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K3 visa questions. please help...

K3 visa questions. please help...

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Old Jan 6th 2004, 10:44 pm
  #1  
C&G
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Default K3 visa questions. please help...

Hello everybody and thanks for taking the time to read this...

I need some advice and I believe this is the perfect forum for it. I am
planning to marry my girlfriend next month. I am a US citizen (living in the
US) and she is peruvian (living in Peru with no visa of any kind so far), to
complicate things a little bit we just recently learned that she is one
month pregnant. We are really very much in love and our first goal is to be
together here in the US.

Now my questions are:
1) what is the best and maybe faster way for her to join me here in the US?
.I did some research and I believe i have to send an I-130 to Vermont. Wait
for their letter back and send that along the 129F to Chicago and wait for
them to send the documentation to the US Embassy in Lima, Peru. Is that
right? Is that the best and fastest way?

2) Is the right of the spouse to get a K3 -visa at the embassy or the
embassy can still deny this visa? As I understand the family reunification
laws protects the family but I'm not sure how is this law being applied at
local embassies around the world. I know that it is very hard to get any
kind of visas for US at the embassy in Peru (mostly after 9/11 and because
many people from these latin-american countries are considered to be a
high-risk of breaking their allowed time in the US).

3) I am lucky to fall under the Vermont Service Center umbrella, as they are
the fastest approving the paperwork, but how fast is the Chicago center?.
Does anyone have an idea of how long does the process takes over there?

That's it for now...
Thanks in advance for your responses.
Chris





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Old Jan 6th 2004, 11:26 pm
  #2  
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Default Re: K3 visa questions. please help...

Chris,

If your primary objective is to get your fiancee to the US in the least amount of time, you will probably best accomplish it by filing an I-129f petition for fiance(e) with the VSC, after approval of which she will apply for a K1 visa, and you get married in the US after she arrives.

1) You've got some of the basics right, but you are missing a few things. Look at the processing times for the I-129f at the VSC and at the NBC (it's in Missouri but has a Chicago postal address), create yourself 2 hypothetical timelines that include the other steps you have to go through to submit the petitions to both places, and see for yourself which approach you think might be the quickest.
2) A consular post can - must - deny a visa if the applicant does not meet all of the qualifications for both the visa and for admittance to the USA. Nobody has a "right" to a visa.
3) The processing times for the service centers (and other CIS offices) are available on the USCIS web site - easy to find.

Regards, JEff

Originally posted by C&G
Hello everybody and thanks for taking the time to read this...

I need some advice and I believe this is the perfect forum for it. I am
planning to marry my girlfriend next month. I am a US citizen (living in the
US) and she is peruvian (living in Peru with no visa of any kind so far), to
complicate things a little bit we just recently learned that she is one
month pregnant. We are really very much in love and our first goal is to be
together here in the US.

Now my questions are:
1) what is the best and maybe faster way for her to join me here in the US?
.I did some research and I believe i have to send an I-130 to Vermont. Wait
for their letter back and send that along the 129F to Chicago and wait for
them to send the documentation to the US Embassy in Lima, Peru. Is that
right? Is that the best and fastest way?

2) Is the right of the spouse to get a K3 -visa at the embassy or the
embassy can still deny this visa? As I understand the family reunification
laws protects the family but I'm not sure how is this law being applied at
local embassies around the world. I know that it is very hard to get any
kind of visas for US at the embassy in Peru (mostly after 9/11 and because
many people from these latin-american countries are considered to be a
high-risk of breaking their allowed time in the US).

3) I am lucky to fall under the Vermont Service Center umbrella, as they are
the fastest approving the paperwork, but how fast is the Chicago center?.
Does anyone have an idea of how long does the process takes over there?

That's it for now...
Thanks in advance for your responses.
Chris





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Old Jan 7th 2004, 1:40 am
  #3  
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Default Re: K3 visa questions. please help...

[QUOTE]Originally posted by C&G
Hello everybody and thanks for taking the time to read this...

Hi Chris,

Since you are one of the lucky to be in the Vermont Service Center location, the K-1 Visa (Fiance) might be faster for you. I would research the timelines though to be sure. It looks like Vermont is processing the I129-f (Fiance) petitions within about 2 months timeframe. After that, it will take sometime to get through NVS and then the embassy, but shouldn't be more than 30 -45 days (granted, that's if everything goes well and you have no problems, like RFE's or anything else).

