David Wolf

I have submitted an I-130 for my wife (Canadian), and it has been approved
by the INS. The NVC has sent me the ds 3032 and I-864 (AOS), which I have
returned. However, I'd like to be able to move to the US by August--and am
worried that the NVC will be slower than I'd like in this. In other words,
August may come and go before we are ready to go to the interview in
Montreal.

So, I thought about going the K-3 visa route: however, I've been told by the
INS that we may not be eligible for the visa as her I-130 has already been
approved. So, my question is, is it a waste a money to file the I-129F? or,
should I go ahead and do that? Will the K-3 visa be granted in the case
where we're simply waiting on forms to be mailed back and forth between the
NVC and Canada?

Thanks!

David

[email protected]

remove nospamplease for correct e-mail address.

claudia13839

David,

You CANNOT file for a K3, after a I-130 approval. It would be a waste of time and money. As a matter of fact, as soon as the I-130 is approved, the I-129f is invalid.

~Claudia

beershake

David,

I was glad you asked this question, as I was wondering the exact same thing. It seems like we are in a VERY similar situation. We also filed the I-130 (only) and we're waiting for an interview date at Montreal. But the NVC really is moving slowly, and we'd like to move back to the U.S. latest by June.

Please keep the newsgroup posted about developments. Here is my timeline so far: Hope it will give you an idea about how long you have left :

Mailed I-130 to NSC: March 9, 2002
1st NOA date: March 21, 2002
I-130 approved: Sept 6, 2002
DS3032 received: Oct 7, 2002
DS3032 sent : Oct 8, 2002
Received I-864: Oct 15, 2002
Sent out I-864: Oct 24, 2002
Fee Bill ($335) received: Nov 10, 2002
Sent Fee bill: Nov 21, 2002
Received Packet 3: Dec 23, 2002
Mailed Packet 3: Dec 26, 2002
Received Document Request: Jan 30, 2003
Mailed Requested document: Feb 22, 2003
Waiting to get interview letter.

shepslady

David we are already into the 7th month of our I-130 application & approval doesnt look anywhere close so I guess you should feel lucky to have gotten this far so hang in there & the I-130 really is the best way to go if its been approved.
Cheers
Shepslady

David Wolf

I actually screwed up in filing the DS3032. I sent it to St. Louis rather
than the (correct) Portsmouth location. Hopefully it wont slow things up TOO
much, but, I guess we'll see.. I'm also sending in an addendum to my AOS to
show some more assets (as, again, I messed up and didn't notice that the
125% poverty level I used was the 2001 (vs. the 2002). OOPS!) Hopefully my
two screw-ups wont cause a big problem. It serves me right though: I did it
in a big rush, and wasn't as thorough as I normally am with these forms.

I assume Packet #2 was only the $335 fee for the visa? Can you tell me what
type of information you needed to provide to the NVC from Packet #3? Is
there anything that I need to provide that will take time to get--and that I
could start collecting now, before I receive Packet #3? Also, what "Document
Request" did you receive? Anything that could be done before hand to speed
up the process?

I'd also love to know how back-logged Montreal is from the time that you
submit the final piece of paper to the NVC is--please let me know when you
hear about the interview.

Thanks!

David

CoffeeMate

[QUOTE]Originally posted by David Wolf
I have submitted an I-130 for my wife (Canadian), and it has been approved
by the INS. The NVC has sent me the ds 3032 and I-864 (AOS), which I have
returned.


Unless things have changed in the last year you can. Our I-130 was approved and we still went with a K-3. I too sent in the I-864 and such, and the NVC told us if we wanted to continue with the K-3 then dont send anything more for the immigrant visa. They told me that when my wife(from Canada) got the packet to just keep it and not send it in. We did and the K-3 went through and my wife has been here since July and since has filed for AOS with no problems. Like I said, I dont know if things have changed or not.

beershake

David,

It seems like you haven't received the Fee Bill yet. First you will receive that, and pay 335$$. Then, they will send you packet 3. You need (your wife will need):
Birth certificate
Police certificate from all countried she's lived since 16. (for over 6 months)
Divorce certificate
Photocopy of biographic info page on passport
Marriage certificiate
Proof of status in Canada (if not CANADIAN CITIZEN)

All these have to be either originals or certified copies, except for the passport pages, which have to be only a photocopy. You can start collecting the police clearances, and get a certified copy of your marriage license and birth certificate. If you get all these ready, it shouldn't take you long to complete Packet 3. I had prepared everything in a folder so we were able to turn it around in 2 days. You also need to fill out DS-230 PART I AND DS-230 PART II, which you can dowload online and start filling out.

