Ready2Kl

Yours may have been MARKED incomplete but you might have actually been complete for the requirements. It is always best to advise that if it's marked incomplete, go see a CS to make sure you have all the required shots. If the MEDICAL is still within a year then that's fine, but IMMUNISATIONS need to be up-to-date at the time of filing.

Mine was marked incomplete and I had all required shots. I preferred to "waste" $50 getting checked to make sure I was complete before sending in my AOS, I didn't want an RFE and I didn't get one, or an interview.

OP - if in doubt go see a CS because they will tell you if you've had all the required shots or not. Make sure you call to check out their prices first, some really try and rip you off.

Ours was a K3 and K4 case. I did see a lot of people on VJ not go to the CS but just send in their DS 3025 that they got in their home country and not get any RFE. Even the instructions said it is not required. I definitely agree that going to a CS is not going to hurt other than the extra $50 or $100 or whatever they might charge, but if it is me I will just send it in without getting it transcribed since the instructions said thats all i have to do. Probably another wise thing would be go just make an infopass appointment and ask in person on what to do. As you can see in the forums there are a lot of people who just sent in their DS-3025 and also a lot of people who got it transcribed from a CS and then sent it in.

Does D-3025 really need to say COMPLETE? Mine says nothing: neither incomplete neither complete...

Seems i need to contact doc anyway, right?

If you have been issued one of the K visas on the D-3025 it does not matter if it says incomplete. I would assume if they issued a visa even though it said incomplete it was probably because that vaccine was not required for that particular age or some other medical condition makes you not get that vaccine . If it is within one year you can use that and apply for 485 (assumining you are on one of the K visas). You do not need to get it transcribed. Ours was incomplete and we did not get it transcribed because the instructions said we did not have to if the D-3025 is within one year. We got approved without any problem. However if you have the extra money I am sure getting it transcribed wont hurt you in anyways. But the instructions clearly state that it is not required and I did see a lot of people just send in the D-3025's without the civil surgeon transcribing it when it was within the one year mark. And again this being VJ - a public forum, I would suggest that you take any advice with a grain of salt.

I spent tonight wondering why I spent 2000 dollars on an attorney to do my cr-1. Even as I type this I got my answer. Value your time and research. I am fortunate, maybe, that I can send 2gs to an attorney and not blink but I still drive an impala. Why do I say this? He said he was petitioning a K-1 and he was saving so much time and money. I asked him how many hours he spent on paper work and he told me "5 minutes." Wow, a BMW costs more than 5 minutes of my time.

I think what this man was saying is epidemic. Value your time. In this forum I give my advide through what I have learned. I am happy to say I never had an RFE but it coult happen. I can't answer complicated cases, we leave them to Loto, jaja. But what I know I will give to you and you take them to the bank.

Today is October 15 so it's the day I will find out if my wife and I are interviewing in November. they can mnove this thread and I don't care. I just get tired of rude and incompetent people commenting. Please, after 16 months of marriage, let me be with my wife.If not, Hillary may start looking good, jaja.

VJ works for some and gives answers to others.

I would say if you can afford an attorney it is good. VJ was very helpful in our case but we also got lots and lots of incorrect information. Some of the people here think they are immigration gurus and answer like thats the LAW. So you have to be a bit careful when you do the research in VJ. I will still say it is very helpful but there is tremendous possibility of getting incorrect information on here. Atleast an attorney is answerable and incompetance may even get them disbarred if a grievance is filed and proved.

Our K3 Visa petition and our I-130 petition were both approved at the same time and sent to NVC. I have heard everywhere that when NVC receives both at the same time that they will close the K3, BUT NVC emailed me on both petitions and told me what to do for the K3 and told me what to do for the I-130. Why wouldnt they just send info for the I-130 if they closed the K3? Im confused. And I do have a question if they didnt close the K3 and we went that way (money reasons)... Im curious if we went ahead with K3 then would my husband still have to get medical and AOS before coming here? *thats the money part). If he has to get both done then we would of course go with the I-130.

The medical you do for K3 is valid for doing Adjustment of status after his arrival in USA. Either you go K3 or I-130/CR1 route your spouse will have to undergo the medical exam in his home country.

The current processing times are MUCH faster than what they used to be.

Remember, we are in a recession. Where is the US government going to get the money to re-vamp USCIS processing? Will that money come from the military budget? Or perhaps tax hikes? Perhaps we can just borrow more money from China!

