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nj1023

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  1. Can anyone give us some advice? My husband is from Mexico, so our case is going through Ciudad Juarez. Here's some background...our I-130 was approved 11-18-05, sent to NVC and approved 12-21-05, then forwarded to Juarez and received in Juarez 1-23-06. Now we're waiting for the interview. My husband called Juarez and they said the typical waiting period is 9 months.

    My question- is it too late to try and get a K-3 visa now? I thought I read somewhere that you cannot file for a K-3 visa once the I-130 is approved. We did not file an I-129 at the time our I-130 was pending because he had to remain in Mexico until June 2006 to complete his 2-year home residency requirement (this is a requirement associated with his J-1 visa from when he was a student here). We mistakenly thought (silly us) that our case would be approved and we'd have the interview before his HRR was up. I was planning to file the I-129 around November 2005, but that's when our case was approved and everything started moving so quickly, I thought we'd have our interview in no time. I never expected that the waiting period at Juarez would be so long.

    Now his HRR is almost complete, and he has no visa with which to return to the US (besides a tourist visa). I told him to at least come here on the tourist visa and wait, but we have no guarantee how long his tourist visa would be approved for (3-6 months maybe) and would we get the interview within that time? Plus, he wouldn't be able to work with a tourist visa, and since he is currently working in Mexico, we don't want to risk losing his job.

    Is there anything we can do? Or must we just wait it out? :help:

    Thanks,

    NJ1023

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