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How can I get my Wife home?

How can I get my Wife home?

Old Sep 30th 2002, 7:03 pm
  #1  
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Posts: 53
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Question How can I get my Wife home?

My wife a Russian citizen was in US on J-1 Visa & we were married 7/13/1999. I filed the I130 & I485 forms & finally got ackowledgement But no form 797, on 9/15/1999
In Nov 2001 we were called for interview. We were told that her fingerprints could not be read by the computer. We sent to INS on 12/11/2001 police jurisdiction reports as requested. In Mar 2002 a status request said "still pending" in May a status request went unanswered. A request for Advance Parole went unanswered until Aug 21, 2002. My wife had to leave to see about her property & get her internal passport renewed. We made the decision for her to go ahead & I would meet her in Russia with the papers & we would come back together.
After visiting two INS offices it seems that my wifes' file has been misplaced or lost since 12/2001.
DOES ANYONE KNOW HOW MY WIFE & I CAN BE TOGETHER IN THE US AGAIN. DO WE MOVE TO CANADA or UK?
trburton is offline  
Old Sep 30th 2002, 9:20 pm
  #2  
Paulgani
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Default Re: How can I get my Wife home?

"trburton" wrote in message
news:[email protected]
.com
...
    > DOES ANYONE KNOW HOW MY WIFE & I CAN BE TOGETHER IN THE US AGAIN. DO WE
    > MOVE TO CANADA or UK?

Why would you think that Canada or the UK would even take the two of you?

Paulgani
 
Old Sep 30th 2002, 10:19 pm
  #3  
Mrtravel
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Default Re: How can I get my Wife home?

paulgani wrote:
    > "trburton" wrote in message
    > news:[email protected]
    > ts.com
    ...
    > > DOES ANYONE KNOW HOW MY WIFE & I CAN BE TOGETHER IN THE US AGAIN. DO WE
    > > MOVE TO CANADA or UK?
    > Why would you think that Canada or the UK would even take the two of you?
    > Paulgani

Mark, why am I the only person you attack about such statements.
I agree with Paul, but I am no more direct in my approach than he is.
 
Old Sep 30th 2002, 10:24 pm
  #4  
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Joined: Sep 2002
Posts: 53
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Default Re: How can I get my Wife home?

Originally posted by Paulgani:
"trburton" wrote in message
news:[email protected]
.com
...
    > DOES ANYONE KNOW HOW MY WIFE & I CAN BE TOGETHER IN THE US AGAIN. DO WE
    > MOVE TO CANADA or UK?

Why would you think that Canada or the UK would even take the two of you?

Paulgani
trburton is offline  
Old Sep 30th 2002, 10:27 pm
  #5  
Mrtravel
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Default Re: How can I get my Wife home?

If she left without advance parole, than you may have to go though
the I-130 process all over again.
If she is changing status to a US resident, is she permitted to
have her internal Russian passport renewed? I know my wife could get me
a Russian visa, but I needed her mother to get it registered at IVIR.

What would the purpose be of going back to Russia to renew the internal
visa
if you are living in the US. My understanding is you would only renew
your
international Russian passport.

In any case, you have two options.

1. Hire an attorney and find way to get back in without the AP
2. Give up and file another I-130.

Unfortunately, you can't do that in Moscow via DCF unless you live in
Russia.
If you had flown to Moscow after the marriage, you could have filed
I-130 there
(USC could DCF then without residence), and may have gotten it in a
month or two.
Then, she would have entered a citizen. Of course, that doesn't help
you, but it
might help other people that should check to see if DCF is a better
method.

One other question... Was there an overstay between the J-1 expiration
and the I-485 filing?
If it was more than 180 days, then there would be a possble ban.