Also, It's an election year. No one is going to vote in someone in favour of USCIS processing times which it affects such a small percentage of the population

I know it is tough, we waited 178 days for our NOA-1. That is longer than the current processing times. In fact, when we filed it was 7 month processing, so in just 1 years it has sped up a bit

Good luck

Say you are a foreign worker working in USA on H1B visa or a foreign student studying in USA on F1 visa. Say you go out of the country and marry a foreign citizen. In this case you can bring your wife to USA on dependent visa in about a week or so after marriage. All they have to do is just take an appointment at the consulate and directly apply for the VISA as a dependent. NO USCIS involved. I cannot understand why USCIS cannot make it any faster than the current 5 months. 5 months is too long specially when you know that a non-US citizen can bring his/her spouse immediately in a week's time into the country. Just something to think about.....

Ready2K1 - the OP is not asking if she can return to the US on a K-3, she is asking if she can use the K-3 to tavel to Europe

The short answer is no, the K3 is good for US entry, not European Entry. You need any and all visa requirements for your citizenship

Good luck

You are right, I was replying to one poster (Anna and Ali) where she mentioned that she was worried to re-enter on K3. I was just talking about reentry to US and not about entry to Europe. ...

I'm sure you are aware that the I-129f that you filed will be administratively closed once it reaches NVC with an approved I-130. Prepare the documents for the Cr-1 visa

Good luck

Even if your I-129F closes you still can pursue I-130...And except the postage you havent really paid any money for I-129F. I do not see any harm eventhough most likely your I-129F will be closed when it reaches NVC.

I'm sure you are aware that the I-129f that you filed will be administratively closed once it reaches NVC with an approved I-130. Prepare the documents for the Cr-1 visa

Good luck

We had our K-3 interview last week at ISL, PAKISTAN.

Visa officer asked my wife to fill half of the form that was left un-filled, he then said "All looks good" and said it will take two weeks for the results.

He kept her passport and also had our original docutments that we submitted before interview (marriage cert, police cert etc).

Do we consider this an APPROVED or they are still working on our case?

Thanks,

K3 Seeker

It sounds like an approval to me. They kept ours and sent the passport with VISA stamped in about a week after the interview date in India. When did your I-130/I-129F get approved? Did they get approved after Feb 1st 2010?

oof. I believe the answers above, but I am such a worry wart, i wouldn't want to try and re-enter. I would play it safe. but that's me.

My wife travelled outside of US and returned back on K-3 visa. No problems whatsoever when she returned back. It is a multiple entry visa into US that valid for 2yrs.

Adoption rarely makes a relative eligible for a visa. The child has to be a true orphan or the parents unable to support them to the standard of the home country and they have to totally sign off the child and the child must be adopted before a certain age.

Depending on the country you might be able to adopt a relative. Check the below site for more info.

http://www.adoption.state.gov/about/who/relatives.html

The Hague Adoption Convention allows for relatives adoptions. The adoption must proceed under U.S. law in the same way that other adoptions from Convention countries proceed. Prospective adoptive parents must still file Form I-800A with U.S. Citizenship and Immigration Services (USCIS), followed at the appropriate time with Form I-800. See our web page on the Hague adoption process for more information.

Note: Under most circumstances, prospective adoptive parents are not permitted to identify a child in a Convention country for adoption – the foreign country refers prospective adoptive parents to a child (sometimes also called “matching”). Contact between prospective adoptive parents and a child’s parents or legal guardian is generally not permitted in Convention adoptions. However, the Convention provides an exception to these rules for adoption within families.

Non-Convention country Adoptions

Children being adopted from non-Convention countries must meet the Immigration and Nationality Act (INA) definition of a “child” or an “orphan” before being considered for United States permanent residence and eventual citizenship. If an adopted child does not meet one of these legal definitions, the child cannot immigrate to the United States – even if the child is related to you. The United States also requires that the petition for an adopted orphan be filed before the orphan turns 16 (or 18 for older siblings).

To adopt a relative from a country non-Convention country, prospective adoptive parents generally must still file Forms I-600A and I-600. Refer to our web page about the non-Hague adoption process for more information.

Note: In some cases, if the adoption took place before the child turned 16 and the child has resided with the United States citizen in legal and physical custody for at least two years, then the U.S. citizen may file an immigrant visa petition (Form I-130) for the child.

FAQ'S

1.Is it possible for me to adopt a family member?

Yes, depending on your and the child’s situation. Prospective adoptive parents wishing to adopt relatives from overseas should be aware of U.S. Government laws and regulations that may prevent such relatives from being able to enter the United States. 2.What are those laws/regulations?

thanks for all the wonderful and insightful help. even though many people warned me about the high cost of the K-3 as I sit here and compare cost i think its still cheaper for me to pay the K-3 than to continue with the IR-1.

