jingai

I just received my packet 3 from Montreal yesterday and it instructs to complete and return form DS-156 and form DS-230.

Yeah, they messed up the first time around and sent us the wrong packet. We just received the correct one and filled out the DS-156 as instructed.

My problem now is.. they instruct you to send back the checklist once everything has been obtained. We have everything but the medical examination, because it says that you need the appointment letter to bring to the doctor. But, later on, it says you can't get an appointment letter until the checklist has been returned.

We're considering just checking the box and sending it anyway, since we don't want to delay our appointment letter. Is this what most people do?

-j

Ok, thank you for clearing that up.

What about the DS-156 though? Ignore it for now since Packet 3 didn't mention it?

-Jonathan & Jenn

K-Visas use DS-156 https://evisaforms.state.gov/ You can use this electronic one, it will generate a unique barcode on page 3 that the consulate can use to quickly enter the data in the form into their system.

Yes, but our packet 3 from Montreal didn't instruct us to complete the DS-156. My question is, does this mean they don't need it, or they forgot to mention it?

-Jonathan

Ok, thank you for clearing that up.

What about the DS-156 though? Ignore it for now since Packet 3 didn't mention it?

-Jonathan & Jenn

K-Visas at all consulates use I-134 because K-Visas are NON-Immigrant visas. I-864 is for Green-Cards.

I am confused though because our Packet 3 we received from Montreal specifically says to use I-864EZ. Is it just a generic letter?

-Jonathan & Jenn

Hello, we finally received packet #3 from Montreal. However, our packet did not include any reference to DS-156, as the guide suggests it would. Has this form been obsoleted, or am I missing something?

Also, for the Affadavit of Support, they included a link in the packet to http://www.travel.state.gov/visa/immigrant.../info_3730.html. This link takes you to form I-864, which I believe to be a longer version of I-134, correct? It states there that I-134 is not acceptable. Is this right?

Thanks in advance for the help,

Jonathan & Jenn

Gah, fantastic. I finally heard from them and they claim they sent Packet 3 out on January 17, but my fiancéé has yet to receive it.. I guess it got lost. Anyone know if there is any way to track the package? I emailed them about it but they took 2 weeks to respond last time..

-j

Hello all,

I recently emailed the Montreal Embassy concerning our I-129F Petition because it had been over 30 days since we received the NOA2 from the USCIS. 2 weeks later I still have not received a response from a human being, instead I got this automated reply:

Thank you for your inquiry. This is an automatic response that may or may not answer your inquiry. Please be patient for a specific response within 2-3 business days.

If your inquiry concerns a case where the I-130 petition was filed at a U.S. Consulate in Canada, please be aware that there is a high volume of cases waiting to be scheduled for appointments. Resource shortages may delay processing for 4-5 months after we receive notification that you have all of your required documents. Thank you for your patience.

In order to serve applicants faster, we do not respond to inquiries requesting confirmation of receipt of documents or faxes, nor will we be able to answer multiple inquiries about the same issue. Some applicants call on the phone, send an e-mail and a fax to ask the same question or a variation of the question. We have a small number of employees who respond to all the inquiries. It only delays the service we can provide if you make multiple inquiries. We will not respond to multiple e-mail inquiries asking a duplicate question.

If NVC sent you a letter stating that your file is complete and it has been sent to Montreal for scheduling, the file has NOT actually been sent to Montreal but it is waiting at NVC until an appointment can be scheduled. We currently have a 4-5 month wait for scheduling appointments after NVC receives the OF-230 part 1. You will receive an appointment letter in the mail when your appointment has been scheduled by NVC. You can expect to receive this appointment letter several weeks before your appointments. Please remember to bring ORIGINAL documents of birth, marriage, divorce certificates, etc.

If your inquiry is regarding processing of an immigrant visa for a case where the petition was filed in the U.S. and it has not been scheduled for an appointment, please send your inquiry directly to the National Visa Center (NVC). To contact NVC, please forward your inquiries by email to: NVCInquiry@state.gov. If you have been informed by USCIS that your petition has been approved and forwarded to the Department of State, please contact NVC directly.

If you are inquiring about a new family member whom you wish to add on to an approved petition stored at NVC, please contact NVC in writing providing petitioner and beneficiary's names and dates of birth, case number, receipt number, and copy of birth certificate. To contact NVC by phone, you must call between 8:00 am-8:45 pm, Monday-Friday, Eastern Standard Time (EST). It may be easier to reach NVC during the morning. Follow the prompts to speak with an operator. Telephone: 603-334-0700. You may also inquire via facsimile - Fax: 603-334-0791.

You can learn more about immigrant visas, in general, and the National Visa Center, in particular, at

http://travel.state.gov/visa/immigrants/ty...types_1309.html.

Thank you.

IV Unit Montreal

Does this mean it will be at least 4-5 months for us to get an interview? That seems ridiculous.. someone please tell me I'm reading this wrong.

Thanks,

Jonathan

We thought about the same possibilities, for the same reason.

Get married, get US insurance, file for a K3 and... me to go visit 3 months or something. (like the last 3 months)....

Or just wait in canada (montreal), deliver the baby there and move with him/her after (then you wonder if a newborn can safely fly (not so sure about that))

Tell me what you guyz had decided (good to know anyway)

She will have the baby here in the US now that we know she will be covered. I want to be with her for as much of it as possible, if not all of it

-jonathan

I have gotten written confirmation from the insurance company that we indeed will be covered

Thank you all again!

-Jonathan

Not true.

If you had a medical condition in the past, but have not received any medical advise, diagnosis, care or treatment within the 6 months prior to your enrollment date in the plan, your old condition is not a preexisting condition to which an exclusion can be applied.

