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New to this - we need some help and advice.

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Old Nov 12th 2004, 12:55 am
  #16  
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Default Re: New to this - we need some help and advice.

Originally Posted by marctaff
My concern is changing address during the process.
This is a valid concern - USCIS is easily confused, so a single address would be best.


Could I use my work address for them to post all my stuff to or does it have to be a personal address?
As long as you're consistent, it doesn't much matter to USCIS - although you probably want to avoid a "care of (c/o)" thingy in the address. You can also use a Post Office box, which may be more private than having your mail sorted and leered over at your job.

Ian
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Old Nov 12th 2004, 1:32 am
  #17  
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Default Re: New to this - we need some help and advice.

Originally Posted by ian-mstm
This is a valid concern - USCIS is easily confused, so a single address would be best.



As long as you're consistent, it doesn't much matter to USCIS - although you probably want to avoid a "care of (c/o)" thingy in the address. You can also use a Post Office box, which may be more private than having your mail sorted and leered over at your job.

Ian

What you would have to be worrying about receiving in the UK is the packet from the embassy whether it's a K3 or 130 approved one for CP , and then the subsequent interview letter from them.
I would reiterate that you want to go ahead and get the police certificate in the works.
The K3 visa does have an interim period, before you have to activate it. The downside of the K3 is the whole EAD process. That currently seems to be taking about six months to get, your personal financial position would need to be factored into that. Forewarned is forearmed!!!
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Old Nov 12th 2004, 3:06 am
  #18  
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Default Re: New to this - we need some help and advice.

marc,

An approved I-130 petition allows an alien (spouse in your case) to apply for an immigrant visa. An immigrant visa gives the alien LPR status on entry to the USA.

An approved I-129f petition allows an alien (spouse of fiance(e)) to apply for a K non-immigrant visa. After entry on a K visa, a fiance(e) (K1) must apply for adjustment of status to become a LPR. A spouse (K3) has the choice of either applying for adjustment like a K1 or, after the I-130 is approved, applying for an immigrant visa.

An approved petition will go from the USCIS location that approved it to the National Visa Center (NVC) and from there to the appropriate consualte overseas. An I-129f petition will pass through rather quickly - typically a week or two - and the alien will submit their K-visa application to the consulate.

An approved I-130 petition will spend several months at the NVC and the alien (or the alien's agent) will submit the immigrant-visa application to the NVC. The USC petitioners affidavit of support will also be submitted to the NVC. Only after these materials have been processed will the case be sent to the consuate overseas. For this reason, an alien spouse with an approved I-130 petition may find themselves in the confusing position of having a subsequently approved I-129f petition pass through to the consulate while the previously approved I-130 is stil at the NVC.

In all cases, the alien visa applicant will be required to attend an interview at the consulate after which, hopefully, a visa will be issued.

Regards, JEff

Originally Posted by marctaff
OK, I guess this is where my confussion lies. This may be an obvious question but what does the I-130 give you and let you do? If what you said happens do the I-129 steps for the K3 become redundant and is it easy to switch?
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Old Nov 12th 2004, 4:14 am
  #19  
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Default Re: New to this - we need some help and advice.

Originally Posted by marctaff
Once I have that I can apply for EAD, SSN etc. (although I think I read I can do that in parallel?).
As a K3 holder, you do not have to apply for AOS right away. If you want to work you will need to apply for that right away. AFTER you get your EAD, you can then apply for your SSN. Unfortunately, a K3er is not entitled to an SSN right away - SSA rules.

1. I-130 filed by Taffy in US to local CIS
Do not forget the necessary documentation that goes with it.
2. CIS issues acknowledgment of receipt (I-130 NOA1? are there official number for these NOA's?)
The form she will get acknowledging the receipt of the I-130 is called an I-797. She HAS to wait to receive this before going any further in the K3 process.
3. I-129F and G-325A by Taffy to Chicago (incl G-325A for me)
For the I-129f, the G-325a is supporting documentation and required of both of you for the application. Include a copy of the I-797 for the I-130 with the I-129f.
4. Forms from Chicago INS to NBC Missouri
Not sure what you mean by this statement. Taffy will send the I-129f application to the Chicago address. This is then picked up the NBC staff where the I-129f is processed.
5. I-129F NOA1 to Taffy from NBC
Yes. This is the next step.
6. Document gathering (incl I-134/I-864) then she sends to me here in UK
She does not need to worry about the I-134 until the I-129f has been approved. She can make sure she has the docs for it, but does not need to sign & notarize until then. Sending you the I-134 can occur after Step 7.
6. I-129F from NBC to NVC then to UK Embassy, NOA2 to me in UK?
She will receive the I-797 Approval Notice for the I-129f. The NBC sends the approved I-129f to the NVC, who forwards it to London.
7. Is this correct so far, where do 'packets' fit in and where is the interview etc etc. Getting lost now!
London will then send you Packet 3. Packet 3 has some forms for you to fill out, and will need some supporting docs as well. Closer to the time you think your I-129 will be approved (you can guesstimate this using the USCIS published processing dates on their website) you should apply for your UK Police Certificate, and Taffy can go ahead and send you the I-134 as well. Once you have gathered docs and filled out the forms you then return the forms (not the supporting evidence) back to London. They will then send you 'Packet 4' which is a letter stating your interview date, where the medical exam is, and how to pay for your visa.

Is this all clear as mud now?

Good luck and best wishes!

Cheers,
Jamie
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