Ontario people, how are you doing this?
Dec 2nd 2003, 5:55 am
#16
The Missus
Joined: Sep 2002
Location: Northwest of Chicago
Posts: 6,239
Re: Ontario people, how are you doing this?
Originally posted by Zenas
You people are BRILLIANT!!!! BRILLIANT I tell you!!!!
Update:
I called in, they can do expedited service, (2 weeks) at a Toronto counter only.
Thanks to your ideas, we won't even wait that long.
So, we'll file the I-130 right away with the copy of the marriage licence. Get the NOA1 to file the I-129F.
Then await the certificate by now should only be a couple more days, then file the I-129F with the NOA1 from the K3 and the actual certificate for the I-129F so no RFE.
Yipee!!! You guys are good!!
You people are BRILLIANT!!!! BRILLIANT I tell you!!!!
Update:
I called in, they can do expedited service, (2 weeks) at a Toronto counter only.
Thanks to your ideas, we won't even wait that long.
So, we'll file the I-130 right away with the copy of the marriage licence. Get the NOA1 to file the I-129F.
Then await the certificate by now should only be a couple more days, then file the I-129F with the NOA1 from the K3 and the actual certificate for the I-129F so no RFE.
Yipee!!! You guys are good!!
~SecretGarden
~and Mr. Pink (Waiting on NVC now....)
5/29/03 1st NOA for I129f (K1), NSC
11/25/03 2nd NOA
11/26/03 2nd NOA appears online
12/1/03 received 2nd NOA in the mail
Dec 2nd 2003, 8:31 am
#17
Forum Regular
Thread Starter
Joined: Feb 2003
Posts: 187
Re: Ontario people, how are you doing this?
I see what you are saying however, when you first file the I-130, they send you a NOA, they don't go over the file until someone is looking at your case. Hence, an NOA2 or an RFE. Everyone gets a NOA1 though, long before they get an RFE. There are no RFE's for NOA1's that I know of.
Dec 2nd 2003, 9:51 am
#18
The Missus
Joined: Sep 2002
Location: Northwest of Chicago
Posts: 6,239
Re: Ontario people, how are you doing this?
Hi again,
I've been giving this some more thought. Please bear with me as I attempt to lay out my thoughts. I think you might be missing something.
I understand that in comparison, the I-130 takes eons to process when compared with the I-129f for the K3 visa. So, it would stand to reason that your I-129F for K3 would be approved before the I-130, thereby making the I-130 null and void. The I-130 is a Petition for Immediate Relative, in this case, your "spouse". In order to be eligible to submit this petition for a "spouse", you must be married at the time of filing. If you are not married at the time of filing, you are not eligible to apply, therefore, the NOA you would get on the I-130 is not valid. If the NOA on the I-130 that you are going to use to apply for the I-129F for the K3 is not valid, then your entire process is flawed.
I'm much more familiar with the processes involved for the I129f for K1 (Fiance), so let's use that as an example to help illustrate my point. In order to submit the I-129F for a Fiance, both parties must be legally able to marry at the time of filing. There was a recent case on this board whereby one of the parties had not yet received the final divorce decree, but the lawyer sent the application in anyway, thinking, like you, that by the time it was processed, that document would be available for submission. After waiting for five months, instead of simply getting an RFE for the document, this case was denied, on the basis that one of the parties was not eligible to apply at time of submission, as he was still married. (Do a search on the NG for "cutenurse").
I'm not sure if my thinking is accurate on this, but you may want to consult someone experienced in these matters before going through with the plan the way you describe. Good luck!
~SecretGarden
~and Mr. Pink (waiting on NVC)
5/29/03 1st NOA
11/25/03 2nd NOA
11/26/03 2nd NOA appears online
12/1/03 2nd NOA arrives in the mail
P.S. There have been some recent threads about some I-130s being approved before the K3........a fluke, but something else to consider?
I've been giving this some more thought. Please bear with me as I attempt to lay out my thoughts. I think you might be missing something.
