I130 approved by Vermont, no K3 yet, here are my concerns
Nov 20th 2002, 3:34 pm
#1
Guest
Posts: n/a
I130 approved by Vermont, no K3 yet, here are my concerns
I have many questions, but first my timeline (I am the USC, spouse is
Dominican):
VSC I130 1st NOA; June 13, 2002
VSC 2nd NOA: November 1, 2002
MSC I129F 1st NOA: August 15, 2002 (I didn't file until 2 months after
I797 issued)
There are two minor children, for whom I have not yet filed I130s.
1) Am I in danger of having my K3 booted now? What REALLY constitutes
approval- when it reaches the embassy?
2) Is it too soon to crank up the big guns and aim at Missouri? It
has only been 97 days. I may be able to go beyond a congressperson,
who I note could not be expected do much more than get a status,
albeit maybe a more detailed one than I could get. (There are no live
people on the phones in Missouri. You have to call the national 800
number and what could they possibly know? They said to write to
Missouri.
3) Should I file the children's I130s now? Is there a danger that my
wife would get a visa and the children would not, at this point?
4) Would it be wise to retain an attorney at this late stage?
5) You may detect an underlying desperation that would not normally be
justified by this timeline. Forgive that, but trust that my concerns
are justified.
A great appreciation for the members of this Newsgroup accompanies
this truckload of questions. Thanks! Bob.
Dominican):
VSC I130 1st NOA; June 13, 2002
VSC 2nd NOA: November 1, 2002
MSC I129F 1st NOA: August 15, 2002 (I didn't file until 2 months after
I797 issued)
There are two minor children, for whom I have not yet filed I130s.
1) Am I in danger of having my K3 booted now? What REALLY constitutes
approval- when it reaches the embassy?
2) Is it too soon to crank up the big guns and aim at Missouri? It
has only been 97 days. I may be able to go beyond a congressperson,
who I note could not be expected do much more than get a status,
albeit maybe a more detailed one than I could get. (There are no live
people on the phones in Missouri. You have to call the national 800
number and what could they possibly know? They said to write to
Missouri.
3) Should I file the children's I130s now? Is there a danger that my
wife would get a visa and the children would not, at this point?
4) Would it be wise to retain an attorney at this late stage?
5) You may detect an underlying desperation that would not normally be
justified by this timeline. Forgive that, but trust that my concerns
are justified.
A great appreciation for the members of this Newsgroup accompanies
this truckload of questions. Thanks! Bob.
Nov 21st 2002, 3:21 am
#2
Forum Regular
Joined: Oct 2002
Posts: 160
Re: I130 approved by Vermont, no K3 yet, here are my concerns
Originally posted by Bob
There are two minor children, for whom I have not yet filed I130s.
1) Am I in danger of having my K3 booted now? What REALLY constitutes
approval- when it reaches the embassy?
There are two minor children, for whom I have not yet filed I130s.
1) Am I in danger of having my K3 booted now? What REALLY constitutes
approval- when it reaches the embassy?
Originally posted by Bob
2) Is it too soon to crank up the big guns and aim at Missouri? It
has only been 97 days. I may be able to go beyond a congressperson,
who I note could not be expected do much more than get a status,
albeit maybe a more detailed one than I could get. (There are no live
people on the phones in Missouri. You have to call the national 800
number and what could they possibly know? They said to write to
Missouri.
2) Is it too soon to crank up the big guns and aim at Missouri? It
has only been 97 days. I may be able to go beyond a congressperson,
who I note could not be expected do much more than get a status,
albeit maybe a more detailed one than I could get. (There are no live
people on the phones in Missouri. You have to call the national 800
number and what could they possibly know? They said to write to
Missouri.
Originally posted by Bob
3) Should I file the children's I130s now? Is there a danger that my
wife would get a visa and the children would not, at this point?
4) Would it be wise to retain an attorney at this late stage?
3) Should I file the children's I130s now? Is there a danger that my
wife would get a visa and the children would not, at this point?
4) Would it be wise to retain an attorney at this late stage?
