Steve Y Jessica

http://www.visajourney.com/content/immigration-parents

Your wife needs to send a copy of her birth certificate showing her mother is her mother and a copy of her passport or naturalization certificate. I have included a link.

Hi. My wife, now a US Citizen, sent in the I-130 to bring over her father. We just received the approval letter in the mai. But it states that her father is currently in the US and the next step is to file for adjustment of status. Nowhere in the I-130 does it say that her father is in the US. In fact he got rejected for a tourist visa.

I was expecting the letter to say they were sending the package to the NVC. Am I not correct?

If the attorney's office does not work with you to provide the correct case number, then you can always try to contact USCIS directly. I have no idea how much they will help you, though.

You are paying for this attorney's services, so you have every right to call them up and ask for their assistance. I can't tell from your post if the attorney is making an honest mistake or being deliberately unhelpful. How long were you to retain the lawyer? Was the agreement meant that the attorney would take care of the process until the US citizen's spouse enters the US or just submit the paperwork?

You have to be a little proactive here. Have the US citizen (it sounds like it's the husband?) contact the attorney's office and politely explain the problem. If he's being put off repeatedly have him remind the office that he paid for their services. If he thinks that he got scammed (ie, the attorney took his money and sent him a fake case #), then he can state he'll be lodging a complaint with the state bar where the attorney practices.

Edit: I'm not sure what proof they have that their CR-1/IR-1 has been approved if they do not the correct case #. Do they know only because the attorney said so? It seems like they never got a copy of an approval letter since the case # should be on it.

P.S. When I say "you", I am referring to your friend. I just switched to "you" for convenience's sake.

Yes the US citizen petitioner is the husband. And they only ave the case number from the attorney..But I will make sure later if they got the copy of NOA2...talk to you later guys need to ask my friend. Thank you very much.

Their case is already in the NVC they got approved last September 17, 2008. Imagine? and they did not hear anything from their attorney since they passed the papers like the DS-230, I-864, W'2 and the $ 400 to the attorney last october 10

You have the case number, so just call the NVC. It sometimes takes along time to get through. Or you can call in the morning or late in the evening.

Hi everyone! I'm hoping someone can please help answer a few of my questions regarding the I-129F packet that I mailed out to California.

I am a US citizen currently in Germany. I just got married to my husband in August ...we actually got married in Denmark, because it was the easiest route to get married here in Europe without having to wait a month or so to get married in Germany.

Anyway, my husband was born in Bosnia & Hercegovina (& holds their passport) but has been living here in Germany since he was a child.

I have already mailed out the I-130 packet and received the NOA stating that the packet is pending.

I have mailed the I-129F packet and received the NOA stating that the packet is being reviewed and that the usual amount of money due for I-129F was waived for me because I am filing with the hopes of my husband receiving the K-3 Visa.

So, in the I-129F form, I described how my husband and I met..I also stated that I would stay with him in Germany until the packet is approved and when (God willing) he receives his Visa.

I am into my 5th month here in Germany and honestly, somewhat going crazy. I am not working and unfortunately, I heard that my father has to have surgery. Would it be bad/wrong of me to go back home in the states even though I mentioned in the I-129F that I would stay with my husband until all Visa process is completed? I really hate leaving him but I for my own sanity & that the fact that my father needs surgery..I am contemplating on going back home. What should I do? Please help! Thank you soo much!

Also, when I get the 2nd notice, stating that our I-129F was approved..what is then needed from my husband:

*I-864 (Do I fill this out or my husband?)

*DS-230 Part 1 (Do I sign PART 1..does it need to be notarized?)

*Police Certificate (Because my husband was born in Bosnia&Hercegovina..does he need a police report from them or Germany, where he has been living since a child?)---also, translated in English..correct?

*Birth Certificate

PLEASE HELP GUYS! Sorry, I just am so nervous/anxious regarding this all. Thank you and God bless!

