Bruce H

I've just filed my taxes this year and filed married filing jointly. The W-7 form is attached to my tax return. My accountant had been through this before as he had adopted a foreign baby and needed to file the W-7 to get an ITIN number.

You need to get a notarized copy of your spouse's passport. This can only be done by specific notaries. Usually the consulate/embassy has US notaries available that can provide this copy. Your spouse also has to fill out the W-7 and sign it. In Taiwan, they had the W-7 right there and had her fill it out and sign before she left with the copy of her passport.

You then attach it to the front of your tax return.

My accountant says the only problem that may arise is that the because the ITIN may take awhile, it's possible they will process your taxes and disallow any deductions, etc. relating to filing jointly, however, he says that is easily corrected once the ITIN comes through. We'll see what happens. I just mailed my returns about 2 weeks ago.

Bruce

Congratulations on the visa and the two-month I-824 process. I take it she'll be traveling back to Taiwan for a CR1 interview in the future. "Close" is a relative term. You're three or four months from a CR1 interview.

Yes, she will go back to Taiwan for the CR-1 interview.

You are right, "close" is a relative term I guess after going through this process, it makes it seem like a few months is not so far. Kind of like when the gas prices go up $3 a gallon and then drop by 10 cents and we feel a little better for some reason.

My wife passed her K3 interview on Monday in Taiwan. She said it was not difficult and only took about 10 minutes. I don't have the details yet about all the questions they asked her. For my I-134, I had given three years of tax returns plus lots of asset information and she says they did not take any of it except the form itself.

It looks like the CR-1 will be following close behind. She has already sent back the DS-3032 choice of agent and I have sent in the affidavit of support payment to NVC already. Even though we had to do the I-824 to move the I-130 to NVC after approval, both visas still look to be fairly close together.

Bruce

We've got both the K3 and the CR1 in process. My wife is having her K3 interview on Mon Apr 7, but the CR-1 is moving along as well. I've already sent the affidavit of support fee and she has sent the DS-3032 form in.

My question is about the timeline here. I've been filling it out as a K3 visa, but I would like to enter information about the CR-1 as well. If I change the visa type, will it lose all the K3 information I have in there now? Anyone else run into this?

Bruce

I know some people are curious about the I-824 process to move the I-130 along to NVC. Our I-130 and I-129F were approved in December. I immediately filed the I-824 to move the I-130 to NVC so we could ultimately get the CR-1 visa. CSC received our I-824 on Dec 10. I just got two notices in the mail today. One was an approval for the I-824 and the other was another approval notice for the I-130 which now says it is going to be sent to NVC. So, it took about 60 days for approval of the I-824.

I guess the dilemma is what to do now. The K-3 packet was waiting for my wife in Taiwan when she went back Jan 21. We have most of the stuff together and I'm about to send the affidavit of support to her so she can return everything and get an interview date.

Anyone know about how long it should take to get the I-130 through NVC?

My wife was planning to stay in Taiwan until April, even with the K-3, so I'm wondering if it's better to just focus on the CR-1 now.

Bruce

Just an update. We got our notice from NVC today saying they received the petition from CIS on 12/26/2007. So our I-129F was approved on 12/03 and it took 23 days to arrive at NVC.

Bruce

CONGRATULATIONS!! GREAT CHRISTMAS PRESENT I AGREE!!!

I was just wondering... where can I find info regarding filing I-485 to adjust status and form I-824 to move I-130 along. I thought that being that I-129F is going to NVC/Embassy (k-3 route) that when beneficiary is in US then we could file AOS/EAD before 2 year anniversary? Please share because I don't want to miss anything or mess up anything. Thanks!

gwen

When you file for the K-3 visa and CIS is able to pair your I-130 with your I-129F, then they assume you want the K-3 and they will only send the I-129F on to the NVC. What they expect and probably what most people do is to have your spouse arrive here in this country on the K-3 then file the I-485 to do the AOS which is what you mention above.

