Another Spousal Visa Question

utopiacowboy says on Apr 2, 2005, 15:07:

At one time they were so slow processing the I-130 petitions that it made sense to file an I-129F to get a K-3 visa. This was a temporary 2 year visa that allowed a spouse to come to the US to wait until her I-130 was approved. They are taking 7-8 months to approve K-3 petitions these days while they are approving I-130s very quickly especially with the Vermont and California Service Centers. Don't bother with the K-3.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Dan says on Apr 3, 2005, 06:09:

Utopia I finally got married this past tuesday. Now I'm going to be working on the immigration part myself too. Looking at the Texas service center, it looks like that they are working on the I130's for a while, are you saying that it would be unneccessary to file for the K3/4 with having the Texas center?

God Bless America!

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caulfield2 says on Apr 3, 2005, 11:01:

My understanding is that you still need to file the I-130 after you get your receipt back from California (or Texas, or whatever service center you use).

The I-130 goes to Chicago for processing, then moves to the Missouri Service Center.

It used to take 3-5 months, it might be a little slower now.

The I-130 in some areas can take almost 2 years to be approved, so I would file all the necessary paperwork and whichever approval you get first is fine, but it's better to pursue all avenues simultaneously.

While the I-130 is going through the pipeline, your K-3 is also in the processing "line." You might want to check some of the attorney websites, there are hundreds that have updated processing times for the various service centers for each of the forms, I-129f, I-130, I-485, etc.

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caulfield2 says on Apr 3, 2005, 11:05:

For Texas Service Center, you should definitely pursue the K-3/4 route. It will still end up saving you 3-4 months even if the processing times have slowed from where they used to be.

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utopiacowboy says on Apr 3, 2005, 16:00:

I love it when people post stuff here and they have no idea what they are talking about. Caulfield, the I-130 is for the immigrant visa. The K-3 is obtained by filing an I-129F after you receive notice that your I-130 has been received. The Texas Service Center is sending most of the spousal I-130s that they receive to the California Service Center where they are acted on fairly quickly. As of March 18, 2005, the National Benefits Center is processing K-3 petitions dated August 23, 2004. The Texas Service Center is showing roughly the same dates for the I-130 but they are sending their spousal I-130s to California which, as of the same date, is processing I-130s dated February 8, 2005. You can spend the extra $165 on filing for a K-3 if you want to but I would not bother with it.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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utopiacowboy says on Apr 3, 2005, 16:02:

BTW, this is the site to see the USCIS processing times: https://egov.immigration.gov/cris/jsps/ptimes.jsp? The AILA site sometimes has the processing dates a day or two ahead of when the USCIS posts them on their site.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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caulfield2 says on Apr 3, 2005, 18:24:

Okay, I had my documents switched around. You file the I-130, where it sits for approximately 500-600 days if your service center happens to be Lincoln, Nebraska.

Then, you send the I-129f, which is normally the fiance visa that would have been send to Lincoln if you had not married outside of the United States, to Chicago, where it is sent on to the Missouri Service Center.

I should know, I did this all without a lawyer and I got my K-3 approved in 4 months, but that was back in 2003.

It takes forever to get back everything, fingerprinting, EAD (work employment authorization), social security number, then you have to get fingerprinted again for the I-485 Adjustment of Status, which keeps on going up in price...

Another thing to keep in mind is that a K-3/4 allows your spouse to freely travel outside of the country while the I-130 is being processed, but she can no longer travel outside the US while her I-485 is being processed...it took almost 18 months for our I-130 to be approved (late June 2003 to December 2004).

I talked to the State Department, that National Visa Processing center in New Hampshire that does the background checks, my 5th District representative and Senators...

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utopiacowboy says on Apr 3, 2005, 21:50:

You had some really bad luck having to deal with the Nebraska Service Center. They are by far the worst of the service centers and the only one where filing for a K-3 still makes sense.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Neonovo says on Apr 4, 2005, 11:16:

Will my y I-129F petition get complicated if... We get married in Colombia? She's holding out for getting married in Colombia, which is fine with me, but I would like to be ready for any possible repercussion.