The IR-1/ CR-1 has costs of about 500 yes but to include airfare to and from Juarez (most likely again) about 200 if bought cheap. Another 160 dollars for the medical, and about 200 dollars for a x amount of nights in the hotel again. plus add another 200 if I go to juarez so thats one more extra plane ticket. oh and plus food

thats an aditional burden of 700+ dollars

thats what I can pay for the adjustment of status for the K-3 and not have to worry about flying to a very dangerous city for an unknown number of days.

Well thats how I see it

Any aditinal costs you can see on the K-3 other than the medical?

K3 is not really a lot expensive as compared to IR1. You would utmost around $500-1000(if it is IR1 you wont have Removal of conditions). In your case since your wife is already here I donot think it is a wise idea to go back to Mexico just to save an insignificant amount of money just to do the consular processing. I would just go the AOS route. That saving is cheaper than the price of the air ticket from India to USA in our case. With the current processing times if you file for a I-485 you should be able to get it complete within 3-4months. You really got lucky that they processed your K3 even though your approval was after Feb 1st.

Remember that you will not have to redo your medical and you can use your K3 medicals for AOS if it is filed within one year. If I were you since your wife is already here I will not even consider consular processing or going out of the country just for the consular processing. Just file AOS and around 3-4 months you will be done with the whole thing.

Thank you for your response, so would i have to fill out the G-325A form as well with all this? I know i read something about not to file for I-129F after I-130 because K-3 is not active now, do i still apply for that or do i go about another method?

Just want to clarify exactly which forms i sent in order,

from my understanding i should be sending this all together: I-130, I-485 AOS, I-765 EAD and I-131 for travel.

You mentioned it took 60 days for EAD approved, were you able to work after that or did you have to wait til AOS was approved to? Trying to figure out how long my husband will have to be jobless for.

I-130, I 485, I765 and I-131 go together in one mail together. You can work the day the EAD card is in your hand even when AOS is pending. If it is urgent and you need to work you can expedite the EAD and you should be able to get that in about a month after filing. You can do a search on VJ as I have seen a lot of people do that. Even otherwise 2months is not too bad to wait unless he already has a job offer. You will have to fill G325A as well.

In your case you do not need to file K3 at all since he is already in USA and you are filing AOS.

No they don't... if you look more closely at the I-918 on the USCIS website it indicates Petition for U Nonimmigrant Status. Status and visa are two very different things. USCIS grants "status" and the DOS grants "visas". Many people will attempt to use the word status and visa interchangeably which is not correct.

If you look at the below two websites(official USCIS links and not 3rd party), it does say that USCIS grants U- visas...

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5d5d58a734cd9210VgnVCM100000082ca60aRCRD&vgnextchannel=469ce28457f69210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ee1e3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=ee1e3e4d77d73210VgnVCM100000082ca60aRCRD

Hi, so I'm new to this and I am just about to apply for the K-3 visa and i have recently been aware that you can apply for I-130 along with AOS and EAD at the same time while my spouse is in the states? This way he can start working while the visa is still being processed once EAD abd AOS is approved which takes about 3-4 months.

Has anyone ever done this?

My husband is currently in the states with me for a month now. He came into the states as a visitor, so no stamps are in his passport. We are planning on staying together here in the states till the AOS has been completed.

Can anyone provide some insight or advise on this?

If he is in USA you can apply for AOS. You can apply for EAD at the same time without any additional cost. You will be filing I-130 along with I-485 for AOS and attach I-765 for the EAD. It took us about 60days for the EAD to get approved and about 3months to get the AOS interview date.

USCIS doesn't issue visas. They'll process your I-129F petition and send it to NVC. NVC will then close it. Two separate government agencies that have a history of turf wars.

USCIS does issue some types of VISAS. An example is U visa. USCIS does not issue K3 visa.

thanks for all the help and suggestions I don't really care if it is a K-3 or a IR-1/CR-1 I want to pursue what ever is quickest really. So far I have been receiving all the stuff for the K-3 so I'm just running with it.

Thats exactly how i felt when i applied for my wife. A lot of people on here adviced me not to file K3 on here but in my case i did not care about money or not being able to work immediately. All I cared about was her coming here on the fastest possible method. And I am really glad that I wwent with K3 in my case. Good to know they are processing K3 again atleast in very few of the cases. It really would be nice if USCIS and NVC act in synch instead of confusing people. Hopefully we will know more from your experience on the current status of K3 processing.

If by payroll you mean USCIS staff, yes, that's covered - part of the total cost - in the link to federal register I posted everything is broken down. 90% of USCIS operating costs comes from the fees.

TOTALLY SUPPORT the HIKE... Compare the timelines for processing various cases like IR1/CR1, naturalization , I-485 etc from 2006-2007 to now and you will see that USCIS has become a lot efficient and are processing cases a lot faster. To me the hike is very marginal when compared to the efficiency they got with the hike... $75 is nothing when compared to the stress people go through because their cases are delayed...So if this hike helps in increasing their efficiency, i am all for it...