The document request I got was for my birth certificate. I'm from Turkey and that's why they didn't really understand my birth certificate (even though I did send a translation). The format is very different so they didn't accept it. Anyway, I sent them additional info about my birth and some records that show the birth registration records- I'm hoping that will satisfy them. I'll keep you posted on my developments, and you do the same please!!

Phil Longstaff

beershake wrote in message news:...
    > Mailed I-130 to NSC: March 9, 2002
    > 1st NOA date: March 21, 2002
    > I-130 approved: Sept 6, 2002
    > DS3032 received: Oct 7, 2002
    > DS3032 sent : Oct 8, 2002
    > Received I-864: Oct 15, 2002
    > Sent out I-864: Oct 24, 2002
    > Fee Bill ($335) received: Nov 10, 2002
    > Sent Fee bill: Nov 21, 2002
    > Received Packet 3: Dec 23, 2002
    > Mailed Packet 3: Dec 26, 2002
    > Received Document Request: Jan 30, 2003
    > Mailed Requested document: Feb 22, 2003
    > Waiting to get interview letter.

My timeline (I'm the beneficiary), for comparison:

Mailed I-130 to NSC: April 7, 2002
1st NOA date: April 18, 2002
I-130 approved: August 26, 2002
Sent I-864/fee/packet 3: Oct 30, 2002
Package received by NVC: Dec 2, 2002
Received document request: Dec 13, 2002
Replied to request: Dec 17, 2002
NVC received document: Jan 7, 2003
NVC approval: Jan 16, 2003
Interview: Mar 18, 2003

My wife and I used a lawyer, so the order of documents being sent
differs from yours. One good piece of news is that although the NVC
says 6-8 weeks to process the I-864 after it's received from St.
Louis, it was only 2 weeks. If your timing matches mine, then you
might look for an interview in May.

My experience with using a lawyer is that it just slowed down the
process and didn't provide any real benefit. I drove my I-864 package
to her office at the beginning of October, and 3 weeks later, got a
call that some info was missing. Even after that was supplied, the
NVC still requested a document (proof of assets listed on the I-864)
which the lawyer missed. We only used the lawyer because that company
that I will be working for suggested it would make the process easier.

Phil

David Wolf

Quick question: for the police certificate, I'm being told we need to get
her fingerprints taken in Calgary at the local police office, then mail them
into the RCMP in Ottawa for a criminal records search. Is this what you did?
or, is a local police search good enough?

David

beershake

I didn't do fingerprints. I just went to the nearest RCMP office and applied for a police clearance. It took about 5-6 days to get it. Tell them that it's for a U.S. immigrant visa, and they know what to do.
BUT, if your wife has a criminal record, then i think you have to do fingerprints.

P.S. By the way, my husband was getting anxious to move back to the U.S. and so I called Montreal the other day to ask them. Apparently he can move back any time he wants. It's the foreign person that has to wait for the visa. So, you don't have to wait in Canada with her. As long as she has valid status in CANADA (which, i think you mentioned that she was a citizen), you don't have to wait with her. But I am guessing that you do need to be present for the interview. (In our case, he needs to stay here and keep working, because my status in Canada depends on his job)

I suggest you call Montreal and ask..Their number is

514 398 9695 ext. 3833 call between 2-4.30 p.m.

They only take immigrant visa questions between those times.
Good luck.

Richard Sun

That's not exactly always the case, our I-130 was approved before we
had the interview for the K-3 visa, but when we asked the consulate
about it, they said that they didn't have any record, so their
suggestion was just to continue with the K-3 process, etc.

Here's our current time line:

http://www.richsun.com/20020227.html