want a visa for my spouse. Help me!
Nov 20th 2006, 5:34 am
#1
Guest
Posts: n/a
want a visa for my spouse. Help me!
I want to start a process to bring my spouse and four-year-old son into
the U.S at the soonest possible time (they currently live in Mexico). I
am a U.S citizen, and in the U.S Navy). What I plan is to file an I-
130, and process a visa K3. The problem is that she tried to cross the
border without inspection and was caught five years ago. As far as I
know is that she has to file a waiver but I am new on this. My main
questions are:
a) Am I right on the process I want to follow?
b)Can Being in the U.S Navy accelerate the process or alleviate the
penalty?
c) How long is the processing time for a waiver (I know how long it
takes for I 130 and I 129 for Visa K3)?
--
the U.S at the soonest possible time (they currently live in Mexico). I
am a U.S citizen, and in the U.S Navy). What I plan is to file an I-
130, and process a visa K3. The problem is that she tried to cross the
border without inspection and was caught five years ago. As far as I
know is that she has to file a waiver but I am new on this. My main
questions are:
a) Am I right on the process I want to follow?
b)Can Being in the U.S Navy accelerate the process or alleviate the
penalty?
c) How long is the processing time for a waiver (I know how long it
takes for I 130 and I 129 for Visa K3)?
--
Nov 21st 2006, 12:09 pm
#2
Guest
Posts: n/a
Re: want a visa for my spouse. Help me!
Hi "melias64",
> I want to start a process to bring my spouse and four-year-old
> son into the U.S at the soonest possible time (they currently
> live in Mexico). I am a U.S citizen, and in the U.S Navy). What
> I plan is to file an I-130, and process a visa K3. The problem is
> that she tried to cross the border without inspection and was
> caught five years ago. As far as I know is that she has to file a
> waiver but I am new on this. My main questions are:
> a) Am I right on the process I want to follow?
File the I-130 to the Service Center for your location. Once you
receive an I-797C back, then file the I-129F to the Chicago Service
Center. Follow the instructions for both forms & answer everything
truthfully.
> b) Can Being in the U.S Navy accelerate the process or alleviate the penalty?
The sponsor's military status has absolutely no bearing on the
speed of the process. If you are in the process of being mobilized soon
(USCIS generally won't care if more than six months after the petition
process is started, because they believe, wrongly, that it will
complete on time) your command may be able to prod things quicker. My
suggestion is to get them involved (Chief of the Command if Enlisted &
unit Chaplain) as soon as possible.
> c) How long is the processing time for a waiver (I know how long it
> takes for I 130 and I 129 for Visa K3)?
I'm not familiar with this area, but five years outside the U.S.
afterwards without further entry sounds like "time served" to me,
unless it is dealing with the cold-hearted USCIS. No paperwork had been
filed prior or after her being caught (even for your son)? Why are you
just filing now?
David
[email protected]
> I want to start a process to bring my spouse and four-year-old
> son into the U.S at the soonest possible time (they currently
> live in Mexico). I am a U.S citizen, and in the U.S Navy). What
> I plan is to file an I-130, and process a visa K3. The problem is
> that she tried to cross the border without inspection and was
> caught five years ago. As far as I know is that she has to file a
> waiver but I am new on this. My main questions are:
> a) Am I right on the process I want to follow?
File the I-130 to the Service Center for your location. Once you
receive an I-797C back, then file the I-129F to the Chicago Service
Center. Follow the instructions for both forms & answer everything
truthfully.
> b) Can Being in the U.S Navy accelerate the process or alleviate the penalty?
The sponsor's military status has absolutely no bearing on the
speed of the process. If you are in the process of being mobilized soon
(USCIS generally won't care if more than six months after the petition
process is started, because they believe, wrongly, that it will
complete on time) your command may be able to prod things quicker. My
suggestion is to get them involved (Chief of the Command if Enlisted &
unit Chaplain) as soon as possible.
> c) How long is the processing time for a waiver (I know how long it
> takes for I 130 and I 129 for Visa K3)?
I'm not familiar with this area, but five years outside the U.S.
afterwards without further entry sounds like "time served" to me,
unless it is dealing with the cold-hearted USCIS. No paperwork had been
filed prior or after her being caught (even for your son)? Why are you
just filing now?
David
[email protected]
Nov 22nd 2006, 3:40 am
#3
Guest
Posts: n/a
Re: want a visa for my spouse. Help me!
> ...The sponsor's military status has absolutely no bearing on
> the speed of the process...
Let me give a correction to say that the military status of the sponsor
usually has no *positive* impact on the processing. In reality a current or
prior servicemember should file a G-325B instead of a G-325A, because that
initiates a military records check that is then forwarded to USCIS. But it
isn't the positive recognitions in the record, but rather the marks against
the servicemember (if any) that are reported to USCIS.
David
[email protected]
> the speed of the process...
Let me give a correction to say that the military status of the sponsor
usually has no *positive* impact on the processing. In reality a current or
prior servicemember should file a G-325B instead of a G-325A, because that
initiates a military records check that is then forwarded to USCIS. But it
isn't the positive recognitions in the record, but rather the marks against
the servicemember (if any) that are reported to USCIS.
David
[email protected]
Nov 24th 2006, 3:04 pm
#4
Guest
Posts: n/a
Re: want a visa for my spouse. Help me!
illegal presense of more than 1 year carries a 10-year ban from the US.
http://www.travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html#Waiver
(B) ALIENS UNLAWFULLY PRESENT
Is it your biological son? He may be a US citizen already, especially if he was born in the US. If he was born outside the US, he may still be a US citizen, based on your citizenship (other rules apply as well).
The useful website for you would be www.uscis.gov and www.travel.state.gov
--
http://www.travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html#Waiver
(B) ALIENS UNLAWFULLY PRESENT
Is it your biological son? He may be a US citizen already, especially if he was born in the US. If he was born outside the US, he may still be a US citizen, based on your citizenship (other rules apply as well).
The useful website for you would be www.uscis.gov and www.travel.state.gov
--
Nov 24th 2006, 5:05 pm
#5
Guest
Posts: n/a
Re: want a visa for my spouse. Help me!
Hi Lucy,
> illegal presense of more than 1 year carries a 10-year ban from the US.
Not always (like if she was under the age of 18 at the time). The
phrasing was that she was caught on entry and immediately sent back. Pretty
common scenario on the U.S./Mexico border with those determined to be
Mexican Nationals.
David
[email protected]
> illegal presense of more than 1 year carries a 10-year ban from the US.
Not always (like if she was under the age of 18 at the time). The
phrasing was that she was caught on entry and immediately sent back. Pretty
common scenario on the U.S./Mexico border with those determined to be
Mexican Nationals.
David
[email protected]