My strategy to get the paper work over and done with was: One, send the I129-F (Texas as I live in FL); Two, wait until we're notified to come in for an interview; Three, AFTER she gets her visa and temporary-resident come to the US and get married here.

But now I'm wondering what will happen if we get married over there.

Paz
Neonovo

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utopiacowboy says on Apr 4, 2005, 11:33:

It was a good strategy, Neonovo but it was a strategy for bringing her here on a K-1 (fiancee) visa. If you get married in Colombia you need to adopt a new strategy - filing an I-130 to get her an immigrant visa. Don't worry - it's cheaper than the K-1/AOS process even though it's slower.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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bbattiste says on Apr 4, 2005, 22:30:

UTP...I am confused. I started by applying for a fiance visa, but before I sent it in I decided to get married and bring her here on a K-3 visa. After checking with a few people my understanding for a spousal visa was a two step process. First applying for a petition I-130, which takes 30-60 days in California. Then applying for the K-3 which takes another 4-10 months.?????

Anyway, the para-legal doing my paperwork is out of town for another week or two. On March 23rd the CSC received my paperwork and I received a receipt about 9 days later. But what is the next step? I thought once the petition is approved then I apply for a K-3, but you said not to bother with it. So what should I do next? You seem to be knowledgable about the process.

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Dan says on Apr 5, 2005, 03:55:

Of what I have been reading, when you receive the receipt that says they got it, you would make a copy of it and send that with the petition for the K3. You don't wait for one to be approved and apply for the other. Once approved, you don't need to re-apply for a different visa.

God Bless America!

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utopiacowboy says on Apr 5, 2005, 06:57:

Bbattiste, the K-3 was a stopgap measure, a temporary 2 year visa that was created back in the days when it was taking 2 or 3 years for the I-130 to be approved. The thing you really want is the green card and a K-3 never gave you a green card. You would have to adjust later from a K-3 to permanent resident status by filing for AOS like my wife is doing now. These days they are approving the I-130s very quickly at the California Service Center. In the meantime they are taking 7-8 months to approve a K-3 petition so most people are not bothering with the K-3. After the I-130 is approved you will get some paperwork from the National Visa Center, an Agent of Choice Form along with an I-864 and a Fee Bill for payment fo the visa application fees. Once the NVC gets everything they need they send it to Bogota. Bogota schedules an interview and your wife gets a CR-1 visa. When she enters the US with it, she will get her passport stamped with an I-551 and a little later she will get her green card in the mail.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Neonovo says on Apr 7, 2005, 11:23:

Our I-129-F is finally on its way. as of yesterday... I sent our I-129F out yesterday, Wed April 6th. What do I expect next. She gets a call at home, inviting her for an interview in Bogotá which I should attend?

Paz
Neonovo

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utopiacowboy says on Apr 7, 2005, 11:30:

You will be getting a piece of paper from the service center saying that they have received your petition. This is an I-797 frequently referred to as an NOA1 (first notice of action). Depending on what happens with your petition you will receive an NOA2 (second Notice of Action) which will be another I-797 notifying you that the petition has been approved and sent to the National Visa Center. The NVC will notify you when they get the file and when they send it to the embassy in Bogota. After the embassy receives it they will send out Packet 3 to your fiancee. She will return some paperwork and if everything is ok, they will send out Packet 4 with the appointment letter. She will have to have a lab and medical done along with getting some other documents before the interview.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Bikerboys332 says on Apr 7, 2005, 16:07:

K-1 Visa This is a very good example of what happens. The only thing I would like to add is that there is a one month wait before they will send out packet 4. I am going to the interview because I heard that it is easier on the fiance if I show up. I was told they do not ask as much of the person trying to get the visa.

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utopiacowboy says on Apr 7, 2005, 16:16:

Good move! It's stressful and I am sure that your fiancee will take comfort having her biker boy with her.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Neonovo says on Apr 7, 2005, 21:14:

Thanks for the input, UC... Totally sweet imput; Much obliged to you sir. I will translate it for her benefit, and keep her posted.

Any input on the time table between the NOA1 and NOA2?