I understand that in comparison, the I-130 takes eons to process when compared with the I-129f for the K3 visa. So, it would stand to reason that your I-129F for K3 would be approved before the I-130, thereby making the I-130 null and void. The I-130 is a Petition for Immediate Relative, in this case, your "spouse". In order to be eligible to submit this petition for a "spouse", you must be married at the time of filing. If you are not married at the time of filing, you are not eligible to apply, therefore, the NOA you would get on the I-130 is not valid. If the NOA on the I-130 that you are going to use to apply for the I-129F for the K3 is not valid, then your entire process is flawed.
I'm much more familiar with the processes involved for the I129f for K1 (Fiance), so let's use that as an example to help illustrate my point. In order to submit the I-129F for a Fiance, both parties must be legally able to marry at the time of filing. There was a recent case on this board whereby one of the parties had not yet received the final divorce decree, but the lawyer sent the application in anyway, thinking, like you, that by the time it was processed, that document would be available for submission. After waiting for five months, instead of simply getting an RFE for the document, this case was denied, on the basis that one of the parties was not eligible to apply at time of submission, as he was still married. (Do a search on the NG for "cutenurse").
I'm not sure if my thinking is accurate on this, but you may want to consult someone experienced in these matters before going through with the plan the way you describe. Good luck!
~SecretGarden
~and Mr. Pink (waiting on NVC)
5/29/03 1st NOA
11/25/03 2nd NOA
11/26/03 2nd NOA appears online
12/1/03 2nd NOA arrives in the mail
P.S. There have been some recent threads about some I-130s being approved before the K3........a fluke, but something else to consider?
Dec 2nd 2003, 11:33 am
#19
Member
Joined: Apr 2001
Posts: 14,049
Re: Ontario people, how are you doing this?
SG,
I think you think too much.
An approved I-129f for spouse does not nullify the I-130. Indeed, an approval of the I-130 is necessary for a K-3 entrant to adjust status.
See also the several threads from the confused people who find themselves with both approved I-129f and approved I-130 (the lucky buggars).
Regards, JEff
PS MrP put me up to this.
I think you think too much.
An approved I-129f for spouse does not nullify the I-130. Indeed, an approval of the I-130 is necessary for a K-3 entrant to adjust status.
See also the several threads from the confused people who find themselves with both approved I-129f and approved I-130 (the lucky buggars).
Regards, JEff
PS MrP put me up to this.
Originally posted by SecretGarden
Hi again,
I've been giving this some more thought. Please bear with me as I attempt to lay out my thoughts. I think you might be missing something.
I understand that in comparison, the I-130 takes eons to process when compared with the I-129f for the K3 visa. So, it would stand to reason that your I-129F for K3 would be approved before the I-130, thereby making the I-130 null and void. The I-130 is a Petition for Immediate Relative, in this case, your "spouse". In order to be eligible to submit this petition for a "spouse", you must be married at the time of filing. If you are not married at the time of filing, you are not eligible to apply, therefore, the NOA you would get on the I-130 is not valid. If the NOA on the I-130 that you are going to use to apply for the I-129F for the K3 is not valid, then your entire process is flawed.
I'm much more familiar with the processes involved for the I129f for K1 (Fiance), so let's use that as an example to help illustrate my point. In order to submit the I-129F for a Fiance, both parties must be legally able to marry at the time of filing. There was a recent case on this board whereby one of the parties had not yet received the final divorce decree, but the lawyer sent the application in anyway, thinking, like you, that by the time it was processed, that document would be available for submission. After waiting for five months, instead of simply getting an RFE for the document, this case was denied, on the basis that one of the parties was not eligible to apply at time of submission, as he was still married. (Do a search on the NG for "cutenurse").
I'm not sure if my thinking is accurate on this, but you may want to consult someone experienced in these matters before going through with the plan the way you describe. Good luck!
~SecretGarden
~and Mr. Pink (waiting on NVC)
5/29/03 1st NOA
11/25/03 2nd NOA
11/26/03 2nd NOA appears online
12/1/03 2nd NOA arrives in the mail
P.S. There have been some recent threads about some I-130s being approved before the K3........a fluke, but something else to consider?