In our case, however, we prefer the CR-1 visa since there is no AOS required and the cost is much less. We have no problem if my wife needs to go back to Taiwan later for her CR-1 interview, so I've chosen to file the I-824 to tell CIS to go ahead and send the I-130 to the NVC as well. It will probably take extra months for the CR-1 to make its way to Taiwan and get an interview scheduled. In the meantime, we will still let the K-3 process continue and she can come here on the K-3, we just won't file for AOS, but wait for the CR-1 interview to be scheduled.

Bruce

I got the letters of approval today for the I-130 and the I-129F.

MariEnMichelle, keep checking your mailbox. Looks like you are on an almost identical timeline.

In the mail today I received the approval letters for both the I-130 and the I-129F. So July filers, have hope because you may also get an early Xmas present from the USCIS

Since they seem to have paired up the applications, the I-130 approval letter says that we will need to file the I-485 to adjust status as I expected. The plan now is for me to file form I-824 to move the I-130 along and eventually get the CR-1. In the meantime, we will let the K-3 go through so she can come here earlier.

I thought with the holidays we might be waiting until next month, so this was a great surprise.

We are in the process of waiting for our I-130 and I-129F that we filed in July to be approved. My wife still has a valid tourist visa from Taiwan good through Oct 2008. We decided to try and have her come for a visit.

I gave her a letter I had written explaining that we are in the process of getting the proper visa and that this a one month trip so she could meet some of my family that she has not been able to meet yet. I attached copies of the NOA-1 for both the I-130 and the I-129F, and a copy of our I-130. I instructed her to be totally honest when answering the agent's questions, but only answer what they ask and don't volunteer more information than she needs to. I was a bit worried because she does not have a job anymore over there, but she did get a letter from her dentist because she has some dental work she needs to have done in about 6 weeks.

She arrived in SFO yesterday, on the 18th of Sept. When she came to the first agent, he asked the purpose of her visit. She answered that she was here to meet some of her "new family". Of course that sparked some more questions and she showed the officer the letter and papers I had given her. The officer asked if she could do him a favor and walk over to one of the interview rooms. She did so, unescorted.

She said she waited about 20 minutes and then another officer came to talk to her. This officer reviewed her paperwork and asked some questions. He then said he would allow her in because she was honest with them and they knew she would go back to Taiwan after one month for her dental work. They asked how long she was here on her previous visit and when she told them from April to July, they sort of joked that was more like living here and not a vacation. They also told her that if she stayed more than one month, she could be affecting the process for her visa.

Before leaving, she asked if she would be able to come visit again for a month or so while we wait and the officer said there's no reason she shouldn't be able to come visit her husband as long as she doesn't stay too long.

Just wanted to relate our story since so many people wonder about this.

Bruce

If approved. It will still go forward.

Thank you, I hope you´re right...

Has anyone here been in the same situation?

I think you should check some of the other posts here. As of about last October or so, the policy was changed so that if you do have an I-129F on file, they will not forward your I-130 to NVC unless you specifically asked for consular filing when you filled it out. They hold the I-130 since most people use the K3 and adjust status when their spouse arrives. If you want to keep the I-130 moving, there's another form you need to file and it can take a few months for it to get processed and your I-130 to continue on to NVC.

That being said, there do seem to be some exceptions here where people have seen their I-130 proceed on to NVC. Maybe it's just a glitch, or a mistake by USCIS.

Bruce

I sent our I-129F to Chicago on July 21 and got the NOA-1 on July 28

I'm in the same boat, but my NOA 1 was dated earlier - July 20. I still can't see it online. I did call USCIS and they have it and it's in their system, so the same is true for you. I guess we just have to begin the process of learning to be very patient throughout this whole process. But it's killing me already!

It finally showed up online today. Shows that our I-129F was transferred to CSC on 8/13/2007 and a notice sent out.

