jbfaust

Hi all. New(ish) to this forum, want some advice on our application.

Here is our situation so far:

My husband (UKC) and myself (USC) got engaged a year ago (Nov 2006). I live in New York and my husband lives in Liverpool, we are pursuing a K3 to bring him over to the US.

Although we intend to live in the US, we chose to get married in the UK because his parents have never been on a plane and we couldn't get married without having them there. We applied for a visitor for marriage visa in the UK which was approved in under 2 weeks and stamped into my American Passport. We got married on 10 August 2008 in Liverpool. On 11 August 2008 we had some friends in the US send in our 1-130 petition. I received the I-797C, Notice of Action with a notice date, 22 August 2008. After we received this, we filed the I-129F to the Vermont service center which was received with another Notice of Action on 15 September 2008.

This is where we stand at the moment.

I have been religiously checking the USCIS website for filing times, at the moment is says 6 months for the K3 (I-129F) and 26 February 2008 for 1-130 processing (which is also about 6 months since our 1-130 was filed a month ahead of our K3). I read on this forum that they generally ignore the I-130 if the petitioner is going the K3 route, but I originally read in the Fiance and Marriage Visas Book that occasionally the I-130 can be approved ahead of the K3 and the whole then the K3 is voided. Unfortunately, the book doesn't go into more detail and I have already found a few mistakes here and there with their material (although my experience has been overall positive using the book).

Our second question is really about the time-frame between when the K3 is transfered until my husband has his interview in London. Our book suggested that the entire K3 process takes 5-7 months between filing and getting the spouse to enter the US. The book was published January 2007, so I guess its a bit outdated (They also say you wait approx. 3 months after filing the K-3). We've already accepted that we will have to wait at least 6 months, is this about right?

My book says that once the petition is approved, uscis will notify me (the USC) and also notify the consulate where the interview is going to take place. "this stage can take some weeks." Can anyone give me a recent time frame on this stage? At this point they will send your application to NVS and send you more forms to mail in before the interview.

Next, I've read a bit about the security clearance and medical exam. What can my husband do ahead of time to get these ready? Can he request the background check from the UK now, or should he wait until closer to the interview?

Once he has an interview date, assuming everything goes well, will he be approved on the spot or expect to wait some more for his K3? Anyone want to make a wild guess when I should be throwing a party for his arrival? This is really frustrating. Thanks for reading, hope to hear back.

Noorah101

I believe the way its' working lately is that if you file the I-129F, they put the I-130 on hold, because they assume you WANT to do the K-3. So in my opinion, it will be the K-3 that gets processed.

It takes about 8 to 10 months for that to process, from filing the I-129F to getting the K-3 in hand. You have quite a ways to go yet.

Once your I-129F is approved, it will be sent on to NVC. They will do some processing, and may even set up the interview date from there. There won't be any correspondence between you and NVC for the K-3 route (thats' only for the Immigrant Visa route). Eventually your husband will receive his packet of visa application forms. He'll get his police check done, and his medical done, and then go for the interview in London.

If all goes well, and he's approvable, he should get approved that day. They keep his passport and then send it back via courier with the K-3 inside, within a week or so.

Rene

miffy_m

Hi,

Thought you might appreciate the views of someone who has recently gone through this.

I am a UK citizen who married a US citizen in February 2008. We applied for the I-130 petition (for the Immigrant Visa), received our notice of action and then applied for the I-129F (for the K-3 Visa) exactly as you have. We also filed through the Vermont Service Centre.

When I applied (disclaimer: this may have now changed), one applied for the I-130 (petition for the Immigrant visa). As these took so long to be processed, the I-129F (petition for the K-3 visa) was created to try to get people into the country quicker. As such, it used to be expected that the I-129F would come through sooner. However, nowadays, these seem to be on equivalent timelines and so it was a race between these. All I can say is how it was when I applied in Feb 2008. One point to note (which took me a while to realise): On entering on the Immigrant Visa (through the I-130 petition), the UK citizen will be allowed to work immediately. On entering on the K-3 visa (through the I-129F petition), the UK citizen will have to apply for a work permit (EAD - employment authorisation document) which can take a further 60-90 days.

So... timelines. I can tell you my recent timelines, though things may well have improved since then.

I-130 application: February 2008
I-129F application: March 2008
I-130 application: November 2008
I-129F application: November 2008

As it happened, both my I-130 and I-129F petitions were approved within the same week. It took 9 months for mine to come through (though this month the USCIS website was updated, saying 6 month times). They have now been forwarded to the National Visa Centre. From reading around, other people have said that it can take around 3 months for the NVC to handle my visa before forwarding it to London, though this is unconfirmed.