It does not matter about staying in Germany. If you need to leave, leave. It is no different than someone living in the US, traveling to see their SO.

The I-864-As the USC, you fill it out showing that you have the money to support your husband.

The DS-230-He signs part one of that. No it does not need to be notarized.

Police Certificates-He needs one for everywhere he has lived for more thana year since the age of 16. As far as translations of certificates, check with the embassy requirements. Most do not need to be translated if in english or the language of the country where the embassy is.

Birth Certificate - Yes he needs his birth certificate.

Thank you so much Steve Y Jessica!

I have to ask you as well..I apologize. I did the same as you. I first mailed out the I-130, then within a few weeks received the NOA1 (stating that the I-130 was received and it is pending); I then mailed out the I-129F and a few weeks after that, received the NOA1 for that, which stated that the I-129F is pending and that they waived the fee for the I-129.

Now, for te I-864, since I am in Germany and have been since beginning June..I left my job to come here with the intentions of staying until all of this Visa work was completed. As I mentioned, I may end up leaving next Monday, which will be so difficult leaving my husband BUT my father does need surgery and I also would like to get back into the routine of working. Anyway, since I do not have a job right now (but may in a few months..as soon as I get one.hopefully)..can I still use myself as a sponsor for my husband but also use my father (who has his own business). I have to admit, I was a Social Worker (and plan to get another job in that field)...we unfortunately are not the highest paid. If I get a job that pays between $30,000 to $40,000 will that be accepted by the Embassy as being enough for me to support my husband?

Also, is this individual below your comment correct?

No need the DS 230 or I-864 for a K3 visa. I-864 will come into play adjusting status. However a CR-1 requires them both.

CR_1 Is a MUCH better visa!

Steve Y Jessica...I do need a DS 230 AND I-864 for the K-3 Visa correct?

THANK YOU SOOO MUCH! You are one of the many that actually decided to reply back to me. I feel like I am losing my mind with this! I was afraid that because I stated in the I-129f form that I will stay in Germany w/my husband until he gets a Visa AND now to possibly leave back to Chicago..that I would get penalized (or him not get a Visa) because of that. I am sooo worried as to what they look at.

THANK YOU AGAIN!

No need the DS 230 or I-864 for a K3 visa. I-864 will come into play adjusting status. However a CR-1 requires them both.

CR_1 Is a MUCH better visa!

Haole..are you sure? I thought I read that for the K3 VISA, I do need the DS 230 & I-864 completed.

You will pr0bably need a co sponsor since you are not currently working.

No, it is no problem with you traveling. Yhey do not care where you are traveling.

You need the DS-230 for both. The I-864 is for the CR1, and for the K3 it is the I-134 (i think is the number)

HI emo,

I would like to ask when you filled out G-325A of your spouse, did you fill it out by yourself and have her sign it? or she has to fill it out and sign it?

My husband and I will be filling our papers as soon as we finish filling our forms.

The wife needs to sign it, it does not matter who fills everything out. I filled everything out for my wife, and she just signed what she needed to.

Hello.

My file was complete at the NVC on 10/22/08 . My wife is a Canadian citizen and we are waiting on her interview to be scheduled at the consulate in Montreal. Does anyone know if she can visit me in the US while we wait for her interview to be scheduled?

The rules on this are very confusing. Any help would be greatly appreciated.

Thank you.

As long as they will let her in, there is no difference than when you were waiting for approval.

THANK YOU BOTH FOR TAKING TIME TO ANSWER MY INQUIRY.

I GUESS SHE NEEDS TO WRITE TO USCIS FOR APPROVAL OF THE I-130 WHICH WAS FILED IN 2006 BEFOR PROCEEDING WITH AOS...

THANKS AGAIN!

NO!!!!!

She does not need the I-130 Approval for AOS.

Hi everyone! I'm hoping someone can please help answer a few of my questions regarding the I-129F packet that I mailed out to California.

