cherrey

Hi everyone,

We are a EU/US couple living and working in Mexico.After getting married we have just started to file the initial I-130 to later apply for a K3 visa.
We handed the petittion to the Mexico City embassy and were told to wait for 4 weeks and get an answer by mail telling us if it got accepted (would this be the NOA1?),and that after that we would get an interview scheduled for 6-8 months later at Ciudad Juarez.
We know that in order to apply for a K3 we also need to file for a I-129f,however we still have a few important questions some of you might have the answer to...

*Does the I-130 have to be approved before we can apply for the I-129? And does the I-129 need to be approved before we can ask for the K3?.We have a receipt for the I-30,does this count for anything?

*Who will have to go to the interview at the Juarez Consulate,the beneficiary,the petitioner,or both spouses?

*If the US spuse goes back to the US while the I-130/K3 is on,does this change anything?(We are hoping to enter the US togheter by August to study,but in case this is still not possible,the US spouse might leave first).

*Is it possible for the foreign spouse to to visit his spouse in the US as a tourist while the I-130 is still pending and returning before visa expires or when getting news from the USCIS for the interiew?

*And finally, we are both,as we mentioned earlier,legal residents in Mexico but visas will expire in July,does anything change? Is it important to be residents in Mexico after the application or only while the petition is made?

Many many thanks in advance for answering any (hopefully,all...!) of our questions.If you are DCF'ing in Mexico and have any info or questions let us know!!

cherrey & sue

meauxna

Hi,
The K3 does not apply in your case. You are doing what is known as a DCF/Direct Consular Filing. By filing the petition with USCIS Mexico City, you are in a shorter line than an I-130 filed in a US Service Center. This option is normally only available to USCs resident in the foreign country. Yay for you, because it is much quicker and you may stay together abroad during the process, if you want.

See above.

I believe in Mexico that only the beneficiary need attend the interview. Once you look up a few recent Mexico DCF cases (try www.kamya.com/interview and look for DCF/I-130 Abroad) you'll quickly find out. Normally, once the USC has filed the petition, their part is done.

See above.

If the foreign spouse has the appropriate visa or VWP to enter the US, they are under as much scrutiny as any spouse of a USC (a lot). The person should carry evidence of their ties to their home/host country as proof of their return on schedule. The border agent may be aware of the immigrant petition filed on the foreign spouse's behalf.
How was the foreign spouse planning on attending school, or did you hope to have the immigrant visa by that time? If there is any delay, I don't think they he can be admitted as a tourist and attend school.

I've always read that the US Consulate or USCIS Field Office require that the foreign spouse have legal residence status in their host country for the duration of the visa process. If your timeline went very quickly (don't know at all how accurate that "6-8 months" might be) you could just get in under the wire. However, there may be a problem with travel at the last minute (FBI check?) so it would certainly be best to have a cushion of legal status in Mexico, if it is possible to get an extension or change status to 'tourist' for an extra period.

cherrey

Hi Thanks a bunch Meauxna,so you don not think it would be worth going thru the K3 route? Do you think it would take longer than wait for the I-130 process to continue and wait for their direccions?
Also what documents should we start gathering.A Police certificate for UK & Spain should be on its way,anything to do with taxes for the Affidavit of support i guess too,anything else?

meauxna

Here's an explanation of DCF:
http://www.visajourney.com/forums/index.php?pg=dcf
I'll let you draw your own conclusions about the K3 relative to your case, but I'll add that I have never, once, heard of anyone who found it beneficial, or even considered it for a DCF case. I do remember having trouble figuring out myself that K3 was not the visa we were interested in.
Then again, our case took 33 days.

Suggest you get intimate with what Juarez has to say. We also did a 3rd country DCF, so you may not find instructions that fit your exact situation. Just remember that you may bring extra paperwork to your interview. If they don't want it, it was just a little extra work.
http://ciudadjuarez.usconsulate.gov/wwwhivap.html

You are currently waiting for an "Approved Petition" (your I-130) and then the foreign spouse will then be applying for an Immigrant Visa. Forms here: http://ciudadjuarez.usconsulate.gov/wwwhivfm.html

Medical info in the menu on the left.
Police certificates for UK and Spain, yes, if applicable. We had to order a UK one from overseas as well and found that a phone call to the Police Station helped. There is detailed Police Certificate info at www.kamya.com (look for visa links at the bottom left corner).
Hmm. Order tax return *transcripts* over the automated phone number from IRS; arrive to a US addy in 2 weeks or less. Get one each of the past 3 years returns.