Moreover, under HIPAA, preexisting condition exclusions cannot be applied to pregnancy, regardless of whether the woman had previous health coverage.

Ok, this sounds very promising. A call to the insurance company citing this yielded better results, though no definitive answer yet. Should hear from them later today, though.

Thank you all VERY much. Thank God for the internet

-Jonathan

it should of course even if canadians heatlh care is way different...it should still be consider as " previous" health care.

Googling around, it appears the law only applies to previous group plans. I have no idea if this includes Canadian health insurance.

Anyway, in my opinion you are almost at the end of process for visa so just hang in there.... ( a pregnancy last 9 months after all loll ) so youll be with her soon enough...and you could always even check to find her the best doctor in us to take care of her and the baby

Indeed, but the problem is that I need to get health insurance ASAP if they are going to consider it a pre-existing condition. At this stage, she is likely around 2 weeks, so if we are to get married right this second, she would 100% definitely be covered. It's not so certain if we wait the 2 months or so it will take to get the VISA.

Congrast its a wonderful news.

Thank you all, it is indeed fantastic news. The prospect of paying out of pocket scares me lol, but we're very excited nonetheless.

-Jonathan

Check again, pregnancy should not be considered a pre-existing condition for health insurance... Under the HIPAA law of 1996, health insurers cannot consider pregnancy a preexisting condition

It seems the law only applies if she previously had health insurance. She is Canadian, so she has health insurance in Canada, but does that apply here?

-Jonathan

So I found out this morning that my Canadian fiancéé is pregnant. This is wonderful news for us both and we're very happy, but.. I cannot add her to my health insurance I have through my work until we are married, and if we don't add her soon, they will consider it a pre-existing condition and not cover any expenses until the child is born.

So, I'm wondering what my options are. She has health insurance in Canada of course, but I would obviously want to be there for her during as much of the pregnancy as possible.

One potential option would be to just get married now and add her to my policy. I realize we would likely have to re-file, which is not optimal, but something we might be willing to go through. Would the USCIS be more likely to deny us the second time around though for doing it this way?

We would really like for her to go through the pregnancy here in our own home, together, in the US. Obviously we will do whatever is best for the baby, but... has anyone got any suggestions? Anyone gone through this before that can relate their story?

Thanks,

Jonathan

There's no guarentees of course, but theres nothing illegal or wrong about her visiting you in the US. The thing I'd worry about is getting denied entry at the border, but that shouldn't hurt the visa process. My fiance and I have never had any problems (which is not to say you won't) crossing the border either direction. Personally, I would be honest with the border guards, but not disclose more than they ask. ie she should say that she is visiting her boyfriend for a few months and plans to return at christmas, but should not tell them that you are planning on getting married and she is seeking to immigrate UNLESS they ask for such information. As long as she doesn't lie and has her story straight it should be fine. Good luck! And Congratulations!

For how long did you spend together when you travelled? Would 4 months be excessive you think?

And thank you for the congratulations We are so in love!

-Jonathan

Is she going to have a return ticket? (also might want to look into refundable tickets in case you have a problem)

PS they may give her a hard time at the border too b/c she doesn't have a job and it'll look like she's just kinda doing nothing for the next few months.. and obviously she doesn't have anything keeping her really in canada. You might try getting letters / statements from her family in canada with contact numbers and stipulating when they expect her back and so on..

She is actually driving across the border with her family (parents and one sibling). She will have a return plane ticket, though, since we will be going to Canada together for Christmas.

We're just nervous about everything right now, so we're trying to do everything as correctly as we can. We miss each other so much at this point though that another 4 months apart is hard.

-Jonathan

if she doesn't have proof of ties to canada (showing the immigration officer that she will still return to canada b/c of unfinished business), she could very likely be turned away..

as far as insurance goes, people either go under their SO's plan or get their own..

When she has visited previously she has simply shown her passport and come on through. Mind you, this is in a car -- she drives to Detroit and flies from there. I am wondering mostly how much she needs to disclose. I don't mean that she intends to lie, just omit that we have filed for the K-1.. saying, "I am visiting for pleasure for 120 days to see my boyfriend." Does the USCIS frown upon this?

As for the insurance, I have a group plan where I work, but I don't really think they would insure my fiancee?

Can anyone recommend a decent short-term plan for visitors?

Thanks again,

Jonathan

Hello,

This has likely been asked before, but I really would like to hear from anyone that has immigrated from Canada to the US with the K-1 Visa.

My fiancee and I will begin the filing process in a few days (package is together, just waiting for some documents she mailed to me). We really want to do everything right, but if we can, we would rather not be apart. We had plans to meet together halfway in Knoxville for Labor Day weekend (driving, not flying), but we are now curious if she can remain here for longer than just that weekend.

Ideally, she'd stay with me until Christmas, at which point we will both fly to Canada to spend the holidays with her family. She will then remain in Canada until the Visa is issued.

This means, however, that she will be quitting her job before September (she cannot get a 4 month leave of absence, of course). She is also currently living with her parents to save money.

If she were to visit as a guest from September to December, would we be hurting our chances in any way? She doesn't have much evidence to prove her ties to Canada. Even though we truly do intend to do this the proper way, I'm wondering if they might not see it that way.

Also, at the border, should she simply announce that she is visiting for pleasure for 4 months? Or should she tell them our full intentions (visiting for 4 months, return until application approved, etc)? If she omits the latter, could this upset the USCIS?

If she discloses it, could the border guards turn her away?

It hurts so much to be away from her. I want to do all of this properly, but if we can see each other in the meantime, we really want to try.

Oh, also, since she will no longer have a job, what do people normally do about health insurance? Just be really careful?

Thanks in advance,

Jonathan