I am a US citizen currently in Germany. I just got married to my husband in August ...we actually got married in Denmark, because it was the easiest route to get married here in Europe without having to wait a month or so to get married in Germany.

Anyway, my husband was born in Bosnia & Hercegovina (& holds their passport) but has been living here in Germany since he was a child.

I have already mailed out the I-130 packet and received the NOA stating that the packet is pending.

I have mailed the I-129F packet and received the NOA stating that the packet is being reviewed and that the usual amount of money due for I-129F was waived for me because I am filing with the hopes of my husband receiving the K-3 Visa.

So, in the I-129F form, I described how my husband and I met..I also stated that I would stay with him in Germany until the packet is approved and when (God willing) he receives his Visa.

I am into my 5th month here in Germany and honestly, somewhat going crazy. I am not working and unfortunately, I heard that my father has to have surgery. Would it be bad/wrong of me to go back home in the states even though I mentioned in the I-129F that I would stay with my husband until all Visa process is completed? I really hate leaving him but I for my own sanity & that the fact that my father needs surgery..I am contemplating on going back home. What should I do? Please help! Thank you soo much!

Also, when I get the 2nd notice, stating that our I-129F was approved..what is then needed from my husband:

*I-864 (Do I fill this out or my husband?)

*DS-230 Part 1 (Do I sign PART 1..does it need to be notarized?)

*Police Certificate (Because my husband was born in Bosnia&Hercegovina..does he need a police report from them or Germany, where he has been living since a child?)---also, translated in English..correct?

*Birth Certificate

PLEASE HELP GUYS! Sorry, I just am so nervous/anxious regarding this all. Thank you and God bless!

It does not matter about staying in Germany. If you need to leave, leave. It is no different than someone living in the US, traveling to see their SO.

The I-864-As the USC, you fill it out showing that you have the money to support your husband.

The DS-230-He signs part one of that. No it does not need to be notarized.

Police Certificates-He needs one for everywhere he has lived for more thana year since the age of 16. As far as translations of certificates, check with the embassy requirements. Most do not need to be translated if in english or the language of the country where the embassy is.

Birth Certificate - Yes he needs his birth certificate.

Always looking for more testimonies about people who file together I130 and I129F for K3, at Vermont center or California center

Steve y Jessica

I am preparing I129F filing and have a doubt about which documents to include again while in I130 already

I plan to provide with I129F A full copy of I130 file , plus original passport photos, original I129F and original G325As (again)

In the copy of I130 there will be birth certificate and wedding certificates.

Or do you think I should provide again all the certificates? is going to be a bulky I129F

what did you do?

thanks for your tips

I have already started working on the next forms.

some are pretty difficult to get (police record in Italy!) and I have already started

Alli and Leo

how do you get to talk to Vermont Center?

thanks all.

I just put copies of everything in the I-129F package as well. I know it is probably overkill, but I feel it is better safe than sorry.

And if you are starting to get all of your documents, remember, get 2 copies of everything. So you are prepared if you decide to follow both paths after they are approved.

I would get both just to be safe. There was recently someone from PI who got an RFE with the NVC because she did not have both. Always better safe than sorry.

I made several phone calls to the USCIS before I married so that I would know exactly what to do and how to send the petitions after I married. Every time that I called the USCIS with more questions everyone that I spoke to said that I must wait until I receive the reciept for my I-130 before I send the I-129F because I would need a copy of the NOA1 to send with the I-129F. I was clearly told to send these petitions separately many times. However, I called the USCIS today in referance to another question...the guy that I spoke complained that I should have mailed the I-130 and I-129F together. I thought this was rather odd when I was told the opposite many times. Anyways, the officer never answered my other questions...go figure.

Yes, it is not the way it says to do it. But I have heard of many people who did this and it worked for them. The NOA1 just shows proof that you filed the I-130. But sending them in together is also proof that you filed the I-130.

