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I-130 and a K3

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Old Oct 18th 2001, 9:12 am
  #1  
Terence Gorender
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I am a Canadian citizen married to a non-resident US citizen. We both live and work
in Canada. We would like to move to San Diego California.

From what I have been reading the I-130 is for spouses of US citizens who are
permanent residents. Is this correct?

Do we file something else?

What can we do to speed up the process of entering and working ? [Parol/probation
entry in to the US ?]
 
Old Oct 18th 2001, 4:18 pm
  #2  
Shelley
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Your wife needs to file an I-130 for you through the Nebraska Service Center. Once
this is processed (and yes there is a whole lot of other things and paperwork to do)
you will be able to get your visa in Montreal - that is the only Consulate that
processes I-130 visas. The whole process will probably take about a year. Then you
both can move to the US. When you enter you will become a permanent resident. See
this website for the complete details - the I-130 immigration Help Site
http://www.geocities.com/CapitolHill...806/index.html also Doc Steen's site
http://www.mindspring.com/~docsteen/...o/visainfo.htm contains examples and
helpful hints. I don't believe you can use the K-3 unless your wife moves to the US
before you, then files the I-130 (if she is in San Diego she would file at the
California Service Center) and when it is approved she can file for the K-3. Doc
Steen's site (see above link) has K-3 information. If you enter the US without a visa
and try to adjust status here, your application would probably be denied because you
crossed the border with immigrant intent. Take Care. Shelley

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Old Oct 19th 2001, 2:55 am
  #3  
Toni B
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What would be the point of a k-3 if you have an approved marriage application? I
think you only need to show proof that there is an I-130 pending before you can
file for K-3.
 
Old Oct 19th 2001, 5:54 am
  #4  
Shelley
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Opps. You are correct - sorry. One would file the application for the K-3 when the
first NOA - Notice of Action is received. I keep getting the Actions and Approvals
mixed up Thank goodness my hubby already has his I-551 stamp! Take Care. Shelley

[usenetquote2]> >From: "Shelley"[/usenetquote2]
    >
[usenetquote2]> >then files the I-130 (if she is in San Diego she would file at the California[/usenetquote2]
[usenetquote2]> >Service Center) and when it is approved she can file for the[/usenetquote2]
K-3.
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application?
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you
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Old Oct 19th 2001, 5:58 pm
  #5  
Terence Gorender
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Posts: n/a
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Thank you all for the advice.....

We recieved the I-130 (Petition for Alien relative) and G-325A (Biographic Info) as a
package. We did everything that is on the I-130 checklist. Is there anything else we
need to submit with the I-130 and G-325A?

Since we are in the aftermath of Sept 11 and now the Anthrax paranoia, does anyone
have any idea how long it will take to get to the next stage ? What is the next stage
after sending off the I-130 ?

Once we recieve confirmation or reciept of the I-130 could we then apply for advanced
parol to enter so we can move down south and get on with our lives ? Then once down
there my wife can work and I can apply for a work permit ? Is this scenario possible
? It seems faster than waiting for everything to happen in Canada.

P.S. does the K3 factor in to this scenario ?

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[usenetquote2]> > >From: "Shelley"[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > >then files the I-130 (if she is in San Diego she would file at the California[/usenetquote2]
[usenetquote2]> > >Service Center) and when it is approved she can file for the[/usenetquote2]
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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > What would be the point of a k-3 if you have an approved marriage[/usenetquote2]
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[usenetquote2]> > I think you only need to show proof that there is an I-130 pending[/usenetquote2]
before
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[usenetquote2]> > can file for K-3.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
 
Old Oct 20th 2001, 4:35 am
  #6  
Jay Parekh
Guest
 
Posts: n/a
Default

What I read (and filed) is the I-130, you will get a receipt. Then send the I-129F
with a copy of the reciept right away. All immigration sites and my lawyer has
advised that both forms need to be filed.

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[usenetquote2]> > Opps. You are correct - sorry. One would file the application for the K-3 when[/usenetquote2]
[usenetquote2]> > the first NOA - Notice[/usenetquote2]
of
[usenetquote2]> > Action is received. I keep getting the Actions and Approvals mixed up Thank[/usenetquote2]
[usenetquote2]> > goodness my hubby already has his I-551 stamp! Take Care. Shelley[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

[usenetquote2]> > > >From: "Shelley"[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > >then files the I-130 (if she is in San Diego she would file at the California[/usenetquote2]
[usenetquote2]> > > >Service Center) and when it is approved she can file for[/usenetquote2]
the
[usenetquote2]> > K-3.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > What would be the point of a k-3 if you have an approved marriage[/usenetquote2]
[usenetquote2]> > application?[/usenetquote2]
[usenetquote2]> > > I think you only need to show proof that there is an I-130 pending[/usenetquote2]
    >
[usenetquote2]> > you[/usenetquote2]
[usenetquote2]> > > can file for K-3.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
 