This is my current understanding. It is completely demoralising, I'm afraid, and I do feel so sorry for you that you have to go through this terrible wait. USCIS updates broadly come around 15th of each month, though they are very often late / do not update / even send the timelines backwards. Just stick with it, keep a stiff upper lip and you'll get through it. I wish you the very best of luck.

I might caveat all of this - this is only my experience. It doesn't mean it will happen the same for you, and some of this may have changed. But when I was writing on here back in Feb 2008 I found it most helpful to hear other people's experiences.

If you do have any further queries, please feel free to message me.

Best wishes,

Michael.

jbfaust

Thanks for the reply Michael, its nice to hear there's an end in sight. We just wanted to make sure we're on target. We try to visit each other every 8-10 weeks, which is obviously a strain on the budget and hard to schedule since we both work. We have flights planned for thanksgiving (next week, yay) and New Years. I've started to look at flights for early March. Based on those wait times, there's no way that'll be a conflict.

Here's my hypothetical question. My husband has a decent paying job in Liverpool, but the hours/treatment of employees is quite poor. He graduated from Uni in May and was half-heartedly looking for a graduate position, knowing he would be coming to the US in a few months. However, nothing materialized and he's still at his current place, somewhat miserable. A few months ago we talked about him possibly working until around March or April and then quitting and coming over to the US for about 2.5 months as a visitor, with a return ticket and intention to go home and wait for his interview after the visit. Without evidence of a job to return to, is my husband likely to be turned away by immigration? Or is this likely to come back to bite us in the future. My understanding is that when we adjust our status later on, I'm the one who has to prove financial support for him, and his former job status, earnings, savings, and potential earnings mean nill. In that case, does it really matter if he doesn't work until he comes over. I rent an apartment in a house that my parents own, so my expenses are quite low (aside from flights to the UK). If it helps, I make about 30K a year, I believe that is enough to support my husband without needing an affidavit of support (can someone confirm this?)

Thanks again guys!

Noorah101

It's possible. Also making very frequent back-to-back trips puts up a red flag to the POE officer.

It won't come back to bite you regarding his Immigrant or K-3 visa. VWP visits (or getting turned around at the POE) does not affect the outcome of those visas.

This is true.

Rene

ian-mstm

Watching the timelines is the first step on the road to madness. The second step is actually believing that those timelines bear any resemblance to reality. I won't tell you the third step... suffice to say that strong men have been reduced to quivvering masses of jelly!


You haven't actually asked a first question yet!


I can confirm that you don't need a joint sponsor... but you *must* submit an affidavit of support.

Ian

jbfaust

Michael, what happens if the I-130 and I-129F are approved on the same week? I assume your interview is for the green card and not the K3 now? Based on our dates, this seems quite likely for us.

Thanks for the advice about my husband visiting. He hasn't been to the US since before the wedding, as I've been going over there each time. I'd love to have him here for a few months so I'm really happy to hear that it might be an option while we're waiting. Another important thing that I forgot to mention is that he has someone who can check his mail in the UK just in case anything comes through earlier than we expect.

Sometimes you have to laugh at this whole process. When I told my husband I had to show that I could support him he thought it was quite funny because he makes more money than me. I guess in this economy it's understandable that they don't believe in "earning potential," but what can you do. I really appreciate everyone's advice, thanks!

miffy_m

Hi jbfaust (sorry, didn't catch your name),

Honestly, I have no idea what happens if the I-130 and the I-129F are approved in the same week. All I know is that both were forwarded to the NVC a week ago. Haven't heard anything more. I'll keep you posted. You see, for me I'm the one who needs to keep a job going, so obtaining an immediate work permit is very important to me. At the moment, both petitions are going ahead. Intend to phone the NVC this coming week to ask them if we still follow both, and if not to ask them if they can only complete the I-130. So don't yet know which will proceed and for which my interview will be.

But, as mentioned above, don't get stressed out watching the USCIS website timelines. It does drive you mad! I'm currently in the "very aggravated jelly" category as a result! ;-) I'm sure you will still follow them, though. Who doesn't? Just have a good plan together of how you will see each other. As you mention, trips every month or two are good.

For your UK partner, I'd highly recommend him looking at buying a Platinum phone card. Bit off-topic, apologies. Planet Phone Cards (see link below) sell them. The Platinum 10 / 20 / 50 phone card offer 1p per minute phone calls to the US. To use it you phone a London 0207 number, which is covered in most mobile phone free minutes.

http://www.planetphonecards.com/all-...uk-to-usa.html

Anyway, I digress. I've been travelling to the US fairly regularly (every month and a half) without problem. However, my situation is slightly different as I've always travelled using a work diplomatic visa (A-visa) rather than the Visa Waiver Programme, so this may not apply. They've never questioned the number of my visits.