As far as what to do for speeding things up.

K3's are approved faster than CR1's. Read everything and have everything prepared ahead of time. Have all documents and certificates ready. And if you plan on following both routes, get 2 copies of all documents. My wife got two copies of all of her police certificates etc. Also, anything that needs to be signed, like the DS-230, get that signed now, so there is no delay when it is time to send it in.

On G-325 top right corner File Number: A_____________ Is that my former alien registration number or what is it???

Thank you!!!

If you have a Alien Regestration number, yes, otherwise you put none.

There is nothing that can detect 5 years ago. I will go ahead and say it!!!!! It was just trying it!!! SAY NO to any drug use!!! He would be completely stupid to do anything else.

I can't believe this was even asked, or that it has turnned into such a discussion.

but some of us are sensitive to TOS violations, which of course advocating misrepresentation would be such a violation

Well then if someone is actually going to ask this question, here is a good answer.

It would be a safe bet that at least 80% of the people on this board have at least tried some kind of drug in their lifetime. It would also be a safe bet that not one of them mentioned anything about it in the immigration process. After all if all someone does is try it and there is no record of it and it was 5 years ago, there is absolutely no way for anyone to know about it unless you tell thim. Then even after that, there is absolutely no way for anyone to prove it.

If you admit to something like this you will surely be denied a visa!!

There is nothing that can detect 5 years ago. I will go ahead and say it!!!!! It was just trying it!!! SAY NO to any drug use!!! He would be completely stupid to do anything else.

I can't believe this was even asked, or that it has turnned into such a discussion.

I don't know about this. We beat the CR1 US entry timelines by about (2) months with a K3. Filed June 18th, US entry Jan 21st.

My wife DID get a drivers license with her visa and 2-year I94, so she could drive as soon as she could take the courses and pass the test

Her EAD arrived in a little less than (3) months, the CR1 green card/SS card takes 3-4 weeks to arrive after the visaholder gets in the US anyway. The SS card arrived (12) days after the EAD card. Means that 2 of the 3 months waiting for the EAD would have been spent apart waiting for completion of the CR1 process.

SO: had WE chosen the CR1 timeline - with two extra months apart - (during which time a K3 visaholder would be waiting in the US while the EAD card is being processed) her green card would have arrived at the same point in time after filing as the K3 EAD card. The going-to-work happens after the green card arrives, so NO TIME SAVED. SS card would have arrived with the green card - 2 weeks earlier than waiting for EAD then applying - in a state that requires SS/EAD for drivers license that means that she could have realistically gotten a drivers license (2) weeks earlier.

Summary:

(2) extra months apart did not, in our case, make up for:

Saving $700-$800

Being able to drive (2) weeks earlier had we lived in a state that required a SS# to get a drivers license

Those are the ONLY advantages that a CR1 visa would have given us. At the time - being together was more important than a few hundred dollars.

Copy of NOA1 needs to be included, and the I-129F needs to be sent to service center that is noted to be processing the I-130, that would be VSC or CSC depending on where Chicago sends the I-130.

NOTE: Compare timelines.

CR-1 has the big benefit of GREEN-CARD upon entry, NO ADJUSTMENT OF STATUS. K-3 CANNOT get SSN, WORK, or Get driver's license until they have EAD or Green-card, EAD can take 90 days or MORE to get.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I an stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

But, if you do things right, it does not take any more time to get the CR1 than the K3. As in my case.

We filed for the K3, which seems to get approved faster than the CR1. But since both applications get approved at the same time, we continued to follow both paths, K3 and CR1. We recieved the K3 interview date with the Embassy. And before the interview, our case was complete at the NVC. Then our K3 interview was changed to a CR1 interview.

The way the NVC is now, you can get through the NVC in 4 to 6 weeks. The same time it takes to get the K3 interview scheduled.

