Dominic

OK, I spoke with two lawyers and they don't want me to talk to USCIS, they want me to cancel my appointment. Not only that, but all they told me is they would handle the paperwork with canceling the K3 and explain the reason behind the change via a letter. They would not detail as to how they would change the I130 petition to be a US location for Visa pickup as opposed to a Canadian consulate as listed on the form. I hate being totally in the hands of lawyers. I have nothing to hide, what could I say wrong to USCIS?

But the current I130 shows that she was going to be in Canada to receive the visa (whether CR1 or the K3), I would think that would have to change to the local office here in the US, thus I was thinking I would have to re-file the application.

The lawyers just sounded like they wanted the fees and they would handle it, no details on how they would go about canceling the current petitions...

Oh yeah, I made an Infopass appointment, maybe I can cancel the applications there?

Hello again, after speaking to two lawyers, they are both suggesting I go the AOS route. My question is, can't I file the paperwork myself instead of wasting thousands of dollars on them to file the AOS paperwork for me? I can see if they were representing me in court or something or attending the interview, neither of which they are doing or do you still feel it is better I spend the money?

Also, they would not tell me how to cancel my current I130/I129 K3 paperwork that's currently pending, do any of you know how I can cancel those applications?

Thanks again

Thanks for your input and concern. Her passport was not stamped, and no I94 given, typical entry for a Canadian I guess, with the presumption that they don't stay more than 6 months per calendar year.

Now, are you all suggesting that we hire an attorney and apply for an adjustment of status or to extend the Visa and continue with the K3?

Thanks for your input and concern. Her passport was not stamped, and no I94 given, typical entry for a Canadian I guess, with the presumption that they don't stay more than 6 months per calendar year.

Now, are you all suggesting that we hire an attorney and apply for an adjustment of status or to extend the Visa and continue with the K3?

My wife was planning on returning to Canada after our baby was born but fractured her pelvic bone in the process. She is out at least 6 months and they don't want her traveling for a few months but her 6 month per calendar year stay would expire. In fact, the doctors don't want the baby traveling for a few months either. The K3 process was started while she was here.

A few questions

1) Could she cancel her K3 application and file for Adjustment of Status from here?

OR

2) Could she apply for a "Visa" extension and continue the K3 process or would that raise a red flag? This way, she will return to Canada when she recovers.

Thanks for your input.

Is this a normal procedure?

I thought Chicago does the approval on K3s.

What has been your experience?

Thanks for your feedback.

What has been your experience?

Thanks for your feedback.

Hello All:

I am considering moving from Toronto to Vancouver since my husband cannot be with me during this K3 application process.

I am on maternity leave at the moment (1 year) and would prefer to spend the last days of my pregnancy in Vancouver with my family since I have no one else here in Toronto. Would this jeopardize my I130 and I129 application as I entered Toronto, Canada as the nearest consulate on the application form?

Thanks again for all your help.

Some additional information...

We received a NOA1 on the I130 and are ready to send in the I129. Since I am almost sure about this move should I just put the Vancouver address on the I129, instead of the Toronto address that I used on the I130. Would having Vancouver as the nearest consulate on the I129 and Montreal on the I130 be a problem? We were thinking about using the Toronto address on both forms to be consistent, and then change the address when I make the move a few weeks from now. What would you suggest?

Where are you at in the process? If anything, it's a good thing since the Vancouver consulate is much quicker than Montreal's (Toronto doesn't do K1 or K3 visas). You'll just have to request a transfer from Montreal to Vancouver once the petition gets there.

And, if you fill out your timeline, we can help even better.

We received a NOA1 on the I130 and are ready to send in the I129. Since I am almost sure about this move should I just put the Vancouver address on the I129, instead of the Toronto address that I used on the I130. Would having Vancouver as the nearest consulate on the I129 and Montreal on the I130 be a problem? We were thinking about using the Toronto address on both forms to be consistent, and then change the address when I make the move a few weeks from now. What would you suggest?

Hello All:

I am considering moving from Toronto to Vancouver since my husband cannot be with me during this K3 application process.

I am on maternity leave at the moment (1 year) and would prefer to spend the last days of my pregnancy in Vancouver with my family since I have no one else here in Toronto. Would this jeopardize my I130 and I129 application as I entered Toronto, Canada as the nearest consulate on the application form?

