Buendia

Thank you so much for all of your responses! I'm finding the process confusing, as I'm sure everyone does.

I thought that I needed to file both the I-130 and then the K-3... but it sounds like if I wait and file the I-130 (DCF) after the 6 mos. residency requirement (which will be end of March), then we may just need the I-130. When it gets approved we can go back to the US without a K3?

That would be good news - I'm living here/writing a book on leave from work. We'd like to get back to the US in early May if possible.

jeffreyhy

Buendia,

You are talking about 2 different concepts as if they were 2 versions of the same animal. They are not. An I-130 is a petition. A K3 is a visa.

Before a foreign spouse can apply for a K3 visa the USC spouse needs to file 2 petitions - an I-130 and an I-129f. And they need to have the 2nd of them - the I-129f - approved .

If you have in hand an approved I-130 petition via DCF, why would you want to your spouse to apply for a K3 non-immigrant visa? The approved I-130 qualifies her to apply for an immigrant visa and collect her Green Card as she passes GO at the POE.

Regards, JEff

Buendia

Thank you so much, Jeff, for your help!

I think what we'll do is keep our appt. at the embassy, find out how long it's taking them to process/approve I-130 applications just for our info, and then wait the additional 5 months to apply (according to their requirements).

It sounds like that's a lot less complicated (and probably faster) than filing the I-130 in the US, then the I-129f, then applying for the K3 here in Ireland...

Leslie

Hi Buendia,

If you are one of the lucky few that can do it this way, I think you'll be happy with that choice. I have a friend who was married in India and did DCF there and his process was much quicker than mine, and he did not have to come home without his new bride.

Leslie

Buendia

We definitely do feel lucky to have options. A factor of my work situation mostly... they allowed me to do this leave while I write the book, and send emails begging for my return every week!

I just wish we knew sooner about the 6 month residency requirement for filing here in Ireland. There was nothing on any website about it (not even the US Embassy website). We only found out when we scheduled the appointment and got a packet of info including an I-130 application. It was on this xeroxed insert that listed what we needed to bring with us.

We're keeping the appointment because it's the only way to ask questions of the Embassy officials - they won't take phone calls. Top question: when did my residency start? My flight over to get married here was 9/4, but we didn't get the official Irish residency stamp in my passport until 9/29. And I don't have a PPS number (like SS number) yet.

I'm learning a lot... I know you've all gone through it already... It's good to know there are others having similar experiences.

My friends and family think this process should be very simple (eg - "but you're married; can't he just come to the US automatically?) and don't understand that it isn't at all!