Mailed I-130 and I-129F 4-29-08, wife entered US with CR1 visa 8-19-08. 113 days after mailing petitions.

Steve Y Jessica

that it is exactly what I was planning on doing

filing at Vermont center though

thank you

wooo, your processing was fast.

Yes, We got VERY lucky and got through the USCIS very fast, but I did other things that helped speed up the process. And this is one of them, I figure We saved about a month by sending them in together.

129F for K3 visa (wife) says to provide evidence I130 has been filed

does not say to provide NOA1

somebody has ever filed both in the same enveloppe?

to save waiting time for NOA1 of I130 and new mail

and to have both files together at the service center since the start

I do not know which service center you would use, so you will need to know which service center to send things to.

But, in my case our stuff was being processed at the California Service Center, so here is what I did.

1. I made sure both petitions, I-130 and I-129F were clearly separate.

2. I had rubber bands around the packages and they were in seperate folders. But I put them in the SAME ENVELOPE.

3. I had cover letters with both petitions explainiing that I was following the K3 and that I was sending them both together as proof that I had sent in my I-130.

I also put sticky notes on the petitions explaing this.

4. I then mailed everything to the California Service Center, NOT the Chicago lockbox.

I did not have any problems, both were accepted and I recieved NOA's for both. Good Luck!!!

I'm filling out my wife's G-325a form, my question is Do I put her Family name or do I put her married name on line 1?

What does her passport say? You put whatever her legal name is.

We are now at the NVC and I am working on our forms. On the I-864 it asks for her A# Alien Number. Where can I find this number? I was told it would be on the back of the negotiated check from the I-130. I have a copy of the back of this check, but there are mutliple numbers on it.

How many numbers are in the Alien number? Where would it be on the back of the check. There is also a stamp of some sort that has AOS marked on it, would it happen to be this number?

You do not recieve the alien number until you get your visa. Until then you put none on any paperwork that asks for it.

We did both. We did everything that was required at the embassy for the K3, but at the same time, we completed the process for the CR1 through the NVC. Our case was complete at the NVC before the K3 interview, so our K3 interview was changed to the CR1 interview. My wife received the CR1 and it did not take 1 second longer that the K3.

i heard my name!!!!!

hi everyone.. i am still here.. just haven't been to a computer in ages. been having terrible headaches and looking at my beloved computer gave me headaches.. not only headaches, i have nausea.. and just feeling like #######.. ok. enough about that

my update is: NOTHING... darn you, nvc!!! well, i'm just venting, that's all. i sent in the RFE checklist last sept 20 and up till now, nothing new. maybe this week it will get approved. who knows. right know i don't care. i'm feeling too poorly to care... at this rate, Rajaa is going to be done with nvc before me! but that's ok since i supposedly don't care, right? hahahaha!

oohh... steve is having a boy.. congrats!!! well, my baby still looks like a blob but a curved-bean-shaped looking blob now with a heartbeat of 173.. plust get this, my lovely baby gave me gestational diabetes.. yay!! my OB screened me really early since my whole family is like diabetic. not my parents or any siblings but my uncles, aunts, grandparents, the works. so there's my gift from my family: diabetes.. so now, i am a high-risk pregnancy to top it off and will likely develop diabetes even after the baby is born.. lovely... didn't i say enough of this? hehehe..

so, not only am i losing weight cuz i can't eat.. i now how to diet because my body can't produce enough insulin... ENOUGH!

when i'm feeling a lot better, im going to update our tracker.. im sure alot has happened.

MISS YOU ALL!!!!

Jen,

Well for obvious reasons, I can't say that I know how you feel!!!

But my wife also was going through the same thing. She was vomiting all of the time, she could not keep anything down. And when we were apart, it was very difficult on her. Now she is 5 months. She still needs to eat something about every two hours or she feels like she needs to vomit. And when we go anywhere in the car, we always have a plastic bag with us just in case.

But soon you guys will be together and things will get better.

