dreamcircus

Once the I-130 has been filed in the U.S., when the time comes for the interview later on, regardless of whether the one being petitioned is in the U.S. or his home country, does he have a choice as to where this interview takes place, ie. say San Francisco USA or Sydney Australia?

Or will it have to be _the_ location assigned by Immigration?

Also, which option is likely to be more successful(USA location or home country), given past history of all applicants?

Thanks

1) If the person being petitioned is already in the U.S. on a visa waiver(and yes we know that VWP cannot be extended, status can't be changed, etc), can I-130 petition still be filed normally? I think the one being petitioned doesn't have to be out of the U.S. for I-130 to be filed, right?

2) Once I-130 has been filed, can the person being petitioned leave the United States and return as a visitor(with no intention to overstay the visitor's 3 months visa waiver) before the interview/Immigrant visa has been granted?

Thank you

For the police check of the one being petitioned, how recent does it have to be for them to recognize it as valid? Thanks.

I will be filing the I-130 petition for my husband while we're both inside America and him in America on a visa-waiver for 3 months. Since the visa waiver cannot be extended, he will leave the country before the 90 days are up as allowed under the visa waiver. The question is, since the I-130 petition for him will have already be filed, will he still be able to return and regain entry into the U.S. to start another 90 days on the visa waiver? In the past couple of years he has been able to do so each time without any problem after a few weeks out of the country. However next time since the petition for him will have been filed, will that affect his entry? Will the Immigration officer at the port of entry see on their computer screen for eg. that immigration petition has been filed for this person seeking entry? For your info. he's from a friendly country (Australia) with over 10 entry-departure records into/out of the U.S. over the past 10 years, never overstaying, clean record etc.

Thank you.

Hi,

You are the USA citizen, and you are filing for your husband, so that has nothing to do with your husbands financial situation. When you apply for your husband, and his case goes to NVC they will ask for your financial proof (Affidavit of Support I-864). Your husband will not be the one that's liable to show proof, you will be. YOU will be supporting him he will NOT BE supporting you!!! Hope that helps!

Thank you for the reply, yes I do know all that. So therefore what you are saying is, between launching the petition for my husband and him getting interviewed and approved, nowhere in the process will US Immigration even ask or care about whether or not he has declared bankruptcy in his home country? I mean as long as my petition is approved and his police check and medical exam and interview all come up good then that's all it matters, right?

Hello I'm a U.S. citizen married to an Australian husband. I was just wondering, if my husband were to declare bankruptcy in Australia for his debts there (not massive, some credit cards but no business collapse or anything affecting anyone other than banks, and zero debt in the U.S.), would that affect my petition for him and whether or not he is approved for a spouse visa by US Immigration? FYI he has no criminal record and isn't under any enforcement proceedings.

Would appreciate if answers come from those with definite knowledge, thanks.

I guess perhaps the "we now live in the U.S." was misleading, since this site is very specific... I appreciate that since immigration requires such specificness.

However, I wasn't being condescending to you lansbury, how could I be when you were the one making the assumptions and not me... although the advice was perhaps well-intended.

Thanks a lot for the replies, I will do more research and maybe post more questions, but this has been helpful.

Sorry I don't know but I was wondering is your husband technically allowed to remain in the US while his visa is being processed once his visitor visa (3 month VWP I assume) has expired? Or does he have to return to Australia to wait?

Well that's what we're wondering as well, although we would be quite happy to comply with the law if he has to leave while waiting for the interview.

BTW your case is almost identical as ours... as in the AUS/Seattle connection. I might message you if you don't mind..

OK so K3 is the old route, CR1 is the new one. Could someone provide the usual timeline for getting a CR1 vs a K3 approved providing everything sent in is complete etc? Husband has no criminal record, from a friendly country (Australia), and has had many many entries in and out of the U.S. over the last 15 years long before he met me, where he never overstayed, prefect record etc etc.

And could someone please explain why CR1 is the preferred method if employment eligibility is required?(referring to reply no.1)

Thank you

So after you were married and with the intention of remaining in the US permanently your husband entered using the VWP.