Hi again,
I've been giving this some more thought. Please bear with me as I attempt to lay out my thoughts. I think you might be missing something.
I understand that in comparison, the I-130 takes eons to process when compared with the I-129f for the K3 visa. So, it would stand to reason that your I-129F for K3 would be approved before the I-130, thereby making the I-130 null and void. The I-130 is a Petition for Immediate Relative, in this case, your "spouse". In order to be eligible to submit this petition for a "spouse", you must be married at the time of filing. If you are not married at the time of filing, you are not eligible to apply, therefore, the NOA you would get on the I-130 is not valid. If the NOA on the I-130 that you are going to use to apply for the I-129F for the K3 is not valid, then your entire process is flawed.
I'm much more familiar with the processes involved for the I129f for K1 (Fiance), so let's use that as an example to help illustrate my point. In order to submit the I-129F for a Fiance, both parties must be legally able to marry at the time of filing. There was a recent case on this board whereby one of the parties had not yet received the final divorce decree, but the lawyer sent the application in anyway, thinking, like you, that by the time it was processed, that document would be available for submission. After waiting for five months, instead of simply getting an RFE for the document, this case was denied, on the basis that one of the parties was not eligible to apply at time of submission, as he was still married. (Do a search on the NG for "cutenurse").
I'm not sure if my thinking is accurate on this, but you may want to consult someone experienced in these matters before going through with the plan the way you describe. Good luck!
~SecretGarden
~and Mr. Pink (waiting on NVC)
5/29/03 1st NOA
11/25/03 2nd NOA
11/26/03 2nd NOA appears online
12/1/03 2nd NOA arrives in the mail
P.S. There have been some recent threads about some I-130s being approved before the K3........a fluke, but something else to consider?
Dec 2nd 2003, 11:50 am
#20
The Missus
Joined: Sep 2002
Location: Northwest of Chicago
Posts: 6,239
Re: Ontario people, how are you doing this?
Originally posted by jeffreyhy
(snip)
An approved I-129f for spouse does not nullify the I-130. Indeed, an approval of the I-130 is necessary for a K-3 entrant to adjust status.
(snip)
An approved I-129f for spouse does not nullify the I-130. Indeed, an approval of the I-130 is necessary for a K-3 entrant to adjust status.
Do you at least agree with me regarding a nonmarried couple being ineligible to apply for an I-130 for "spouse"?
~SG (stomping foot and pouting....)
Dec 2nd 2003, 12:09 pm
#21
Member
Joined: Apr 2001
Posts: 14,049
Re: Ontario people, how are you doing this?
SG,
The K3 was created so that one doesn't have to wait for approval of the I-130 to get into the US. The K3 allows a foreign spouse to do their waiting for I-130 approval with their spouse rather than apart from them.
Sounds like you are confusing adjustment of status with removal of conditions? A person who has been married for less than 2 years at the time they are granted Permanent Resident status has conditions, which they must apply to remove sometime between 1 year 9 months and 2 years later. A person who has been married for at least 2 years at the time they are granted Permanent Resident status does not have any conditions to remove. Doesn't matter what type of visa they used to enter the US.
Yes, I agree. Thing is, in this thread we are talking about people who are married. They just can't document it until the marriage certificate is issued to them.
Now I know why MrP put me up to it.
Regards, JEff
Originally posted by SecretGarden
Learn something new everyday.......I thought that the entire point of going the K-3 route was so that you didn't have to depend on approval of the I-130 for anything ...
Learn something new everyday.......I thought that the entire point of going the K-3 route was so that you didn't have to depend on approval of the I-130 for anything ...
Originally posted by SecretGarden ... and that I K3 didn't have to remove conditions. Isn't that correct?
Originally posted by SecretGarden
Do you at least agree with me regarding a nonmarried couple being ineligible to apply for an I-130 for "spouse"?
Do you at least agree with me regarding a nonmarried couple being ineligible to apply for an I-130 for "spouse"?
Originally posted by SecretGarden ~SG (stomping foot and pouting....)