NOA2 and the NVC action (in which they notify Bogotá)?

Bogotá getting it the packet and notifying my "futura"?

Biker: When you say "they do not ask as much of the person trying to get the visa." do you mean they woulnd't ask ME much if I was there? or viceversa, they woulnd't ask HER?

The angsty worm woke me up, so I decided to hang at PBH...

Paz
Neonovo

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utopiacowboy says on Apr 8, 2005, 07:44:

All he's saying is that things go much smoother if the US citizen is there. In Lima, Peru it's close to a requirement that the US citizen be there. They are not as rigid in Bogota but it certainly helps.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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flaleo says on Apr 11, 2005, 05:18:

Great summation UC Thanks UC, great post summing up the process, very helpful. I hope to file the I-129F (TX- ouch!) upon my return to FL from Cali in two weeks. I'm hoping to have her in the US by mid-Oct (six months) at the latest - I hope that's realistic (but TX still lists Aug/2004 for I-129Fs).

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Dan says on Apr 11, 2005, 07:42:

I'm hearing from here on this board that TX is sending a lot of petitions to California as they are approving them a bit faster.

Good luck. I'm working on mine right now. Still waiting for papers from my wife so I can submit the first petition.

Daniel

God Bless America!

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smoothing says on Apr 11, 2005, 20:20:

UTOPIACOWBOY IS RIGHT SMOOTHING.I LIVE IN N.C.I SENT MY PAPERWORK TO TEXAS.GOT A RECEIPT BACK FROM CALIFORNIA 2 WEEKS AGO.I CALLED TO ASKED WHY DID IT GO TO CALI AND THE NICE WOMAN SAID"BECAUSE IT WOULD BE PROCESS FASTER,30 TO 60 DAYS".IF YOUR SPOUSE IS IN COLOMBIA.MAKE SURE THAT ALL THE PAPER-WORK SHE SEND TO YOU IS TRANSLATED IN ENGLISH AND HAVE THE APOSTILE ON THEM.IT IS GOOD TO GET ABOUT 5 COPIES OF EVERYTHING FROM HER.FOR DOWN THE LINE.

SMOOTHING

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Dan says on Apr 12, 2005, 03:05:

Apostille? I saw someone here say that the apostille isn't needed, so long as an English translation is added to it with what ever statement is included that the USCIS requires.

God Bless America!

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utopiacowboy says on Apr 12, 2005, 05:48:

Right. No apostille for the USCIS.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Dan says on Apr 12, 2005, 13:36:

Thanks UC Just making sure

God Bless America!

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smoothing says on Apr 12, 2005, 17:23:

APOSTILE SMOOTHING.IF YOU WERE MARRIED IN COLOMBIA AND YOU SUBMIT YOUR MARRIAGE DOCUMENTS WITH THE I-130 AN APOSTILE IS NEEDED.APOSTILE FROM THE COLOMBIAN GOVERNMENT.ITS CALLED VERIFICATION OF THE DOCUMENT THAT IS PRESENTED BECAUSE COLOMBIA IS NOT PARDON TO THE HAIG ACT.CALL THE CUSTOMER SERVICE CENTER TO MAKE SURE.

SMOOTHING

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utopiacowboy says on Apr 12, 2005, 21:30:

Smoothing, I WAS married in Colombia and I did submit papers with my I-130, the registro civil from the notaria in Medellin. It did NOT have an apostille. My I-130 was approved with no problems. BTW, Colombia IS a party to the Hague Convention on the Authentication of Documents.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Jack Smith says on Apr 16, 2005, 14:45:

Did it myself..... I did not use a lawyer and used the Nebraska center and my then fiance got her fiance visa in 3.5 months...this was back in 99 however......

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alexyy9 says on Apr 17, 2005, 22:02:

marraige w/in the US??? Hi..I just read the entire discussion surrounding the I-130, and I have a question for you all...does anyone have any experience with/knowledge of this kind of situation - one person comes to the US w/o papers, marries a US citizen while in the US, is discovered by the INS to not have papers, returns to Colombia and the US citizen then files the I-130 to get them back to the US...the relationship is very real, and very legitimate, but it seems that the timing/placement of the wedding ceremony is off. my question is: how long will this take for the I-130 to be processed? (It was sent to Vermont in early Feb, and according to the USCIS website, they have already processed petitions that arrived at that time...what does this mean that I haven't heard anything from them?)