Old Oct 20th 2001, 3:27 pm
  #7  
Shelley
Guest
 
Posts: n/a
Default

If you are both living in Canada - there is nothing more you can do but wait for the
petition to be approved. The K-3 is for spouses living in the US to bring their
foreign spouses to the US to wait until the I-130 is approved. Since your wife is
with you in Canada, she cannot file to bring you to the US because she doesn't live
there. Advance Parole is for those who have filed Adjustment of Status while living
in the US - does not apply to you. You cannot get work authorization because you do
not have an approve application, but when your I-130 is approved and you enter the
US, you will receive a Green Card (actually you will receive the I-551 stamp, the
plastic cards comes in the mail later) when you enter the US. This will give you
work authorization and travel authorization (you will not need Advance Parole or an
EAD card). For additional information on filing the I-130 see the I-130 Immigration
help site http://www.geocities.com/CapitolHill.../petition.html Take
Care. Shelley

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[usenetquote2]> > Opps. You are correct - sorry. One would file the application for the K-3 when[/usenetquote2]
[usenetquote2]> > the first NOA - Notice[/usenetquote2]
of
[usenetquote2]> > Action is received. I keep getting the Actions and Approvals mixed up Thank[/usenetquote2]
[usenetquote2]> > goodness my hubby already has his I-551 stamp! Take Care. Shelley[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

[usenetquote2]> > > >From: "Shelley"[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > >then files the I-130 (if she is in San Diego she would file at the California[/usenetquote2]
[usenetquote2]> > > >Service Center) and when it is approved she can file for[/usenetquote2]
the
[usenetquote2]> > K-3.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > What would be the point of a k-3 if you have an approved marriage[/usenetquote2]
[usenetquote2]> > application?[/usenetquote2]
[usenetquote2]> > > I think you only need to show proof that there is an I-130 pending[/usenetquote2]
    >
[usenetquote2]> > you[/usenetquote2]
[usenetquote2]> > > can file for K-3.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
 
Old Oct 20th 2001, 3:36 pm
  #8  
Shelley
Guest
 
Posts: n/a
Default

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the
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Since this couple live together in Canada - I don't think they are eligible to file
for the K-3. The K-3 visa is to bring a foreign spouse to the US to be together with
the US spouse living in the US and promote family unity. Someone will correct me if I
am wrong, but that is the way I read the visa instructions. Take Care. Shelley
 
Old Oct 21st 2001, 6:17 pm
  #9  
Terence Gorender
Guest
 
Posts: n/a
Default

Thanks Shelly

Your link to the I-130 website was exactly the information I was looking for. Every
time I talk to an immigration lawyer, they make it sound so complicated and warn me
that I must use their services for between $3000 to $5000.

From what that site says and the advice I have received from this and another news
group, I feel we could probably fill in the forms ourselves and save the money for a
down payment on a house !!

Just one last question.

Are we really looking at a realistic timeframe of 1 year before we can both move
to the US ?

Thanks Terence G.

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[usenetquote2]> > Thank you all for the advice.....[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > We recieved the I-130 (Petition for Alien relative) and G-325A[/usenetquote2]
(Biographic
[usenetquote2]> > Info) as a package. We did everything that is on the I-130 checklist. Is there[/usenetquote2]
[usenetquote2]> > anything else we need to submit with the I-130 and G-325A?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Since we are in the aftermath of Sept 11 and now the Anthrax paranoia,[/usenetquote2]
    >
[usenetquote2]> > anyone have any idea how long it will take to get to the next stage ? What is the[/usenetquote2]
[usenetquote2]> > next stage after sending off the I-130 ?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Once we recieve confirmation or reciept of the I-130 could we then apply[/usenetquote2]
    >
[usenetquote2]> > advanced parol to enter so we can move down south and get on with our[/usenetquote2]
    >
[usenetquote2]> > ? Then once down there my wife can work and I can apply for a work permit[/usenetquote2]
?
[usenetquote2]> > Is this scenario possible ? It seems faster than waiting for everything to happen[/usenetquote2]
[usenetquote2]> > in Canada.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > P.S. does the K3 factor in to this scenario ?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

[usenetquote2]> > > Opps. You are correct - sorry. One would file the application for the K-3 when[/usenetquote2]
[usenetquote2]> > > the first NOA - Notice[/usenetquote2]
    >
[usenetquote2]> > > Action is received. I keep getting the Actions and Approvals mixed up Thank[/usenetquote2]
[usenetquote2]> > > goodness my hubby already has his I-551 stamp! Take Care. Shelley[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]

[usenetquote2]> > > > >From: "Shelley"[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > >then files the I-130 (if she is in San Diego she would file at the[/usenetquote2]
[usenetquote2]> > > > >California Service Center) and when it is approved she can file for[/usenetquote2]
    >
[usenetquote2]> > > K-3.[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > What would be the point of a k-3 if you have an approved marriage[/usenetquote2]
[usenetquote2]> > > application?[/usenetquote2]
[usenetquote2]> > > > I think you only need to show proof that there is an I-130 pending[/usenetquote2]
[usenetquote2]> > before[/usenetquote2]
[usenetquote2]> > > you[/usenetquote2]
[usenetquote2]> > > > can file for K-3.[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
 

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