Regards, JEff
Dec 2nd 2003, 3:54 pm
#22
The Missus
Joined: Sep 2002
Location: Northwest of Chicago
Posts: 6,239
Re: Ontario people, how are you doing this?
Originally posted by jeffreyhy
Yes, I agree. Thing is, in this thread we are talking about people who are married.
Yes, I agree. Thing is, in this thread we are talking about people who are married.
Actually, I don't think we were.....
"Thanks to your ideas, we won't even wait that long.
So, we'll file the I-130 right away with the copy of the marriage licence. Get the NOA1 to file the I-129F."
To me, "right away" means before the marriage has taken place, and the I-130 is being applied for simply on the basis of having the license.
This is the part I had the issue with, but I may have misunderstood Zenas in the first place. Wouldn't be the first time! Thanks for your comments though, and I'll attempt to refrain from pouting and stomping in future threads....
~SG (and that ratbag Mr. Pink!)
Dec 2nd 2003, 10:23 pm
#23
Guest
Posts: n/a
Re: Ontario people, how are you doing this?
We got married in Watertown, NY (just south of Kingston, ON) and our
marriage certificate was sent to us within 2 weeks of the wedding
(i.e. no 3 month wait for marriage certificates in NY state).
Cheers,
Eric
Zenas <member9000@british_expats.com> wrote in message news:<[email protected]>...
> We are getting married in Ontario.
>
>
>
> The LICENCE is obtained before the wedding, then signed that day.
>
>
>
> The marriage CERTIFICATE is issued only after the marriage has been
> registered. This process takes 3 months.
>
>
>
> It's my understanding we need the marriageCERTIFICATE to apply for the
> visa (we're doing a K3), that the signed licence won't do.
>
>
>
> How are you getting the CERTIFICATE so fast???
marriage certificate was sent to us within 2 weeks of the wedding
(i.e. no 3 month wait for marriage certificates in NY state).
Cheers,
Eric
Zenas <member9000@british_expats.com> wrote in message news:<[email protected]>...
> We are getting married in Ontario.
>
>
>
> The LICENCE is obtained before the wedding, then signed that day.
>
>
>
> The marriage CERTIFICATE is issued only after the marriage has been
> registered. This process takes 3 months.
>
>
>
> It's my understanding we need the marriageCERTIFICATE to apply for the
> visa (we're doing a K3), that the signed licence won't do.
>
>
>
> How are you getting the CERTIFICATE so fast???
Dec 2nd 2003, 11:54 pm
#24
Member
Joined: Apr 2001
Posts: 14,049
Re: Ontario people, how are you doing this?
SG,
The original post said that they didn't want to have to wait to file the I-130 for the 3 months it takes from the time of marriage until the marriage certificate is issued.
If Zenas is now thinking about filing the I-130 even before marriage as a result of advice to supply a marriage license in lieu of the marriage certificate - I'm with Matt Udall on this one...
Regards, JEff
The original post said that they didn't want to have to wait to file the I-130 for the 3 months it takes from the time of marriage until the marriage certificate is issued.
If Zenas is now thinking about filing the I-130 even before marriage as a result of advice to supply a marriage license in lieu of the marriage certificate - I'm with Matt Udall on this one...
Regards, JEff
Originally posted by SecretGarden
Hiya JEff,
Actually, I don't think we were.....
"Thanks to your ideas, we won't even wait that long.
So, we'll file the I-130 right away with the copy of the marriage licence. Get the NOA1 to file the I-129F."
To me, "right away" means before the marriage has taken place, and the I-130 is being applied for simply on the basis of having the license.
This is the part I had the issue with, but I may have misunderstood Zenas in the first place. Wouldn't be the first time! Thanks for your comments though, and I'll attempt to refrain from pouting and stomping in future threads....
~SG (and that ratbag Mr. Pink!)
Hiya JEff,
Actually, I don't think we were.....
"Thanks to your ideas, we won't even wait that long.
So, we'll file the I-130 right away with the copy of the marriage licence. Get the NOA1 to file the I-129F."
To me, "right away" means before the marriage has taken place, and the I-130 is being applied for simply on the basis of having the license.
