Lynn Cabanski

First of all I’d like to thank everybody on this board who have
guided me through the long confusing process. I just got the
immigrant visa today after two and a half years. I would like to
share my story with everybody who’s holding the K-3 and chooses
to come back to their home country instead of doing the AOS in the
States.

Timelines:
Feb 2002: I-130 filed
March 2002: I-129 filed
July 2002: K-3 issued at the U.S. Embassy, Bangkok, Thailand
December 2002: EAD arrived
Jan 2004: I-130 approved, Affidavit of Support and DS-230 part I sent
to NVC.
Feb 2004: Filed for K-3 and EAD extension as a backup plan
July 2004: Immigrant visa issued at the U.S. Embassy, Bangkok,
Thailand

When the I-130 approval notice came in the mail, I had the choices
between doing the AOS in the States or applying for the immigrant visa
in Bangkok. After researching a bit, the immigrant visa seemed to be
a better choice for us.
1. We live in Houston. Texas Service Center has a huge backlog of
cases while the Embassy in Bangkok has a much lighter load.
2. AOS is like K-3 all over again. You have to file the same set of
forms you did for K-3. Thanks to the Paperwork Reduction Act!
3. I wasn’t sure if I would need to apply for AP every time I
need to travel.
4. My birth certificate is in Thai. Too lazy to find out where to go
get a proper translation.

The Embassy scheduled me for the immigrant visa interview on 7/26/04
but somehow didn’t contact me. It was cheer luck I saw my case
number on their website 13 days before the schedule date. Bought
plane tickets in a hurry. By the way, Last month I had my
fingerprints taken at a police station in Houston and sent them to my
dad. (Same place where people go get their fingerprints taken when
applying for a concealed handgun license.) He applied for the police
clearance on my behalf. Dad tipped the officer 500 baht ($12.50) and
I got my clearance in a week instead of the usual three.

I got off the plane and went to the hospital the next day. Got a few
booster shots and a sealed envelope. Now I have all of the required
documents. I had my husband signed the I-864 Affidavit of Support
again and signed the I-134 (Also called the Affidavit of Support)
because the instruction I got from the embassy was as vague as usual.
I-134 was listed as one of the possible required document, go figure.
The instruction also says you are required to pay $335 non-refundable
fee when you apply for the immigrant visa. This is very confusing
because my husband already paid that bill. I even bought the money
order myself.

So, I went to the Immigrant Visa window with the documents without the
fee slip. It turned out they didn’t need the I-864, I-134, and
the $335 fee (again) for today’s interview. I waited 2 hours
before I was called back to a different window. The officer was
really nice. I was asked exactly 2 questions. Where do you work?
When are you leaving for Houston? Then he told me to pick up the visa
the next day after 3:00 p.m. He didn’t even ask why my husband
wasn’t with me.

Hoorah!

Bobbynettealmero

wow that sounds very interesting...so you think its a lot better to obtain the
immigrant visa in your country than in the states because.....? just wanting
to clarify that. thanks...i'm waiting for my immigrant visa here in Canada and
not sure if I should file this K-3 so I can join my husband while my petition
is pending..... any suggestions?

Hypertweeky

The OP decided to continue the I-130 abroad because TSC is taking their sweet time to adjudicate AOS
When did your husband file the I-130?, what service center are guys dealing with?.
If you want to take the K3 route you will have to file an I-129.. MSC/NBC is very backlog right now.. so depending on where your I-130 is, it might not be worth it.
I need more information to help you out
Take care!

utopiacowboy

Congratulations! Great post - very informative.

Leslie

Agreed. Thanks for taking the time to post.

Rete

The TSC does not adjudicate the AOS. It was the Houston, TX office that would have done that. The TSC had already approved her I-130.

For the second poster, the choice of whether to use the district USCIS office in the US or your US Consulate in your homeland is up to you. Weigh the pros and cons, i.e. time, money to travel, need to obtain sometimes multiple rights to work and travel (EAD and AP), etc. and make an educated decision.

