Helen&Dougie

Okay I should have gone through all the topics first someone already asked this question, sorry (it brought up related topics after I posted). Well the date on my Case Status Online is and always has been Feb 24 2008. So I am assuming this means that my case is still pretty much being used as a coaster or a door stop somewhere in the VSC cos apparently nothing is happening on it. This is all so frustrating waiting for the NOA2.

Even sadder that I'm replying to my own post lol.

Does anyone know when they actually post the new updates on processing times. They seem to update them on the 15 of each month, but they still haven't gotten the new dates up.

I've noticed on alot of timelines people have dates for a "touch" we were put into the system 24 Feb 08. So what exactly is a touch and how does one go about finding out if they they've been touched?

Can anyone help please

I received my NOA1 for our I-130 on Dec 31, 2007. On Feb 24, 2008 I got a note saying our case was now at the Vermont Service Center (we filed in Texas and it was sent to Vermont). I was looking at Delicia's timeline spreadsheet for the Vermont and California Service Centers and noticed that everyone else who received their NOA1s got NOA2s 1 to 2 months ago. Its been 118 days since we received our NOA1 and we still havent heard anything, is this something to be concerned about? I dont really know if its outside of their (USCIS) "processing" times or not. Is there anyone else who received their NOA1s in Dec 2007 that have not yet received their NOA2s?

Does anyone know how current the police records have to be, my husband was checking into it at his police station, and they told him it would take them atleast 40 days to mail his records to him once he paid the fee. So is it okay for him to get them now or should we wait until we atleast get the NOA2 from the I-130? I don't want to get them too soon, but I don't want to wait too long either.

I talked it over with my husband, read him the information I found on the CR-1, and thats the route we have decided to go with, may be a little bit longer, though I'm not too sure on that considering the recent delays over the past few months with the price increases and the rush to beat them. At any rate, we've waited this long, we make it through day by day with phone calls and webcam chats and emails and after 3 years of being together (1 year married) - though you really can't call it "together" - we still love each and spend our free time talking and the rest of the time working and saving for our future plans. So a little longer of a wait will be nothing. Thanks for the advice and help we really appreciate it.

Hugs

Helen

Your filing status on your 2006 Income Tax return is correct. Internal Revenue Code Section 2 talks about Definitions and special rules. Section 2(B) talks about the definition of Head of Household filing status. Under Section 2(B)(2)( C ) it states that for purposes of determining Head of Household filing status a taxpayer shall be considered as not married at the close of his taxable year if at any time during the taxable year his spouse is a nonresident alien. Your spouse was a nonresident alien during 2006 and therefore you qualify as Head of Household.

So I can file my 2007 Income Tax return as Head of Household as well? My husband still lives in England, and has all throughout 2007. That was a big relief reading that, thank you so much.

We mailed our I-130 on 06 Sep 2007 the Texas Service Center received it on 10 Sep 2007 and we finally received our NOA1 on 31 Dec 2007

Helen

Consider saving $1010 and just stick to the I-130, CR-1 is only taking a bit longer to get from London, and results in a green-card upon entry to the USA.

K-3 requires Adjustment of status ($1010) and K-3 is NOT work authorized so has to wait 90 days or more after filing for AOS and EAD to get work authorization, all that time not being able to work, get SSN, and not able to get a driver's license.

I read all the time of people wailing about the added pains associated with the K-3.

Also if you do file the I-129F, USCIS will hold the approved I-130 assuming you will adjust status.

You are filing a K-3 petition for your spouse.

The Service Center where the underlying I-130 petition is currently pending. Use the address listed on your most recent receipt notice or transfer notice and include a copy of that notice with your Form I-129F.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

So either CSC or VSC depending on where Texas sent your I-130.

So what do I do to file the CR-1? Do I just not file the I-129F package and it will go from there on its own for the CR-1 or what? Thanks for the information, definately worth looking into. Always up for saving $1010 lol.

Helen

A topic on taxes caught my eye and I read through it. We married Dec 16, 2006, I filed my 2006 taxes as I always have, head of household and claimed only my children as dependants. Did I do this wrong? I figured since he wasn't in the US (and still is not), and has never worked in the US, and didn't have a tax identification number or social security number I filed as I always do. I went by the information on the W4 I do at work that states if you are married to a foreign spouse who resides out side the U.S. file (on the W4 as Single, Head of Household) I read all this other stuff on how I'm supposed to file married filing jointly or married filing seperate. And I am supposed to pay taxes on his income, when I don't even use his income? How am I supposed to identify him when he doesn't live here, has no US documentation, no SSN, no tax id number, nothing. Am I gonna be in trouble for filing last years taxes as head of household? How am I supposed to file this years taxes? Is this gonna mess up our visa application? I dont understand all this tax stuff, he has never been here on a visa, just the VWP. I really don't know what I am supposed to do and after reading everything it really has me worried.

Can anyone help me with this please?

Helen

We finally got our NOA on the I-130, I have the I-129F package assembled and ready to go, but while checking where to mail it to I ran into a problem,

the Step by step guide on visajourney says :

On or After July 30th, 2007:

Section 12 of the I-129F instructions lists where you should mail the completed form(s). For a K-3 Visa you should send the I-129F to the Service Center where the the underlying I-130 petition is currently pending. Use the address listed on your most recent receipt notice or transfer notice and include a copy of that notice with your Form I-129F.