What this means is there nothing to do now but waite. If they close my I-129F I will let you know. But I think your going to be eating crow on this one. Time will tell

Unless the option to file 129F(K3) is totally withdrawn by USCIS, there is nothing to say for sure that NVC will not change it's policies about K3 visa in future. The way the K3 was processed has changed quite a number of times in the past at NVC so I am not going to be suprised if NVC changes it policy about the Feb 1st notice about not processing K3 if it receives an approved I-130 concurrently.

In the above OP(Brian Sloan's) case he has nothing to lose if NVC closes his I-129F. He still has the I-130 option. As long as he immediately filed for his I-129F on receiving his I-130NOA1 , he has not really lost anything just because he has filed his I-129F. It is not like they are saying they are going to stop processing his CR1 just because he filed his I-129F.

What you file is an I-130 for a CR1 visa. K3 is dead. Yes, all the above is legal.

K3 is not dead. It is in a coma. IT can wake up tomorrow if NVC decides to start processing 129F's again. Or it may not wake up ever but it still out there

If someone has done K3 Visa in recent time in India please share your experience as how long the process took?

Thanks

It took me 5 months recently for my wife's K3 at Chennai consulate. Apply for I-130 and I-129F(I-129F is free). Make sure you apply for I-129F immediately as soon as you get the I-130 NOA1. They will most probably close your I-129F at the NVC stage and leave you with only CR1 option. But you never know, in case your I-130 gets some RFE and gets stuck then you can use the I-129F backup.

I am naturalized US Citizen for past 3 years. I am getting married to my fiancee in India later this year. I live and work in US. I heard DCF is expedite way to get I-130 done. My question is can I apply for I-130 in India while I am in India ( I shall be in India for 30-45 days)to get married?

Currently with IR1/cR1 being faster even when you apply the I-130 in USA, you probably wont save a lot of time by doing DCF. You will average atleast 4-5months even for the DCF.

Married or divorced he is financially responsible for you per the I-864. He cannot do anything to have you deported.

Once you are divorced, He is not financially responsible for you unless the divorce decree specifically states alimony. He is just responsible for fulfulling what the divorce decree says. Only if you use public means tested benefits the government can go after him to get that back. He does not have any obligation towards you but only to the goverment to make sure you are not a burden on the society as per the affidavit of support he submitted. I mean you do not have a cause of action against him in court to support you. The divorce ends that right. It is towards the goverment that he has an obligation to pay back in case you use any public benefits. In case you do not use any public means tested benefits then there is nothing that the goverment will do to make him pay for any financial obligation.

Attorneys CAN NOT speed the process and can only slow the process.

That is a very big statement which I respectfully disagree. I totally agree that a person willing to spend time researching on community sites like VJ can fill the forms and go through the process but saying that ATTORNEYS slow the process is making a big statement without any sustainable proof other than minority hearsay.As an examle, a simple thing like filling an expired form can slow the process drastically which a reasonable attorney WILL never do. There are State Bar ethics committee's and in case an attorney slows down the process because he is not well versed in the law he can be disciplined by the Bar for malpractice and perhaps even get his license revoked.

We have a lawyer and the I-29F arrived in Vermont on May 18th 2010. We have a few questions about this. Does it speed up the process any to have a lawyer? What controls speed of the process I notice some peoples journey is far shorter than others? Basicly is there anything to make it go faster? these are probbally dumb questions but its killing us to wait!

In my opinion having an attorney might speed up things to the extent that all the things are done correctly and no inadvertent mistakes are made in the application process or something important is not left out thereby avoiding an avoidable RFC. If you can afford an attorney it will never hurt to have expert working for you. If you cannot afford an attorney its not a very complicated process to do it by yourself either.

Brant & Paulina

they arrived on a b1/b2 visa, married, and now are applying for a AOS based on marriage.

Medical records were forged by a doctor for a fee.

If he came on B1/B2 and doing an AOS here the medical should be done in States. I would doubt that a doctor here in States would take bribe to forge the medical and risk losing his license and being thrown in Jail. If you are taking about the medicals being forged abroad it wont help him much since the medical needs to be done by USCIS approved physician in States. If he is engaged he is still single. If someone came on B1/B2 there is nothing in the law that says he cannot marry once in States. If that was the sole intent that he came to the States that might be a different thing but just because he got married on B1/B2 doesnt mean anything. I think you are just on a witchhunt because of some issues you have with this couple. Unless this person married just for the sole sake of greencard there is nothing you can do.