Good luck.

trburton wrote:
    > My wife a Russian citizen was in US on J-1 Visa & we were married
    > 7/13/1999. I filed the I130 & I485 forms & finally got ackowledgement
    > But no form 797, on 9/15/1999
    > In Nov 2001 we were called for interview. We were told that her
    > fingerprints could not be read by the computer. We sent to INS on
    > 12/11/2001 police jurisdiction reports as requested. In Mar 2002 a
    > status request said "still pending" in May a status request went
    > unanswered. A request for Advance Parole went unanswered until Aug 21,
    > 2002. My wife had to leave to see about her property & get her internal
    > passport renewed. We made the decision for her to go ahead & I would
    > meet her in Russia with the papers & we would come back together.
    > After visiting two INS offices it seems that my wifes' file has been
    > misplaced or lost since 12/2001.
    > DOES ANYONE KNOW HOW MY WIFE & I CAN BE TOGETHER IN THE US AGAIN. DO WE
    > MOVE TO CANADA or UK?
    > --
    > Posted via http://britishexpats.com
 
Old Sep 30th 2002, 10:49 pm
  #6  
L D Jones
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Posts: n/a
Default Re: How can I get my Wife home?

trburton wrote:
    > My wife a Russian citizen was in US on J-1 Visa & we were married
    > 7/13/1999. I filed the I130 & I485 forms & finally got ackowledgement
    > But no form 797, on 9/15/1999
[ ... ]

    > DOES ANYONE KNOW HOW MY WIFE & I CAN BE TOGETHER IN THE US AGAIN. DO WE
    > MOVE TO CANADA or UK?

If your goal is to be together in the US why would you try to go to
Canada or the UK? If either one of you is a British citizen, immigrating
to the UK is a possibility but if not I don't see why you would change
the "dimension" of the problem so much.
 
Old Sep 30th 2002, 11:48 pm
  #7  
Forum Regular
Thread Starter
 
Joined: Sep 2002
Posts: 53
trburton is an unknown quantity at this point
Default Re: How can I get my Wife home?

Thanks for the info. My wife renewed her internal passport because she felt it was necessary to keep her residence. We are older than most, Iam 57 & she is 50. If anything happened to me (which is very likely due to family history) she would be without a family & a home. We had filed immediately after marriage and that is not a problem. Our problem is that we had too much faith in INS doing what is right.

trburton wrote:
    > My wife a Russian citizen was in US on J-1 Visa & we were married
    > 7/13/1999. I filed the I130 & I485 forms & finally got ackowledgement
    > But no form 797, on 9/15/1999
    > In Nov 2001 we were called for interview. We were told that her
    > fingerprints could not be read by the computer. We sent to INS on
    > 12/11/2001 police jurisdiction reports as requested. In Mar 2002 a
    > status request said "still pending" in May a status request went
    > unanswered. A request for Advance Parole went unanswered until Aug 21,
    > 2002. My wife had to leave to see about her property & get her internal
    > passport renewed. We made the decision for her to go ahead & I would
    > meet her in Russia with the papers & we would come back together.
    > After visiting two INS offices it seems that my wifes' file has been
    > misplaced or lost since 12/2001.
    > DOES ANYONE KNOW HOW MY WIFE & I CAN BE TOGETHER IN THE US AGAIN. DO WE
    > MOVE TO CANADA or UK?
    > --
    > Posted via http://britishexpats.com
[/SIZE][/QUOTE]
trburton is offline  
Old Oct 1st 2002, 6:02 am
  #8  
Uno
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Posts: n/a
Default Re: How can I get my Wife home?

Preface
"paulgani" wrote:
    >"trburton" wrote in message
    >news:[email protected]
    >s.com
    ...
    >> DOES ANYONE KNOW HOW MY WIFE & I CAN BE TOGETHER IN THE US AGAIN. DO WE
    >> MOVE TO CANADA or UK?
    >Why would you think that Canada or the UK would even take the two of you?
    >Paulgani
Let's try to help this guy, OK?

Visit www.amelita.com
 
Old Oct 1st 2002, 11:14 am
  #9  
Andy Platt
Guest
 
Posts: n/a
Default Re: How can I get my Wife home?