Nov 21st 2002, 8:24 am
#3
BE Enthusiast
Joined: Oct 2002
Location: Queens, New York
Posts: 606
Hi Bob,
Well my parents are Dominican, and I know from first hand experience that is a tough Consulate you will be dealing with. Well I don't mean to scare you but my aunt is going through a very sad situation right now. She immigrated from DR about a year and a half ago. She has a 9 year old son whom was denied residency because my aunts sponsor and cosponsor did not make enough money or so THEY CLAIM. She's been to the Dominican Republic twice already, each time with no success in bringing her son. It is very sad and depressing. I am sure your situation is different, especially since you ARE a US citizen. My aunts petitioner is a RESIDENT. May be you will get better treatment.
Good luck, hope everything goes well.
Claudia
Well my parents are Dominican, and I know from first hand experience that is a tough Consulate you will be dealing with. Well I don't mean to scare you but my aunt is going through a very sad situation right now. She immigrated from DR about a year and a half ago. She has a 9 year old son whom was denied residency because my aunts sponsor and cosponsor did not make enough money or so THEY CLAIM. She's been to the Dominican Republic twice already, each time with no success in bringing her son. It is very sad and depressing. I am sure your situation is different, especially since you ARE a US citizen. My aunts petitioner is a RESIDENT. May be you will get better treatment.
Good luck, hope everything goes well.
Claudia
Nov 21st 2002, 9:18 am
#4
BE Enthusiast
Joined: Sep 2002
Location: UK
Posts: 352
this whole immigration process has been a complete nightmare for me too, i have the exact same problem. My I-130 was approved in aug and my K-3 was approved in Nov (181 days), thus cancelling my K-3 and my childrens visa, so i was told by TSC, so we are having to file seperate I-130's for the kids, im just lucky that my parents will look after the children till they are able to come. contact your congressman, but my husband called ours and all they could do was try to push it through for us, good luck
Nov 21st 2002, 9:26 am
#5
Guest
Posts: n/a
Re: K3 timeline if married in UK, live in US
>0 and K3 in two different countries (K3 requiers
>you to go to the consulate/embassy in the country where you got married,
>while I-130 normally goes to the country where the beneficiary resides).
I just remembered reading this before, but it never sunk in. I married in
the UK, and now reside in Louisiana. If I apply for K3, it goes from that main
K3 processing place inthe US (I forget if it's chicago or missouri) and then
the UK? Does this make it faster? Originally people have told me 7-12 months,
it's a very unofficial time frame, but what people from louisiana have told me.
Is there anyone who has filed K3 and married in the UK who could fill me in on
their timeline? Thanks very much,
Ashley (and Pete across the water)
>you to go to the consulate/embassy in the country where you got married,
>while I-130 normally goes to the country where the beneficiary resides).
I just remembered reading this before, but it never sunk in. I married in
the UK, and now reside in Louisiana. If I apply for K3, it goes from that main
K3 processing place inthe US (I forget if it's chicago or missouri) and then
the UK? Does this make it faster? Originally people have told me 7-12 months,
it's a very unofficial time frame, but what people from louisiana have told me.
Is there anyone who has filed K3 and married in the UK who could fill me in on
their timeline? Thanks very much,
Ashley (and Pete across the water)
Nov 21st 2002, 11:32 am
#6
Guest
Posts: n/a
Re: I130 approved by Vermont, no K3 yet, here are my concerns
Bob
Okay this is where you have to be real careful. As you know I have talked
to the consulate in Santo Domingo several times for different things. But
during one of these conversations, they told me that they will process the
visa application that arrives first. I would hold out for the K-3. Also
the NVC time will be a minimum of 4-6 months. Most timelines for the DR I
have seen are more in the 6-9 month timeframe. My 1st NOA for the K-3 was 1
aug and it was approved yesterday.
Second, get the 130s for the children in as soon as possible. Now get this
little catch in the system. Even in the original K-3 instructions it stated
that the 130s for children did not need to be submitted at the same time as
the spouse's. HOWEVER, and here is the catch, when your spouse arrives in
the US you submit the AOS paperwork. The AOS is based on the approval of
the 130. So if your wife's AOS comes through, her K-3 is now void because
she has her residency. Now because her K-3 is void, the K-4s, which are
based in the K-3, are no longer valid and it is possible for the INS to say
good-bye to the kids. You are luckily in that Vermont is fairly quick with
their 130s. So there is still time to get it a fair way through the system
prior to their arrival.
