. I'll have to look into visiting the US while the visa is still in process.

Thanks for the reply.

You probably already realise this, but you will have to move your wedding date if you can't get your visa in time. You can go to the US to visit while you are waiting, but if you get married before you get your K-1, your K-1 will be invalid and you will have to start again with a petition for spouse (CR-1).

This was going to be my next question. I think we'll just have to scrap the K1 and start again. Is the K3 a possibility?

Ok after these replies and reading the flowchart page, I'm fairly certain I mistook NOA1 with NOA2. I feel like an idiot.

I'm also fairly certain I will not have my visa in time for my wedding.

Thanks everyone for your replies. You've helped clear my head partially at least.

Thank you both so much for helping out. I'm feeling so overwhelmed and stressed right now.

Kattze: I called Brisbane on Friday 16th March, so exactly a week ago. So it was only 6 days wait as opposed to over a month in Sydney. I went for my blood tests on Saturday, picked up the results on Wednesday then flew to Brisbane for the medical yesterday. Great staff there.

Lainie: Thanks for clarification on that. I feel like a bit of a fool. It's entirely possible that what I was sent was NOA1. The petition was sent in December, the exact date I'm not sure. My fiancee just called the NVC and quoted the receipt number which starts with WAC but she was told that they don't have that receipt number. I'll have to find the receipt after work and double check.

Your timeline says you've only had your NOA1 since January.. you've still got a long wait yet to get your NOA2 unless I'm missing something. Are you sure you didn't confused the NOA1 for an NOA2?

I'm going to be honest with you, I don't know what NOA1 and NOA2 are. In January we received a receipt of approval for our I-129F petition that we sent to the US. It was a printed document sent in the post from the USCIS. That is NOA2 correct? That was 3 months ago and we haven't heard anything since.

Ok. Thanks for your reply.

I received the receipt of petition approval from the USCIS or whatever it is, but then never heard from the consulate.

Should I be contacting the consulate at all? I tried to call them once already but I got an Indian guy who didn't know any information and just told me to "wait" even though I said it had been about 3 months since the petition approval.

Hi,

I have a few questions about the process in Sydney for the K-1 Visa.

Our petition was sent to Dallas and approved in January. We were under the impression we had to wait to be contacted by the consulate in Sydney before taking further action. I've since read the Canberra Embassy website and they say to fill out a DS-230 and send that to the consulate; then gather medical, police check and other required documents and post them to the consulate who will then contact us with an interview appointment time. Is this correct?

I posted the DS-230 4 days ago and had my medical yesterday in Brisbane (Sydney was over a month wait to get in). The folks in Brisbane were very helpful though I was told they couldn't send me my results until I had been issued a case number. I thought that I would be given a case number AFTER sending in my medical and other documents? The lady in Brisbane said they have recently changed the process slightly so I'm not sure what to do.

So my questions are:

1. Is the consulate still supposed to contact me upon receiving the petition from Dallas? It's been over 3 months since the petition was approved and I haven't heard anything from the consulate.

2. Will the consulate issue a case number and appointment after receiving DS-230 or after receiving medical and other required documents?

3. If the consulate will issue an appointment and case number after receiving DS-230, how long will it take generally for them to contact me?

I hope this is not too confusing for people. I have so many questions and going through my head. I'm quite overwhelmed and confused right now.

Note: I did a forum search but all posts I found were from 2007/2008.