Sounds very much like he entered the US illegally and a visit to an immigration lawyer is highly recommended before you do something which might cause you serious problems.

Alright, how about someone actually answer my very simple question instead of making ridiculous assumptions?

He entered the country legally, and is still here legally, and is not seeking to adjust status.

I asked CR1 vs K3 which is better/faster/advantages/disadvantages.... it is quite pathetic quite frankly, that someone who has received his/her visa would go ahead and make such a post above accusing us of doing anything illegal. If you can't be of help then don't post at all.

I am about to petition my husband for K3. We married in May and left the country for 6 months, recently returning to the U.S. and he entered on the visa-waiver program.

Now, if I were to send in the I-130, would our petition be disadvantaged in any way if I-130 is sent in while husband is still in the country as a visitor? Thanks.

I am a U.S. citizen married to an Australian. We got married in the U.S. in May. Since then we have traveled to Australia and now live in the U.S. My husband entered on a visitor's visa. Should we be applying for his permanent residency through the CR1 or K3? Which one is faster, and what are the advantages/disadvantages for both? Thank you.

Yes

But since the form also asks where the one being petitioned intends to live, for that address, could one just give a non-specific address of say "Los Angeles, California, USA" instead of a street address, if the petitioner uses a PO Box for the communication address?

Thanks

Does the petitioner ever need to supply his/her employment information at any stage of the K3 process? I notice that it is not asked for on the I-129 form.

Also, does it disadvantage the application if the person being petitioned for isn't currently employed? I notice that is asked on the I-129 form.

Thanks

Employment information is taken to the visa interview at the interview at the consulate. It is supporting information for the I-134, which the US petitioner has to supply to prove that the spouse won't become a public charge. If there are special circumstances, write a notarized letter briefly explaining your situation and to bolster your case. The most recent year's tax return is heavily weighed. Technically there are no co-sponsors. Consulates seem to vary on this, but it can't hurt to have an extra envelope to slip to them. Hopefully by the time you need this information you'll have a job. If you have significant assets, you can use those too. Just always be honest.

Thai Mom

You answered the second question, thank you. If the one being petitioned has a business the details should obviously also be included I'd imagine..?

First question in the OP though, I was referring to the petitioner, as in the U.S. citizen..

Does the petitioner ever need to supply his/her employment information at any stage of the K3 process? I notice that it is not asked for on the I-129 form.

Also, does it disadvantage the application if the person being petitioned for isn't currently employed? I notice that is asked on the I-129 form.

Thanks

Hello, can anyone tell me if a PO Box address can be used for communication/filled as in petitioner's "address" for I-129F? Thanks

I'm an Australian married to a U.S. citizen and we are returning to the U.S. tomorrow. I'm travelling on the 3-month visa-waiver. When we are in the States she will petition me for the K3, but we have not started the process yet.

My question is, tomorrow when we enter the U.S., at immigration checkpoint should she go through the U.S. citizens booth and I go the aliens booth? Does this make it safer that I am not refused entry because they might see that we are married and say to me something like "you intend to file for immigration don't you, so why are you here on the visa-waiver for visit purposes, you are not just visiting blah blah"?

Or is it OK for us to just go through the same booth and say we are married state the facts etc? Which is safer? Thanks.

How recent should the police/criminal background check be for K3 applicant? Should it be done before the initial petition is filed? Thanks.

I am an Australian who married a U.S. citizen in May in the U.S. Then we travelled to Australia for honeymoon and have lived here for 6 months. We are returning to the U.S. in November to live. We have not yet begun the K-3 process for me yet. My questions are:

1) Can we begin the K-3 process (her to file petition for me, etc) while I'm in the U.S. legally on the 3-months visa-waiver(what Aussies typically enter U.S. with)? Would the fact that I will enter on what is technically a "visit" disadvantage me in any way when she files for the petition? When she files for K-3 petition will I have to be outside the U.S. at the time of filing? (I hope not)

2) I am considering getting a 6-months visitor's visa before entering the States so I can remain in the U.S. for 6 months while the K-3 process is under way, would consular officials treat me negatively during the visitor visa interview because I'm getting a visitor's visa to stay in the U.S. longer for Immigration purposes?

Thank you