Thanks again for all your help.

Hello All:

I am considering moving from Toronto to Vancouver since my husband cannot be with me during this K3 application process.

I am on maternity leave at the moment (1 year) and would prefer to spend the last days of my pregnancy in Vancouver with my family since I have no one else here in Toronto. Would this jeopardize my I130 and I129 application as I entered Toronto, Canada as the nearest consulate on the application form?

Thanks again for all your help.

So in essense, leave the US city blank and just put the consulate in Toronto.

Do I need to send in a separate I129 form for each of the kids?

Thanks again...

If you file both, that is what the will assume. That is the "former". So, on the right side, put the City and Country where the appropriate Consulate abroad is located.

Hi and thanks for your replies.

So I file separate I130s but a single I129 listing the children's names?

Also, regarding question 22, Yodrak asked "are they going to adjust status or are they going to go for immigrant visas" and "Be aware that the USCIS is going to assume the former unless you are very clear about the latter."

I hope to get a K3 then adjust status in the US. What would I put in this case? How do I make it clear on the I130 form that I am going the K3 route? I am thinking I file the I130 and then in 2 weeks the I129, and then the adjustment of status in the US with the 485 form?

I have to go the K3 route as time is of the essense as there is a pregnancy involved.

Thanks again

Hello All:

I am not quite sure what to do here so any help would be most appreciated.

I am in the process of filing a k3 for my spouse and she has two children.

My questions are as follows:

Do I need to file a separate I130 for my spouse and one for each child or can I put them all on the same form?

Would I need to complete biographic information for the children as well?

Since we are going through the k3 route what should our answer be on question 22 on the form.

Thank goodness you're here to help...

Thanks.

Any advice on this?

Questions on address change in the middle of the application & Pregnancy

Hello to the Visajourney family,

Two questions:

1) What do we do if there is a change of address in the middle of the K3 process? My wife has her home on the market and if it sells before the K3 is final and she moves in with a friend, should she use the address of her friend on the 130 and 129f applications or should she use her current address and do a change of address if the home sells in the middle of the process? How do we notify them of a change of address? We feel the home will sell before the entire process is over.

2) Other question, she is pregnant, on the affidavits from friends and family that our marriage is bona fide, should they mention that she is pregnant or would that be a red flag? We also have to write a statement on how we met etc on the 129f form, should we mention that she is pregnant on that form? I don't know if they frown at those things or of it helps our case that the marriage is bona fide.

Thanks as always to this wonderful community for your support/advice.

Questions on address change in the middle of the application & Pregnancy

Hello to the Visajourney family,

Two questions:

1) What do we do if there is a change of address in the middle of the K3 process? My wife has her home on the market and if it sells before the K3 is final and she moves in with a friend, should she use the address of her friend on the 130 and 129f applications or should she use her current address and do a change of address if the home sells in the middle of the process? How do we notify them of a change of address? We feel the home will sell before the entire process is over.

2) Other question, she is pregnant, on the affidavits from friends and family that our marriage is bona fide, should they mention that she is pregnant or would that be a red flag? We also have to write a statement on how we met etc on the 129f form, should we mention that she is pregnant on that form? I don't know if they frown at those things or of it helps our case that the marriage is bona fide.

Thanks as always to this wonderful community for your support/advice.

Thanks again for all your advice...

Unfortunately, I can't afford to give up my job and move to Canada, I might be able to take a 1 month sbatical.

Can't she get a SS# on a visit to the US or does she have to have permanent residency status to get a SS#?

Unfortunately none she can depend on...

Alone? No family or friends?

Sorry but what does VWP and AOS mean?

I hear you, maybe we would have to wait, and definitely not sell the house. Would an immigration attorney be able to help at all?

Man, this really sucks, I really can't see her going through this pregnancy alone.

Thanks for your advice, keep it coming.

Thanks for your reply.

Is the information posted on that website wrong, in particular that "Canadian Visitors do NOT need to show proof of entry (visa or visa waiver)"?

http://www.nriol.com/immigration/usa-greencard-marriage.asp

Applying through Adjustment of Status with the USCIS.