My Fiance is also from Peru and we unfortunately had to go through Texas, so we are still waiting. I went to visit him in October and while we were in Lima I went to the Embassy and asked if they could go ahead and give me packet 3. They were very nice and didn't have a problem with this. (I showed them my NOA1 reciept and my copy of the I129f petition)

So he has been working on getting everything prepared for the interview and Packet 3 forms ready ahead of time. I hope this saves us some time in the end. Right now he is having a problem getting a police certificate from Equador (where he lived for 9 years). He's actually on a VERYYYY long bus trip (3 days) to Ecuador right now to go in person to get the Police Cert. He's been trying to get it now for over 2 months!

Anyway, I can understand your delima with her being pregnant and I hope it works out well. Just research this site thoroughly and you can figure out the fastest (best) way to do it. Where in Peru is she from?

Good luck and Muchos Saludos.

Angela
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Old Jan 7th 2004, 2:00 am
  #4  
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Default Re: K3 visa questions. please help...

Oh, one thing I just thought of...you really do have a time crunch here as I think (anyone correct me if I'm wrong) but some airlines have restrictions on Pregnant women flying after a certain time. I think maybe it's after the 2nd trimester, but I'm not sure.

Angela
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Old Jan 7th 2004, 2:33 am
  #5  
C&G
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Default Re: K3 visa questions. please help...

- Excellent point. I did try to learn a lot about that also. My main concern
is that the US Embassy in Lima, Peru, is not giving those very easily. Well,
let me clarify that, I have no first hand knowledge of that happening. The
truth is that my gfriend has been told by some friends that the Embassy is
giving trouble to all K1 applicants. I guess I have no way of really knowing
until I tried that first. I am planning to call the Citizen Services at the
Embassy and maybe inquiry about that but I am not sure they will be able to
give a truthful answer. I even think that the Citizen Services and the Visa
are two different and probably not in contact sections inside the
embassy...But any findings I will post for everyone to read..

- Now from that comes these questions:

1) What happens if I try that first and fails. Do i have to start from zero
by getting married and redoing the whole paperwork starting with the I-130?
Will it make things more difficult? Does anyone have a prior experience at
this or any other embassies?

2) What if I apply for the I-129F first and while that is being processed (2
months in Vermont), we get married and I send the I-130? What happens then?
Anyone with a similar experience?

Thanks for your response. I truly appreciate all the help.
Chris

"jeffreyhy" <member184@british_expats.com> wrote in message
news:[email protected]...
    > Chris,
    > If your primary objective is to get your fiancee to the US in the least
    > amount of time, you will probably best accomplish it by filing an I-129f
    > petition for fiance(e) with the VSC, after approval of which she will
    > apply for a K1 visa, and you get married in the US after she arrives.
    > 1) You've got some of the basics right, but you are missing a few
    > things. Look at the processing times for the I-129f at the VSC and
    > at the NBC (it's in Missouri but has a Chicago postal address),
    > create yourself 2 hypothetical timelines that include the other steps
    > you have to go through to submit the petitions to both places, and
    > see for yourself which approach you think might be the quickest.
    > 2) A consular post can - must - deny a visa if the applicant does not
    > meet all of the qualifications for both the visa and for admittance
    > to the USA. Nobody has a "right" to a visa.
    > 3) The processing times for the service centers (and other CIS offices)
    > are available on the USCIS web site - easy to find.
    > Regards, JEff
    > Originally posted by C&G
    > > Hello everybody and thanks for taking the time to read this...
    > >
    > > I need some advice and I believe this is the perfect forum for
    > > it. I am
    > > planning to marry my girlfriend next month. I am a US citizen
    > > (living in the
    > > US) and she is peruvian (living in Peru with no visa of any kind so
    > > far), to
    > > complicate things a little bit we just recently learned that
    > > she is one
    > > month pregnant. We are really very much in love and our first goal
    > > is to be
    > > together here in the US.
    > >
    > > Now my questions are:
    > > 1) what is the best and maybe faster way for her to join me here in
    > > the US?
    > > .I did some research and I believe i have to send an I-130 to
    > > Vermont. Wait
    > > for their letter back and send that along the 129F to Chicago and
    > > wait for
    > > them to send the documentation to the US Embassy in Lima, Peru. Is
    > > that
    > > right? Is that the best and fastest way?
    > >
    > > 2) Is the right of the spouse to get a K3 -visa at the embassy or the
    > > embassy can still deny this visa? As I understand the family
    > > reunification
    > > laws protects the family but I'm not sure how is this law being
    > > applied at
    > > local embassies around the world. I know that it is very hard
    > > to get any
    > > kind of visas for US at the embassy in Peru (mostly after 9/11
    > > and because
    > > many people from these latin-american countries are considered to be a
    > > high-risk of breaking their allowed time in the US).
    > >
    > > 3) I am lucky to fall under the Vermont Service Center umbrella, as
    > > they are
    > > the fastest approving the paperwork, but how fast is the Chicago
    > > center?.
    > > Does anyone have an idea of how long does the process takes
    > > over there?
    > >
    > > That's it for now...
    > > Thanks in advance for your responses.
    > > Chris
    > >
    > >
    > >
    > >
    > >
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    > > News==----
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    > > Newsgroup Service in the World! >100,000 Newsgroups
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    > Encryption =---
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befriend us, so we can't be 100% sure about everything we read there. (Dave
Barry)
    > Posted via http://britishexpats.com