This is the part I had the issue with, but I may have misunderstood Zenas in the first place. Wouldn't be the first time! Thanks for your comments though, and I'll attempt to refrain from pouting and stomping in future threads....
~SG (and that ratbag Mr. Pink!)
Dec 3rd 2003, 1:01 am
#25
Forum Regular
Thread Starter
Joined: Feb 2003
Posts: 187
Re: Ontario people, how are you doing this?
We will be getting married, Feb. 21. Filing for I-130 on Feb. 22 with only the licence copy (because we can't get the certificate). Wait for the I-130 NOA1, wait for the 2 week marriage certificate, then file the K3.
So, hope this clears that up. We will indeed be married before filing the I-130.
So, hope this clears that up. We will indeed be married before filing the I-130.
Dec 3rd 2003, 1:28 am
#26
Concierge
Joined: Apr 2001
Posts: 46,475
Re: Ontario people, how are you doing this?
Originally posted by Zenas
We will be getting married, Feb. 21. Filing for I-130 on Feb. 22 with only the licence copy (because we can't get the certificate). Wait for the I-130 NOA1, wait for the 2 week marriage certificate, then file the K3.
So, hope this clears that up. We will indeed be married before filing the I-130.
We will be getting married, Feb. 21. Filing for I-130 on Feb. 22 with only the licence copy (because we can't get the certificate). Wait for the I-130 NOA1, wait for the 2 week marriage certificate, then file the K3.
So, hope this clears that up. We will indeed be married before filing the I-130.
Not deliberately posting to throw cold water on your proposal, but what if the Service Center out and out refuses to accept your I-130 without sending you a NOA. That refusal can take a week or several weeks to arrive and you have to start all over. You are trying to circumvent USCIS regulations which require a certified/registered marriage "certificate" issued by the province, city, state or jurisdiction where you were married and the particulars filed. Regardless of whether or not you are married at the time of filing, you won't have proof of that marriage when you are planning on filing.
If you are in such a rush to file for the I-130 why don't you just come into the US, get married at a local city hall after you have obtained the marriage license and wait around for the marriage certificate. It can be done all in one day. If you already have the big fancy schmacy wedding for family and friends planned and paid for for the 21st of February, you can still have it but this time as a "blessings" ceremony.
I just hate to see you starting off on this journey with one foot already on a banana peel just because another poster recommended that this might be the way to go.
Just my thoughts on your scenario.
Rete
Dec 3rd 2003, 2:13 am
#27
Member
Joined: Apr 2001
Posts: 14,049
Re: Ontario people, how are you doing this?
Zenas,
No, after waiting for the I-130 NOA #1 and the marriage certificate you will not file the K3. You (whichever of you is the USC) will file an I-129f.
You (whichever of you is the Canadian) cannot apply for the K3 until after the I-129f has been approved.
I agree with Rete's advice to wait for the marriage certificate, especially since it appears that expedited servicing is available that can get you the certificate in 2 weeks. A 2 week delay is less than the variation in processing times for the petition and the visa application, you'll never see the difference.
Regards, JEff
No, after waiting for the I-130 NOA #1 and the marriage certificate you will not file the K3. You (whichever of you is the USC) will file an I-129f.
You (whichever of you is the Canadian) cannot apply for the K3 until after the I-129f has been approved.
I agree with Rete's advice to wait for the marriage certificate, especially since it appears that expedited servicing is available that can get you the certificate in 2 weeks. A 2 week delay is less than the variation in processing times for the petition and the visa application, you'll never see the difference.
Regards, JEff
Originally posted by Zenas
We will be getting married, Feb. 21. Filing for I-130 on Feb. 22 with only the licence copy (because we can't get the certificate). Wait for the I-130 NOA1, wait for the 2 week marriage certificate, then file the K3.
So, hope this clears that up. We will indeed be married before filing the I-130.
We will be getting married, Feb. 21. Filing for I-130 on Feb. 22 with only the licence copy (because we can't get the certificate). Wait for the I-130 NOA1, wait for the 2 week marriage certificate, then file the K3.
So, hope this clears that up. We will indeed be married before filing the I-130.