Jerry
Okay this is where you have to be real careful. As you know I have talked
to the consulate in Santo Domingo several times for different things. But
during one of these conversations, they told me that they will process the
visa application that arrives first. I would hold out for the K-3. Also
the NVC time will be a minimum of 4-6 months. Most timelines for the DR I
have seen are more in the 6-9 month timeframe. My 1st NOA for the K-3 was 1
aug and it was approved yesterday.
Second, get the 130s for the children in as soon as possible. Now get this
little catch in the system. Even in the original K-3 instructions it stated
that the 130s for children did not need to be submitted at the same time as
the spouse's. HOWEVER, and here is the catch, when your spouse arrives in
the US you submit the AOS paperwork. The AOS is based on the approval of
the 130. So if your wife's AOS comes through, her K-3 is now void because
she has her residency. Now because her K-3 is void, the K-4s, which are
based in the K-3, are no longer valid and it is possible for the INS to say
good-bye to the kids. You are luckily in that Vermont is fairly quick with
their 130s. So there is still time to get it a fair way through the system
prior to their arrival.
Jerry
Nov 22nd 2002, 9:55 am
#7
Guest
Posts: n/a
Re: I130 approved by Vermont, no K3 yet, here are my concerns
"Girard Bourque" wrote in message news:...
> Bob
>
> Okay this is where you have to be real careful. As you know I have talked
> to the consulate in Santo Domingo several times for different things. But
> during one of these conversations, they told me that they will process the
> visa application that arrives first. I would hold out for the K-3. Also
> the NVC time will be a minimum of 4-6 months. Most timelines for the DR I
> have seen are more in the 6-9 month timeframe. My 1st NOA for the K-3 was 1
> aug and it was approved yesterday.
It would appear that I am right behind you for my NOA 1. Yes, I
gather that the wait for the I130 is still at least 6 months. I will
go for the K3 bird in the hand. It just means some more paperwork,
but what is that compared to six to nine months more of separation?
> Second, get the 130s for the children in as soon as possible. Now get this
> little catch in the system. Even in the original K-3 instructions it stated
> that the 130s for children did not need to be submitted at the same time as
> the spouse's. HOWEVER, and here is the catch, when your spouse arrives in
> the US you submit the AOS paperwork. The AOS is based on the approval of
> the 130. So if your wife's AOS comes through, her K-3 is now void because
> she has her residency. Now because her K-3 is void, the K-4s, which are
> based in the K-3, are no longer valid and it is possible for the INS to say
> good-bye to the kids. You are luckily in that Vermont is fairly quick with
> their 130s. So there is still time to get it a fair way through the system
> prior to their arrival.
>
> Jerry
Yes, this was my reading too. I just found a great explanation of the
whole process right on the Dept. of State website. It said exactly
that. With all my experience, I can crank out two more I130s in a
couple of hours! Good luck to you and thank you. Bob.
> Bob
>
> Okay this is where you have to be real careful. As you know I have talked
> to the consulate in Santo Domingo several times for different things. But
> during one of these conversations, they told me that they will process the
> visa application that arrives first. I would hold out for the K-3. Also
> the NVC time will be a minimum of 4-6 months. Most timelines for the DR I
> have seen are more in the 6-9 month timeframe. My 1st NOA for the K-3 was 1
> aug and it was approved yesterday.
It would appear that I am right behind you for my NOA 1. Yes, I
gather that the wait for the I130 is still at least 6 months. I will
go for the K3 bird in the hand. It just means some more paperwork,
but what is that compared to six to nine months more of separation?
> Second, get the 130s for the children in as soon as possible. Now get this
> little catch in the system. Even in the original K-3 instructions it stated
> that the 130s for children did not need to be submitted at the same time as
> the spouse's. HOWEVER, and here is the catch, when your spouse arrives in
> the US you submit the AOS paperwork. The AOS is based on the approval of
> the 130. So if your wife's AOS comes through, her K-3 is now void because
> she has her residency. Now because her K-3 is void, the K-4s, which are
> based in the K-3, are no longer valid and it is possible for the INS to say
> good-bye to the kids. You are luckily in that Vermont is fairly quick with
> their 130s. So there is still time to get it a fair way through the system
> prior to their arrival.
