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Meefsgirl

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    Timeline query

    in K-3 Spouse Visa Process & Procedures

    Posted

    On Friday 8th February, USCIS finally received my I-130/AOS package in the mail. It's done, it's over, and I want to thank Visa Journey for giving me the tools and tips to be able to accomplish this on my own. I did go see an immigration lawyer as advised. She did give me some good tips and told me I'd done a good job, but she said I had to have my medicals done and send them in with the package. Not later.

    Anyways, can someone tell me how to start my timeline? It's probably obvious but I can't see it. :blush:

    Thank you,

    meefsgirl

    It's okay!! I found out!

    Timeline query

    in K-3 Spouse Visa Process & Procedures

    Posted

    On Friday 8th February, USCIS finally received my I-130/AOS package in the mail. It's done, it's over, and I want to thank Visa Journey for giving me the tools and tips to be able to accomplish this on my own. I did go see an immigration lawyer as advised. She did give me some good tips and told me I'd done a good job, but she said I had to have my medicals done and send them in with the package. Not later.

    Anyways, can someone tell me how to start my timeline? It's probably obvious but I can't see it. :blush:

    Thank you,

    meefsgirl

    Stay or Go??

    in K-3 Spouse Visa Process & Procedures

    Posted

    Kez, I'm not understanding this...

    a) an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

    I don't have an approval notice or any of the others. All I have is an extension to stay until March 2008. I'm sending the I-130 at the same time as the AOS. There's nothing else.

    Sorry I didn't give enough info about the Affidavit... with the I-130 we now have to show proof that we are still married and together. They want us to show either joint accounts, mortgage, rent etc, or, an Affidavit from someone we know who will declare we are still together as a married couple. We don't have any of the former.

    Sorry to be such a thickhead... :blink:

    Stay or Go??

    in K-3 Spouse Visa Process & Procedures

    Posted

    Kez,

    I checked right through the packages and have a question or two... they probably have obvious answers, but still...

    With the Form I-485, in my case should I apply as 'other' as basis for eligibility and give them a short rundown of our history, and maybe include photocopied medical and eye doctor's certificates? I can't see how I can apply for any of the other eligibilities in the form.

    With the Medical Examination, does the dept let you know when to get the exam done or is it a guessing of when I ought to have it done?

    Also, how does one have an Affidavit done in the US?.. my husband hasn't had much experience with them.

    Any advice you can give is appreciated..

    Stay or Go??

    in K-3 Spouse Visa Process & Procedures

    Posted

    I'm saying you can stay until your I-94 says you have to go. As for hardship filing, I'd consult an attorney or make an infopass appointment with USCIS locally.

    Hi pushbrk,

    I tried to apply for INFOPASS for this area online and was given a message that Chicago doesn't do interviews anymore.

    So, I phoned the immigration dept and talked to an officer (I think he was an officer) and gave him all our details. That is, that my 1-94 says I have to go back to Australia in March, but after talking to him he suggested I start the I-130 now while I'm here (and while there is another four months left on my visa)) and that I wouldn't have to go back to Australia until the process was complete and that we may be able to get it expedited. He said because I've been his carer all this time and he can't read or write because he's clinically blind, that they wouldn't make me go back in March...

    However, I don't know whether to trust that advice or not. There is no provision in the I-130 for me to share the details of my husband being so ill and blind and that I'm being his carer, and, this question is asked in the I-130...

    If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American Consulate in:

    What if I'm NOT eligible for adjustment of status while I'm here on a B2 visa for any reason?

    The officer made out that if I start the process now I wouldn't have to go.... I guess I should phone them again and see if another officer tells me the same thing...

    Stay or Go??

    in K-3 Spouse Visa Process & Procedures

    Posted · Edited by Meefsgirl

    I'm Australian and I married an American and I'm here in the States on a 1 year visa. I've heard it can take months before the petitioning in the States is done on the K3. So, my question is, is it legal or okay for us to start the petitioning while I'm here and when the US immigration sends my case to the Embassy in Sydney and they send documents to my address down there... is it okay for me to return to Australia then? Or, do I have to leave here as soon as we start the whole process?

    I have an extension of stay until next March. I was thinking of starting the petitioning in December this year or January next year.

    Thanx...

    Just don't overstay your visa. Otherwise, file the petition when you're ready. I'd stick with the I-130 though and skip the K3. At least consider carefully first.

    Were you already here when you decided to marry? If so, no visa is needed. Just adjust status and stick around.

    DITTO

    Thank you for the replies.. :thumbs: , so that appears to me to be saying it's okay for me to stay here in the States until the NOA2 is approved?

    I need to ask another question or two, so I'll give a bit of background first...

    My husband and I were married in October 2006 while I was on the three month visa waiver. At the end of the three months I went back to Australia to begin the immigration process.

    My husband has had an ongoing illness for twelve years now, and when I returned to Oz he became so sick he couldn't do the paperwork for the petitions, and after three months he became deathly ill so I applied for and received a twelve month visa to come back.