Lucky Duck,

I think you are probably right and that is a sensible approach. I'm just leaving this up here for awhile in case someone shows up with first hand knowledge I'm looking for or can cite some actual cases.

Thanks,

Q.

YGandMAT,

You and I would not have a problem had you understood what I was saying, or perhaps you read it too quickly. I"m not really sure. Obviously I can only repeat that we need to determine her options BEFORE we can determine which route she can take. I'm sorry if you're upset. But again what I'm really looking for here are some concrete cases like this (abandoned K-3 Wife) sourced to actual judicial opinions HERE in the USA. I don't know why you don't get it. If I don't find it here, I'm sure it will eventually be found in legal research.

Q.

There is nothing legally that can be done in the US.

The husband has not continued with the K3, so she does not have the visa. She is not entitled to anything in the US.

The only option she has is to try and get an annulment in PI and move on. SHE HAS NO LEGAL RIGHTS IN THE US!!!!!!

This is what everyone keeps trying to tell you. Good luck!

she is preggos and had an RFE last time i heard... i am worried we won't make it in time for Nov interview schedules but yes the consulate change is good news

I would think that you will get a November interview. You should be complete at NVC soon.

Also, an update, My wife had an ultrasound last week and we are going to have a boy!!!

This is good since I already have a girl.

Jeeeennnnnnn!!!!! Where are you????????

yeah it's true didn't that happen to steve??? it was an original signature but cause it was in black they thought it was a copy... good advice

Yes, that did happen to me. I would suggest signing in Blue ink.

Rajaa, I am happy to see that you got the embassy changed. You will be complete very soon.

And yes, WHERE IS JEN??????

Negative... Steve y Jessica. "Intent" is an opinion in fact it can literally never be proven. Since it can not be proven and since he is genuinely in love with his wife they are a real couple, she met him in the US as a single woman and had nothing to do with him. Thats enough... She never came looking for a husband and even if she DID there is no proof. The only proof is in her mind and unless they tie her down and give her truth serum, it will stay as whatever he/she say it is. LUCKILY someone, some senate committe, some senator left that "loophole" there for a reason, maybe its a "check" against the stupid beauracracy they put us through. Who cares, just take advantage of it Chilly. You never know, whats gonna happen. I forsee a fee increase any day now. And this whole enormous backlog will just get worse. Get your wife here and keep her here. You can't fight any battles, you have no court to go to or any right to defend yourself if she is Mexico. Here in the US the ball is in your court. Play to WIN.

The type of visa that you have has nothing to do with being denied entry.

It is US law that states that they presume that anyone entering the US is intending to immigrate. It is your job to prove that she does not intend to immigrate. This is why my wife was denied a B2 visa. Because as my wife, they felt there was a good chance that she would not return to her country. This was before we petitioned for her visa.

There are many people who are denied entry while using a visitor visa or the Visa waiver program, due to their ties to a US citizen.

I would apply for the Visa correctly, then just continue doing what you are doing until it is approved.

I do not know what you are saying negative to!!!!!

THIS IS FACT!!!! Us LAW 214 (B), states, anybody entering the Unided States on a non-immigtant visa, B2 or whatever, including the Visa Waiver Program, is considered to be an intending immigrant!!! This person must prove that they do not intend to immigrate to be allowed to enter the United States.

I never said anything about how they met or married or anything. That makes no difference. Now, they are married. Period. When she enters the US on her B2 visa, she can be denied. Or when she tries to renew her B2 visa, she can be denied for the same reason my wife was denied a tourist visa. Because she is married to a US citizen, there is a strong likelyhood that she will want to remain in the US.

I do not see any problems if they petition for a spouse visa. I feel that is what they should do.

The OP asked if they should file a petition for a spouse visa or continue to just go back and fourth on a tourist visa. I feel they should petition for the spouse visa. Because there is a possibility that she could get refused entry into the US on her tourist visa at some point.