>
> Jerry
Yes, this was my reading too. I just found a great explanation of the
whole process right on the Dept. of State website. It said exactly
that. With all my experience, I can crank out two more I130s in a
couple of hours! Good luck to you and thank you. Bob.
Nov 22nd 2002, 1:54 pm
#8
Guest
Posts: n/a
Re: I130 approved by Vermont, no K3 yet, here are my concerns
Hope things go well for you Bob. Let me know what happens.
Jerry
Jerry
Nov 23rd 2002, 4:10 am
#9
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I130 approved by Vermont, no K3 yet, here are my concerns
Originally posted by Bob
I have many questions, but first my timeline (I am the USC, spouse is
Dominican):
VSC I130 1st NOA; June 13, 2002
VSC 2nd NOA: November 1, 2002
MSC I129F 1st NOA: August 15, 2002 (I didn't file until 2 months after
I797 issued)
There are two minor children, for whom I have not yet filed I130s.
1) Am I in danger of having my K3 booted now? What REALLY constitutes
approval- when it reaches the embassy?
2) Is it too soon to crank up the big guns and aim at Missouri? It
has only been 97 days. I may be able to go beyond a congressperson,
who I note could not be expected do much more than get a status,
albeit maybe a more detailed one than I could get. (There are no live
people on the phones in Missouri. You have to call the national 800
number and what could they possibly know? They said to write to
Missouri.
3) Should I file the children's I130s now? Is there a danger that my
wife would get a visa and the children would not, at this point?
4) Would it be wise to retain an attorney at this late stage?
5) You may detect an underlying desperation that would not normally be
justified by this timeline. Forgive that, but trust that my concerns
are justified.
A great appreciation for the members of this Newsgroup accompanies
this truckload of questions. Thanks! Bob.
I have many questions, but first my timeline (I am the USC, spouse is
Dominican):
VSC I130 1st NOA; June 13, 2002
VSC 2nd NOA: November 1, 2002
MSC I129F 1st NOA: August 15, 2002 (I didn't file until 2 months after
I797 issued)
There are two minor children, for whom I have not yet filed I130s.
1) Am I in danger of having my K3 booted now? What REALLY constitutes
approval- when it reaches the embassy?
2) Is it too soon to crank up the big guns and aim at Missouri? It
has only been 97 days. I may be able to go beyond a congressperson,
who I note could not be expected do much more than get a status,
albeit maybe a more detailed one than I could get. (There are no live
people on the phones in Missouri. You have to call the national 800
number and what could they possibly know? They said to write to
Missouri.
3) Should I file the children's I130s now? Is there a danger that my
wife would get a visa and the children would not, at this point?
4) Would it be wise to retain an attorney at this late stage?
5) You may detect an underlying desperation that would not normally be
justified by this timeline. Forgive that, but trust that my concerns
are justified.
A great appreciation for the members of this Newsgroup accompanies
this truckload of questions. Thanks! Bob.
You didn't file an I-130 for the kids earlier and that was YOUR mistake and NOW you are concerned about the kids. Yes, you did take actions to get your wife here before the children.
Yes, the I-130 may very well kill the K-3. However, the K-3 was designed to provide an alternative IF the I-130 was delayed. It wasn't and now you have a problem due to your own actions.
INS can and does screw up often -- but you've got to take some responsibilty too.
I would try the published humanitarian expedite process -- but I don't think it will work because INS thinks that your own dealy doesn't cause a humanitarian problem.
Nov 23rd 2002, 5:54 pm
#10
Guest
Posts: n/a
Re: I130 approved by Vermont, no K3 yet, here are my concerns
Folinskyinla wrote in message news:...
> Originally posted by Bob
> > I have many questions, but first my timeline (I am the USC, spouse is
> > Dominican):
> >
> > VSC I130 1st NOA; June 13, 2002
> > VSC 2nd NOA: November 1, 2002
> >
> > MSC I129F 1st NOA: August 15, 2002 (I didn't file until 2 months after
> > I797 issued)
> >
> > There are two minor children, for whom I have not yet filed I130s.