    When I crossed the border at Los Angeles I was stamped six months and told to reapply for the other six months (and pay more money!). I've reapplied and got the other six months, but in all this time my husband has had major health problems to the point he is clinically blind at the moment, though it 'may' get better. Hopefully it will. But I still have to leave in mid March whether he's better or not. So, I was thinking that getting the process going possibly next month (November) we could get that NOA2 just before or about the time I return to Oz (next March) and that would be less time I would be away from him.

    Question: Is it possible for me to stay here and do the process on a hardship clause? Is there any information in this site about it? Is it a safe way of doing it in this situation?

    If my husband is not much better before I go he not only will need home help he may end up in a nursing home as there is only his very elderly parents to look after him.

    Thank you for your help...

    Stay or Go??

    in K-3 Spouse Visa Process & Procedures

    Posted

    I'm Australian and I married an American and I'm here in the States on a 1 year visa. I've heard it can take months before the petitioning in the States is done on the K3. So, my question is, is it legal or okay for us to start the petitioning while I'm here and when the US immigration sends my case to the Embassy in Sydney and they send documents to my address down there... is it okay for me to return to Australia then? Or, do I have to leave here as soon as we start the whole process?

    I have an extension of stay until next March. I was thinking of starting the petitioning in December this year or January next year.

    Thanx...

    hardship clause

    in K-3 Spouse Visa Process & Procedures

    Posted

    hi margot

    found this on the aussie site that might help ya with that question..

    Australian citizens are usually issued with a multiple entry B1/B2 Business/Tourist visa valid for 12 months or 5 years. For fee information Fees for non-immigrant visas. The validity of the visa has no bearing on the length of stay. Each time you enter, the Immigration Officials at the port of entry will determine how long you may stay. If the amount of time given to you is not sufficient you may contact the nearest the United States Citizenship and Immigration Service (USCIS) office, or under its parent agency, the Department of Homeland Security (DHS). You should apply for your extension well in advance. Approval or denial of the extension is at the discretion of the USCIS.

    this might be the type of visa she obtain...

    as for the hardship application...im sure someone on here can help you with that...could it be a waiver application that you have to send in...

    i would do what margot suggested...stay in the states look after your husband while your pettition is pending then go back to oz for your medical police check and interview in sydney and get back asap to your hubby...

    good luck to you .. sorry i cant be of any other help to you...

    kath

    Thanks for that, kath. I thought tourist visas could only receive six months validation, so that's good to know it's different for Australians. :)

    Meefsgirl - Just to be sure there are no problems down the line, double check that your tourist visa has been validated for a 12 month stay and not just that the visa itself is good for 12 months.

    Yes, I was able to get a twelve month visa at the Consulate in Sydney. They asked me if I wanted a five year visa but when they found out I was married to an American they said sorry no you can only have the twelve month. I was told in advance that when I came in through the border they may only stamp my visa for six months, which they did and I've applied for another six months. AND paid another two hundred dollars. :angry: Here's hoping I get that one.

    There is an 1800.. phone number I can ring in the States here to find some help, it's an immigration project. I phoned it a few weeks ago but the person who answered was no help at all. I may phone them again to see if I can get another person to speak to. I guess we may just have to do what Kath first suggested.

    hardship clause

    in K-3 Spouse Visa Process & Procedures

    Posted

    Does anyone know of a hardship clause in immigrating to the States?

    We were married here in the States last October and I went back to Australia to begin the spouse visa process but before my husband could start work on the 1-130 he became very ill. I had to get a twelve month visa and come back asap. Now he is nearly blind and still very ill and unable to look after himself. This is not something that will leave him for a long time.

    Is there something somewhere where I can apply for a permanent visa while here in the States?

    Thanx

    When you have the intent to immigrate at entry, there is no possible option without returning to Australia for an interview. However, if you have permission to stay for 12 months, you should be able to get everything together and done for the visa and only have to return to Australia for the interview and then return on your new visa which would result in a green card upon entry.

    As a side note, I have not heard of a 12 month visa before. What type is it and how were you able to obtain? I'd like to know in case it's something I can mention to anyone else in a similar situation.

    Yes, we had thought of that, but the thought of having everything timed right is a little daunting. It may be our only way though.

    Thank you anyways.. :)

    hardship clause

    in K-3 Spouse Visa Process & Procedures

    Posted · Edited by Meefsgirl

    Does anyone know of a hardship clause in immigrating to the States?

    We were married here in the States last October and I went back to Australia to begin the spouse visa process but before my husband could start work on the 1-130 he became very ill. I had to get a twelve month visa and come back asap. Now he is nearly blind and still very ill and unable to look after himself. This is not something that will leave him for a long time.

    Is there something somewhere where I can apply for a permanent visa while here in the States?

    Thanx

    Health Insurance

    in Moving to the US and Your New Life In America

    Posted · Edited by Meefsgirl

    We are currently sorting out health insurance at the moment too and are going with a plan for me that includes dental and is $140 a month with Blue cross blue shield. Seems like a pretty good plan too from what we have read.

    This sounds good and I may look into that insurance company too.

    I have a question concerning pre-existing conditions. I currently take three different medicines all the time, does having health insurance in the US mean they will help me with the costs of these medicines? They would probably cost all up about four hundred and fifty dollars a month, US.

    If they don't cover for this then there is no way I can afford to live there as I couldn't live without them (I don't mean that literally.. but it would make life too hard).. :(

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