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Old Jan 7th 2004, 3:24 am
  #6  
C&G
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Posts: n/a
Default Re: K3 visa questions. please help...

Yes you are right, I knew about that restriction and that really makes
things worse. You won't be allowed to board a plane. I think at some point I
will have to start checking prices for cruises and trains\buses...Oh well!!!

- We might also go by Texas, being that is one state where you can have a
proxy-marriage take place. Getting marry in Peru is impossible, the list of
requirements is endless...I don't want to imagine what will be needed for
the interview...Although we might end up getting married there also, mostly
for sentimental reasons...After all, she has the right for a nice ceremony.

- Any help or advice related to your Texas experience will be greatly
appreciated. Did you have any problems with the affidavit? How did you find
a person to help you as the proxy at the ceremony? Any special documentation
out of the ordinary? Any problems from Immigration? Did you have to travel
to Peru to consumate the marriage before sending the documents?

Thanks for your help
Chris


"WiAnSiempre" <member18979@british_expats.com> wrote in message
news:[email protected]...
    > Oh, one thing I just thought of...you really do have a time crunch here
    > as I think (anyone correct me if I'm wrong) but some airlines have
    > restrictions on Pregnant women flying after a certain time. I think
    > maybe it's after the 2nd trimester, but I'm not sure.
    > Angela
    > --
    > Angela (Georgia) &amp; William (Peru)
    > Posted via http://britishexpats.com




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Old Jan 7th 2004, 3:29 am
  #7  
C&G
Guest
 
Posts: n/a
Default Re: K3 visa questions. please help...

Sorry WiAnSiempre,
I didn't understand your post the first time I read it.
I thought that by Texas you meant a proxy marriage instead of the Service
Center.

So you're trying a fiance K1 Visa. Good Luck. I hope everything in Peru goes
wellwhen the papers get there...
Chris

"WiAnSiempre" <member18979@british_expats.com> wrote in message
news:[email protected]...
    > Oh, one thing I just thought of...you really do have a time crunch here
    > as I think (anyone correct me if I'm wrong) but some airlines have
    > restrictions on Pregnant women flying after a certain time. I think
    > maybe it's after the 2nd trimester, but I'm not sure.
    > Angela
    > --
    > Angela (Georgia) &amp; William (Peru)
    > Posted via http://britishexpats.com




----== Posted via Newsfeed.Com - Unlimited-Uncensored-Secure Usenet News==----
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Old Jan 7th 2004, 4:46 am
  #8  
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Default Re: K3 visa questions. please help...

Chris,

I don't have the slightest idea what you're talking about. Eliminatate "this" and "that" from your vocabulary and use nouns instead of pronouns.

1) If you try what and it fails?

2) Why in the world would you file an I-129f for fiancee with the VSC and then get married while waiting for it to be processed? And, as it happens, I did exactly this but at the NSC, when the processing time went from 4-1/2 months to 8 months. Shortly after my wedding the processing time dropped back to under 7 months, my I-129f was approved after I asked to withdraw it, and I'm still waiting on my I-129f for spouse at the NBC. My advice learn from my experience and don't do such a thing.

Regards, JEff

Originally posted by C&G
- Excellent point. I did try to learn a lot about that also. My main concern
is that the US Embassy in Lima, Peru, is not giving those very easily. Well,
let me clarify that, I have no first hand knowledge of that happening. The
truth is that my gfriend has been told by some friends that the Embassy is
giving trouble to all K1 applicants. I guess I have no way of really knowing
until I tried that first. I am planning to call the Citizen Services at the
Embassy and maybe inquiry about that but I am not sure they will be able to
give a truthful answer. I even think that the Citizen Services and the Visa
are two different and probably not in contact sections inside the
embassy...But any findings I will post for everyone to read..