> >
> > 1) Am I in danger of having my K3 booted now? What REALLY constitutes
> > approval- when it reaches the embassy?
> >
> > 2) Is it too soon to crank up the big guns and aim at Missouri? It
> > has only been 97 days. I may be able to go beyond a congressperson,
> > who I note could not be expected do much more than get a status,
> > albeit maybe a more detailed one than I could get. (There are no live
> > people on the phones in Missouri. You have to call the national 800
> > number and what could they possibly know? They said to write to
> > Missouri.
> >
> > 3) Should I file the children's I130s now? Is there a danger that my
> > wife would get a visa and the children would not, at this point?
> >
> > 4) Would it be wise to retain an attorney at this late stage?
> >
> > 5) You may detect an underlying desperation that would not normally be
> > justified by this timeline. Forgive that, but trust that my concerns
> > are justified.
> >
> > A great appreciation for the members of this Newsgroup accompanies
> > this truckload of questions. Thanks! Bob.
>
> Bob:
>
> You didn't file an I-130 for the kids earlier and that was YOUR mistake
> and NOW you are concerned about the kids. Yes, you did take actions to
> get your wife here before the children.
>
> Yes, the I-130 may very well kill the K-3. However, the K-3 was
> designed to provide an alternative IF the I-130 was delayed. It wasn't
> and now you have a problem due to your own actions.
>
> INS can and does screw up often -- but you've got to take some
> responsibilty too.
>
> I would try the published humanitarian expedite process -- but I don't
> think it will work because INS thinks that your own dealy doesn't cause
> a humanitarian problem.
I once fired a lawyer for talking to me that way :-). Actually, there
is plenty of time and so far it is not an "error" with any
consequences. This was not a search for culpability for anything at
all. I was merely asking questions. I am totally puzzled by your first
paragraph. But thanks, I think.
> Originally posted by Bob
> > I have many questions, but first my timeline (I am the USC, spouse is
> > Dominican):
> >
> > VSC I130 1st NOA; June 13, 2002
> > VSC 2nd NOA: November 1, 2002
> >
> > MSC I129F 1st NOA: August 15, 2002 (I didn't file until 2 months after
> > I797 issued)
> >
> > There are two minor children, for whom I have not yet filed I130s.
> >
> > 1) Am I in danger of having my K3 booted now? What REALLY constitutes
> > approval- when it reaches the embassy?
> >
> > 2) Is it too soon to crank up the big guns and aim at Missouri? It
> > has only been 97 days. I may be able to go beyond a congressperson,
> > who I note could not be expected do much more than get a status,
> > albeit maybe a more detailed one than I could get. (There are no live
> > people on the phones in Missouri. You have to call the national 800
> > number and what could they possibly know? They said to write to
> > Missouri.
> >
> > 3) Should I file the children's I130s now? Is there a danger that my
> > wife would get a visa and the children would not, at this point?
> >
> > 4) Would it be wise to retain an attorney at this late stage?
> >
> > 5) You may detect an underlying desperation that would not normally be
> > justified by this timeline. Forgive that, but trust that my concerns
> > are justified.
> >
> > A great appreciation for the members of this Newsgroup accompanies
> > this truckload of questions. Thanks! Bob.
>
> Bob:
>
> You didn't file an I-130 for the kids earlier and that was YOUR mistake
> and NOW you are concerned about the kids. Yes, you did take actions to
> get your wife here before the children.
>
> Yes, the I-130 may very well kill the K-3. However, the K-3 was
> designed to provide an alternative IF the I-130 was delayed. It wasn't
> and now you have a problem due to your own actions.
>
> INS can and does screw up often -- but you've got to take some
> responsibilty too.
>
> I would try the published humanitarian expedite process -- but I don't
> think it will work because INS thinks that your own dealy doesn't cause
> a humanitarian problem.
I once fired a lawyer for talking to me that way :-). Actually, there
is plenty of time and so far it is not an "error" with any
consequences. This was not a search for culpability for anything at
all. I was merely asking questions. I am totally puzzled by your first
paragraph. But thanks, I think.