I mailed the I-130 to the following address:

USCIS TSC

PO Box 850919

Mesquite, TX 75185-0919

The address listed on my NOA is:

U.S. Citizenship and Immigration Services

USCIS Vermont Service Center

75 Lower Welden Street

Saint Albans, VT 05479-0001

Can someone please tell me which of these 2 addresses I need to send the I-129F package to?

Thanks

Helen

we filed our I-130 the first week of this month to the Texas SC and I called them yesterday about it, they said right now due to people trying to beat the price increase back in July it will be atleast 3 months before they get to the ones filed in September. I guess it will be like this with all the service centers.

We put in the I-130 on Sept 06, my husband is wanting to come over for 2 weeks at christmas, would he be able to fly over on a visa waiver and stay 2 weeks and then return to England afterwards or would they not let him through customs? Would this end up being a problem with immigration when he does get his interview? Everytime he has flown over in the past it has been on the visa waiver, and even after we were married i flew to England in July on the visa waiver to see him, I just dont know if it is allowed now that we have started the paperwork on him for us to continue to visit one another.

Thanks

Helen

I just wanted to say thank you to everyone, this is a wonderful site, and everyone on here has been more than helpful and very friendly in offering suggestions and advice and answering my questions (and the many more I'm sure I'll have lol). I really do appreciate everyone's help

Thanks so much

Helen

Hi,

some things we attached to our petition:

1) phone records showing all the phone calls we make

2) documentation of my trips to visit my spouse (5 trips)

passport stamps,

plane tickets,

receipts from the ballet

pictures of us celebrating christmas, skiing, etc

3) a copy of our wedding dvd

4) jewelry receipts showing engagement ring purchases

5) a list of major gifts exchanged

6) emails and cards

7) joint credit card statements and expenditures

8) life insurance policy with my wife as the beneficiary

9) documentation of flowers given on special occassions (receipt + picture)

I hope this was helpful.

Neil

Thanks Neil, it did help, gave me a few ideals as to what else I use. I really appreciate the help.

Thanks again

Helen

Your evidence is acceptable, they are not as critical of bona fide marriage until you file to lift conditions on a green card in the USA.

I haven't seen any evidence that anything more than a marriage certificate is required when using the I-130 to petition for spouse to apply for a visa, in cases where the couple has never lived together in the same country. These cases do however, require more bona fide relationship proof at the time of the visa interview but usually it is in the form of evidence of visits and communication.

Yes, I'm familiar with the new I-130 instructions. I'm also aware that the I-130 is multi-purpose form. The only optional documentation available to most couples who never lived together in the same country is affidavits. Just what would these affidavits swear to, that the people attended a ceremony and/or party. Newlyweds like these usually don't have evidence of bona fide ongoing relationship when they file their petitions. USCIS knows and accepts this.

I never looked it at that way. Thanks so much, you've been really helpful with all the questions I've asked, I really appreciate it.

My husband and I of course do not live together, he is in England and I am in the US, I will be putting in the I-130 soon, and as far as evidence of marriage, i have our marriage certificate and some letters from friends and family affirmed by a third party (notarized hopefully will be acceptable?) who attended the wedding, the reception, and have knowledge of that our marriage is still good and ongoing. i cant include proof of joint ownership of property, because i bought my house 2 years before I met him, same with my car, and of course since he dont live here, all the bills are in my name, i was wondering if there were other items i might be able to include to prove an ongoing marriage and if so, what would that be? the only stuff i have really other than emails and such that we have sent each other since we were married, is cards that were addressed to both he and i shortly after the wedding. i have the guest book from the wedding, but that really doesnt prove anything. im not sure really how to establish to immigration that we have an ongoing marriage, can anyone help me with this? Would it be okay to send copies of the cards we recieved and some of the emails we have sent each other?

Thanks so much

Helen

As a ex K3 filer I recommend just filing a I-130 for a CR or IR [Depends on how long you have been married].

If over 2 years do a IR for SURE and forget about the K3.

Both the CR and IR may take a couple months longer than a K3 but they are way easier, cheaper and less stressful than a K3.

we've been married 8 months. I thought the CR/IR took alot longer than the K3, which was why the K3 was created?

Where is your husband now? Did he return to the UK?

Yes he returned shortly after the wedding, he had to.

My husband and I got married in Dec 2006 here in the US. He is English. We plan on filing the I-130 here in a few weeks. I just want to make sure I have this right. I don't know anyone who has done the K3 before, and I dont know what to expect from any of it. I have a million questions and have no idea who to turn to for answers.

We file the I-130 and supporting documents and mail them to the USCIS Service Center. Then wait for the NOA1. Once we receive the NOA1 for the I-130 we file I-129F and the supporting documents and mail them to the Chicago CIS Office. Then we receive a NOA1 for the I-129F and then we will receive a NOA2 for the I-129F. Then they will schedule an interview or will there be more paperwork to file? Will he find out if he is approved or denied at the interview? What happens after the interview if he is approved for the K3?

Can he go ahead and do the medical examination or does he have to wait until he is told to do so by the immigration people?

Do we file the I-864 or does he take it with him to the interview? I have to have a joint sponsor for the I-864. Does he (my joint sponsor for the I-864) just fill out the I-864 form and check the box saying joint sponsor and thats that or is there a seperate filing process for the joint sponsor?

What all does he need to take to the interview with him? Do I have to go to the interview (which I am assuming will be in London)?

I'm sorry there are so many questions, and I'm sure as we go along this I'll have more. I just want to make sure we're going about this the right way and would like to know a little of what to expect once we get all this going. We've been together for nearly 3 years now, and we are just looking forward to settling down together and starting the rest of our lives together as a family.