Another seemingly unrelated question - is it more difficult when the situation is that the US citizen is a woman, and the person they are trying to petition in is a man????

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lpdiver says on Apr 18, 2005, 06:24:

alex You don't give enough information to answer this question intelligently. INS no longer exists. You may be in for a VERY long wait depending on circumstances. An attorney would be in order here if only for a consult.

T

"cook some rice!"

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Neonovo says on Apr 28, 2005, 10:47:

I-797 arrived within a month of I-129F submission... 04/06/05 sent I-129F; 04/08/05 INS Texas office signed for it. 04/27/05, Received I-797C Notice of Action from Homeland Sec., Laguna Niguel, CA, acknowledging.

So I guess things are moving along...

Paz
Neonovo

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Dan says on Apr 28, 2005, 11:56:

Sounds like CA is on top of things. Good luck on the rest of it. I'll soon send my I-130's for my wife and her daughter.

Best of luck to you,
Dan

God Bless America!

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Jlove says on May 8, 2005, 05:08:

Thanks for everyones comments. Especially to Ucowboy who appears to be so knowlegable about the processes.

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stanmoonie says on May 8, 2005, 07:17:

It is not hard bbattiste

It is not hard believe me. the K3/k4 visa was because before the I130 took forever to get processed so the K3 allowed you to bring your wife here sooner. The only problem was that most of the processing centers started approving I-130s within 3 or 4 months. The 129f which is your k3/k4 visa gets sent to missouri by way of chicago which does not make no sense, anyway right now missouri is processing petitions sent them in Oct 2004 so you can see they are way behind. So it really is up to you... if you want to waste the $165.00 just for a fall back in case you have a problem with your I-130 then go ahead.

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utopiacowboy says on May 8, 2005, 20:11:

You are absolutely right, stanmoonie.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Neonovo says on Jun 17, 2005, 08:43:

Approved ! ! 04/06/05 sent I-129F; 04/08/05 INS Texas office signed for it. 04/27/05, Received I-797C Notice of Action from Homeland Sec., Laguna Niguel, CA, acknowledging.

06/16/05: Rec'd approval.

So I guess things are moving along...

Paz
Neonovo

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norman says on Jun 17, 2005, 13:06:

You may need a waiver Norman A Verbel
Technical Support Representative
4000 Metropolitan Dr.
Orange, CA 92868
norman.verbel at att.net

I'm going trough a similar issue. My spouse enterd the country as an ilegal inmigrant and was here for almost ten years. However she was never deported and left the country on her on will. A plus.
Regardless the amount of time, on the other hand just being in the US ilegal causes more conflicts. But no harm yet. You may need what they call a "waiver" with strong back up comments explaining of why when and how she entered the US?? And why this causes you or the Citizen Hardship. I had mine done by an attorney.
Another documents that may be necessay are bills,pictures,marriage certificates. However every case varies. And most of the times the waiver is approved to US citizen with no criminal records, So I've heard.

Norman A Verbel Technical Support Representative 4000 Metropolitan Dr. Orange, CA 92868

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Neonovo says on Jul 9, 2005, 14:44:

Arrived from Bogotá, and found the K1 notice from the NVC I started this whole process on 04/06/05, and here, 4 months later, I have a notice from the NVC telling me the K1 pack in on its way to her via the Bogotá embassy. That sort of time frame is not bad at all in my book.

As luck would have it, I have to small details: I inverted her B-day; Down there they write it day/mm/yr and I read it as mm/day/yr; and during the trip I just got back from on July 3rd -I spent one week doing little more than sitting 'round, like they say, a la locha- I broke my fibia, a bone close to the foot, on the right side of my ankle. So I may not be ready to go back for the interview, as I'm getting a cast this Monday 07/11.

I'm hoping she can handle the interview w/out me.

Paz
Neonovo

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