- Now from that comes these questions:

1) What happens if I try that first and fails. Do i have to start from zero
by getting married and redoing the whole paperwork starting with the I-130?
Will it make things more difficult? Does anyone have a prior experience at
this or any other embassies?

2) What if I apply for the I-129F first and while that is being processed (2
months in Vermont), we get married and I send the I-130? What happens then?
Anyone with a similar experience?

Thanks for your response. I truly appreciate all the help.
Chris

"jeffreyhy" <member184@british_expats.com> wrote in message
news:[email protected]...
    > Chris,
    > If your primary objective is to get your fiancee to the US in the least
    > amount of time, you will probably best accomplish it by filing an I-129f
    > petition for fiance(e) with the VSC, after approval of which she will
    > apply for a K1 visa, and you get married in the US after she arrives.
    > 1) You've got some of the basics right, but you are missing a few
    > things. Look at the processing times for the I-129f at the VSC and
    > at the NBC (it's in Missouri but has a Chicago postal address),
    > create yourself 2 hypothetical timelines that include the other steps
    > you have to go through to submit the petitions to both places, and
    > see for yourself which approach you think might be the quickest.
    > 2) A consular post can - must - deny a visa if the applicant does not
    > meet all of the qualifications for both the visa and for admittance
    > to the USA. Nobody has a "right" to a visa.
    > 3) The processing times for the service centers (and other CIS offices)
    > are available on the USCIS web site - easy to find.
    > Regards, JEff
    > Originally posted by C&G
    > > Hello everybody and thanks for taking the time to read this...
    > >
    > > I need some advice and I believe this is the perfect forum for
    > > it. I am
    > > planning to marry my girlfriend next month. I am a US citizen
    > > (living in the
    > > US) and she is peruvian (living in Peru with no visa of any kind so
    > > far), to
    > > complicate things a little bit we just recently learned that
    > > she is one
    > > month pregnant. We are really very much in love and our first goal
    > > is to be
    > > together here in the US.
    > >
    > > Now my questions are:
    > > 1) what is the best and maybe faster way for her to join me here in
    > > the US?
    > > .I did some research and I believe i have to send an I-130 to
    > > Vermont. Wait
    > > for their letter back and send that along the 129F to Chicago and
    > > wait for
    > > them to send the documentation to the US Embassy in Lima, Peru. Is
    > > that
    > > right? Is that the best and fastest way?
    > >
    > > 2) Is the right of the spouse to get a K3 -visa at the embassy or the
    > > embassy can still deny this visa? As I understand the family
    > > reunification
    > > laws protects the family but I'm not sure how is this law being
    > > applied at
    > > local embassies around the world. I know that it is very hard
    > > to get any
    > > kind of visas for US at the embassy in Peru (mostly after 9/11
    > > and because
    > > many people from these latin-american countries are considered to be a
    > > high-risk of breaking their allowed time in the US).
    > >
    > > 3) I am lucky to fall under the Vermont Service Center umbrella, as
    > > they are
    > > the fastest approving the paperwork, but how fast is the Chicago
    > > center?.
    > > Does anyone have an idea of how long does the process takes
    > > over there?
    > >
    > > That's it for now...
    > > Thanks in advance for your responses.
    > > Chris
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Old Jan 7th 2004, 11:32 am
  #9  
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Location: Atlanta, Georgia
Posts: 192
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Default Re: K3 visa questions. please help...

1) What happens if I try that first and fails. Do i have to start from zero
by getting married and redoing the whole paperwork starting with the I-130?
Will it make things more difficult? Does anyone have a prior experience at
this or any other embassies?

2) What if I apply for the I-129F first and while that is being processed (2
months in Vermont), we get married and I send the I-130? What happens then?
Anyone with a similar experience?

Thanks for your response. I truly appreciate all the help.
Chris

Hi Chris,

That is the first I've heard that the Embassy is giving problems to K-1 applicants. From the few (there are not very many of us from Peru) couples I have run across here and on other news groups, they have had no problems with the interview and receiving the K-1 visa. As long as you and your fiance have all the paperwork and you can show you can support her over here (with the Affidavit of Support), you shouldn't have any problems.

As for your other question, if you file the K-1 petition, I would take Jeffery's advice and NOT decide to get married later and file a k-3. I think this would just delay you even more.

I know that it is difficult to get married in Peru. You have to have 2 ceremonies, one at the courts and another at a church and lots of paperwork. That is why I chose the K-1 route. At least with that I could go ahead and get started with the process instead of having to plan a marraige in Peru first and then starting.

Hope that helps some and good luck,
Angela
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