Rete

Redbutterfly

CONGRATULATIONS!!!

Lynn Cabanski

This is the thread owner. Here is the Part 2 of the story.

The next day I went back to the embassy to pick up my passport.
Everybody with immigrant visas (both CR-1 and IR-1), K-1, K-2, K-3,
and K-4 were summoned into a room. A local embassy officer gave an
orientation in Thai. Basically going over what everybody needs to do
once entered the U.S. and making sure everybody understood.
Everything he said, I already knew from reading this web board. The
officer said we could do the naturalization in 5 years. I knew it was
3 in the spousal cases but I thought it wasn't my place to correct
him.

I opened my passport. There it was, immigrant visa. Two pages back,
my K-3 visa now had this stamp in big black block letters, "CANCELLED
WITHOUT PREJUDICE".

As with the K-3, my passport had a huge manila envelope stapled to it.
When I landed in Seattle, I didn't know if I should line up with the
PRs and USCs or with Visitors when passing through the immigration. I
decided to line up with the PRs and USCs. Wrong! It turns out I
wasn't supposed to line up with either group. I was supposed to go to
a special counter for people who need "special processing".

At the counter, an officer took my right index fingerprint, an actual
ink print not electronic print. I was asked to sign my name. Then
another officer endorsed the visa. He explained I could use this visa
as a temp green card for one year. Then he said, "Welcome to the
United States." I swear, I was never greeted before. I had been to
the U.S. many times before, twice on J-1 (exchange student in 1991,
intern in 1995), once each on B-1, F-1, and K-3. But never greeted
quite like this. It might be that Seattle's INS isn't as busy as LA's
so the officers are nicer. Whatever the case may be, it was nice.

When my husband picked me up at the airport I teased him "I already
got my green card. I'll stop being nice to you." But he just smiled
and kissed me.

Here I am back in Houston. Sitting on the kitchen table is the
appointment letter from the Embassy. "You are scheduled for an
immigrant visa interview on 7/26/04 9:00 a.m. at the U.S. embassy
Bangkok." The letter arrived on 7/24 3:00 p.m. Houston time. Had I
not seen my case number on the website myself, I would have about 30
hours to travel 10,000 miles.

CaliforniaBride

Hi Rete

I'm in the position (I think) of making that decision right now. Can you help with letting me know what the deciding factors are? I have posted about and have PM's from others who are as confused as I am. We understand that it is a personal decision but do not have the information on which to make that decision.

Although this is addressed to Rete any help would be much appreciated.

Lynn Cabanski

Me again. This is the final part of the story.

Yesterday I gave Administaff, my employer, a copy of my immigrant visa
with the POE stamp on it. The lady who took care of the work
authorization told me the visa by itself wasn't a sufficient proof of
employment authorization. So, today I had to go to the INS office in
Houston and got what I thought you all call an I-551 stamp on my
passport. This stamp says,

"PROCESSED FOR I-551, TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR
PERMANENT RESIDENCE VALID UNTIL __________ EMPLOYMENT AUTHORIZED."

Now my employer is happy, at least until 7/28/2005, the expiration
date on the stamp.

I want to throw a party when the actual plastic card arrives. It's
been a very long journey.

By the way, it took me 6 months from I-130 approval to visa interview
but it could take a lot less if you hurry. When the I-130 was
approved, I was assigned a case number BNK2004xxxxx5. The people with
serial numbers adjacent to mine, BNK2004xxxxx4 and BNK2004xxxxx6 were
scheduled in April. I assumed they sent back the fee bills and forms
as soon as they got them.

-----------------------------------------
To Rete:

You're absolutely correct. The only real advantage of doing the DCF
is speed. You have to figure the travel cost, the risk (if missing a
document, can't easily come back and get it), the vacation time-off if
working, etc.