I received my NOA-1 for the I-129F on 7/28/2007 with a received date of 7/23/2007, but I still don't seem to be able to pull up the info online via the receipt number. For the I-130, the info was already online when I saw the cashed check on my bank's website. I mailed the I-129F to Chicago, so does it have to get to the CSC before I will see anything online?

Bruce

When I look at the CIS web page where you download the Form I-129F, it seems to be saying that K1/K2 visa applications should go to the service center where the I-130 is filed, but for K3 visas, it still says to send to Chicago. Was there some other bulletin from CIS about this? Here is the text from the USCIS Web Page:

...

Never mind. I saw another post with this link:

http://www.uscis.gov/files/pressrelease/Up...iling062107.pdf

Go figure that they would have conflicting information

Bruce

We've been discussing for several weeks that filing both petitions together at the appropriate service center is the new official procedure. Sorry you filed just before the change but your suggestion is now old news, not well propagated.

When I look at the CIS web page where you download the Form I-129F, it seems to be saying that K1/K2 visa applications should go to the service center where the I-130 is filed, but for K3 visas, it still says to send to Chicago. Was there some other bulletin from CIS about this? Here is the text from the USCIS Web Page:

hi all i would like to know if anyone else is have the same problem with csc with reciept notice.

my i-130 was recieved on june 11 and notice sent but havent received any thing as of yet from them i know they had computer problems and it is fixed now i called them last week and was told they havent forgoten about me was there response but still havent recieved the noticed yet.i am wondering if lost in mail or WHAT

another thing i have been reading on this site is james short cut thats all i see what is it or what does it stand for

I just got the NOA-1 for the I-130 today from CSC. They received my package on July 12, so only 8 days.

Bruce

Hmm, I'm curious. I just sent my I-130 on July 10 with the old fee. It's possible I might not get my NOA-1 so I can file the I-129F until after July 30. What does that mean for me? Would I still send the I-129F with no fee and I get a discount over new filers?

Bruce

Well, I just dropped my I-130 package off at the post office. My wife left last night, so we are beginning our journey. I hope that we don't get slowed down by a flurry of filers trying to beat the rate increase.

I've started my timeline entries.

Bruce

My wife and I got married in May while she was here on a tourist visa. She is going back to Taiwan on Monday and I will file the I-130 and I-129F for the K3 visa. She still has a valid US tourist visa that doesn't expire until Oct 2008. While we are waiting for the K3, is there any law or regulation that prevents her from coming back to visit on her tourist visa while we wait for the processing?

Does anyone have any experience with this?

Bruce

Thanks everyone for your informative answers. I can see this site will be very helpful with the whole process.

Bruce

I'm looking to file for a K-3 visa and in reviewing the instructions for form I-129F, I see lots of errors and contradictions. I tried calling the CIS general help number, and they just told me that they cannot help me fill out forms and they've never had anyone complain about their forms being wrong. They said I would need to make an appointment at my local office to talk to an officer to complain about the form

Maybe some of you who have filed already can fill me in...

Here's the issues I've seen so far:

Question 1C. References Question 11, “How do you use this form for your spouse seeking entry using a K-3 Visa”. However, Question 10 is the proper section. (obvious error)

Question 8B. Says to attach "passport" style photographs of myself and my spouse, then goes on to say "in a 3/4 frontal view". Is it a passport photo, or a 3/4 frontal view photo, like for the green card? The guide here seems to indicate it should be a standard frontal passport view.

Question 10. Says to file documents listed in questions 3, 4, and 6 and omit documents in question 5. Questions 3 and 4 do not pertain to documents. Question 6 is about if a document is not available, so what documents do I need? It appears the instructions should be to file documents listed in questions 5, 6, and 8 and omit documents in question 7. Is that correct?

Question 10. Says to answer questions B.17/B.18 as N/A, but those questions are yes/no checkboxes. Is it referring to the right questions and if so, just write N/A next to them?

I can't believe there are so many inaccuracies in the instructions. No wonder people hire lawyers to fill these things out.

Bruce