With your husband checking the mail - remember that you (the US citizen) are the petitioner, so any initial correspondence will go to you in the US. Then forms will be sent to your husband's English address.

Sounds like you're in exactly the same situation as my wife and me. She's in the US and also has to prove she can support me. :-)

Also look around at flights - stating the obvious, I'm sure, but flight carriers, dates, times, routes all significantly influence the cost.

Bonne chance.

Michael.

Noorah101

Did you know that obtaining an immediate work permit was of utmost importance when you decided to file the I-129F? Did you know that if you get the K-3 visa you would have to apply for an EAD which takes about 90 days to receive, after you arrive in the USA?

In the past, there was a $200 fee to be paid if you cancel the I-129F and decide to just stick with the I-130. I'm not sure if NVC is still requiring the fee or not.

Rene

miffy_m

As it happened, no I was not fully aware of that. Learned that on the way. However, I would have still filed for both as when I applied, the I-130 could have taken a LOT longer to come through (more than an extra 3 months). So you see, if I obtained the I-129F I could pop into the US, apply for the EAD, then return to England for the 90 day wait, then come back into the US again later.

Not sure about the $200 fee, but wouldn't be too worried about that.

:-)

M.

miffy_m

By the way, might be stating the obvious, but make sure your UK husband:

1. Does NOT overstay his time allowed in the country (max time allowed under the Visa Waiver Program)

2. Returns the I-94 slip that was given to him on entry to the US when he leaves the country. Sometimes the authorities forget to take it - they did with me and I had to post it to the address given on the US London Embassy website.

M.

jbfaust

Thanks! As for phones, we talk on skype which is free computer-to-computer and cheap from computer-to-landlines. Occasionally we have laptop problems Don't get me started with Lenovo! They will not honor American warranties in the UK. When I called them to complain about a laptop we bought 35 days ago that was seriously f-ed up (sorry for the language) they were like shocked that I took it out of the US as if it were a washing machine. I seriously told the woman on the phone that I had enough problems dealing with the US government without her telling me that my husband and my laptop shouldn't be in the UK, lol. Anyway, back to the subject.

I fully understood going into the K-3 that my husband would have to wait about 90 days to get working papers after he got to the US. Our main concern was to get him here as soon as possible. I got slightly thrown off by one of the replies, I shall quote: (sorry I don't know how to do the official quote).

"As it happened, no I was not fully aware of that. Learned that on the way. However, I would have still filed for both as when I applied, the I-130 could have taken a LOT longer to come through (more than an extra 3 months). So you see, if I obtained the I-129F I could pop into the US, apply for the EAD, then return to England for the 90 day wait, then come back into the US again later."

My impression is that once the K-3 is all approved and he gets here, my husband could adjust his status without ever having to leave, did I miss something?

We definitely do not intend to overstay the 90 day allowance. Thank you for the advice about the I-94 slip. My husband has definitely experienced them not taking them in the past (but again, he hasn't been here since the wedding). For us it will probably not be constant visits to the US, but one long one. FYI whenever I enter the UK I get a bit of a hasstle, so it does go both ways. Usually it goes like this: I am the only person on line for the non-EU queue, the officer sees me but continues to take EU passports. Fast forward 10 minutes, I'm called up and they start to flip through my passport. I Danish student visa, visitor for marriage visa and nearly a full book of stamps for the UK and re-entry into the US. Last time I went to Manchester the officer asked me if my husband was waiting for me in the airport. I said no, but also that I knew my way to Liverpool. He thought this was funny, so at least they have a sense of humor (unlike in America).

As for flight prices, I'm probably the queen of finding a deal. Although some of the prices have dropped since the summer, a lot of the direct flights from New York to Manchester were cut which makes the schedules tougher. I'll make sure to post if I see any great sales!

Please keep me up-to-date about the I-130 vs. I-129F. It seems like they had a good idea with the K-3 but something went wrong in the execution. I guess this is life.

Seriously, thanks to everyone who's been responding. Its great to have people understand where we're coming from, both with the visas and with the long distance situation.

miffy_m

Just to answer one of your questions before finishing reading the rest of your reply - it was a personal choice that I would pop in and out of the US to apply for the EAD. Most people enter the US, apply for the EAD and wait there for it to come through. I'm young and penniless, hence our decision for me to return to the UK for that wait time. :-)

miffy_m

Well interestingly, hot of the press, my I-129F application has been forwarded from the NVC to the London Embassy. It spent only a week at NVC. Haven't heard anything about the I-130. I think the I-130 spends more time to'ing and fro'ing in the NVC (a month or more?) before finally being sent to the London Embassy. Looks like I might be following the I-129F route...? May phone them next week to ask the NVC's opinion.

jbfaust

Good news, congrats!