Do a search for humanitarian parole on google.com; there are a *few* people
who have managed to get their spouse paroled back into the country after
they left without advance parole. Otherwise you'll have to file an I-130
with the service center and go that route (using a K-3 if you wish). What
INS office are you dealing with, btw?

Andy.

--
I'm not really here - it's just your warped imagination.
"trburton" wrote in message
news:[email protected]
.com
...
    > My wife a Russian citizen was in US on J-1 Visa & we were married
    > 7/13/1999. I filed the I130 & I485 forms & finally got ackowledgement
    > But no form 797, on 9/15/1999
    > In Nov 2001 we were called for interview. We were told that her
    > fingerprints could not be read by the computer. We sent to INS on
    > 12/11/2001 police jurisdiction reports as requested. In Mar 2002 a
    > status request said "still pending" in May a status request went
    > unanswered. A request for Advance Parole went unanswered until Aug 21,
    > 2002. My wife had to leave to see about her property & get her internal
    > passport renewed. We made the decision for her to go ahead & I would
    > meet her in Russia with the papers & we would come back together.
    > After visiting two INS offices it seems that my wifes' file has been
    > misplaced or lost since 12/2001.
    > DOES ANYONE KNOW HOW MY WIFE & I CAN BE TOGETHER IN THE US AGAIN. DO WE
    > MOVE TO CANADA or UK?
    > --
    > Posted via http://britishexpats.com
 
Old Oct 1st 2002, 1:17 pm
  #10  
Johng3110
Guest
 
Posts: n/a
Default Re: How can I get my Wife home?

trburton wrote in message news:...
    > My wife a Russian citizen was in US on J-1 Visa & we were married
    > 7/13/1999. I filed the I130 & I485 forms & finally got ackowledgement
    > But no form 797, on 9/15/1999
    > In Nov 2001 we were called for interview. We were told that her
    > fingerprints could not be read by the computer. We sent to INS on
    > 12/11/2001 police jurisdiction reports as requested. In Mar 2002 a
    > status request said "still pending" in May a status request went
    > unanswered. A request for Advance Parole went unanswered until Aug 21,
    > 2002. My wife had to leave to see about her property & get her internal
    > passport renewed. We made the decision for her to go ahead & I would
    > meet her in Russia with the papers & we would come back together.
    > After visiting two INS offices it seems that my wifes' file has been
    > misplaced or lost since 12/2001.
    > DOES ANYONE KNOW HOW MY WIFE & I CAN BE TOGETHER IN THE US AGAIN. DO WE
    > MOVE TO CANADA or UK?




* * *

What follows is not legal advice. It is merely commentary. And
although I am an attorney, your reading this does not make me your
attorney.

* * *

The following comments might not be enjoyable, but I hope they are
useful.

An alien (foreigner) who applies for the green card while inside the
U.S. and then who leaves the U.S. without advance parole (special
permission) has effectively abandoned that application for the green
card. (There is an exception for aliens who came to the U.S. on a K3
visa, see below; they do not need advance parole to travel out of and
back into the U.S. while the green card application is pending.) When
a green card application is abandoned, everything must be done all
over again. That is true even if the couple did not intend or desire
this to happen.

An alien who is outside of the U.S. and who is married to a U.S.
citizen can apply to come to the U.S. in order to live with the
American spouse in one of two ways: the K3 visa and the immigrant
visa.

The K3 visa is for the following situation: an American and a
foreigner are married; the foreigner is outside of the U.S.; and the
American is inside the U.S. In this situation, the American files a
petition with the INS for a K3 visa; after a few months, the petition
is generally approved. Then, the foreign spouse is notified of that;
afterwards, the foreign spouse can prepare for applying for the K3
visa itself. This generally involves acquiring a police background
check, a medical examination, filling out forms, etc. When all these
materials are assembled (which can take a few weeks), the foreign
spouse submits them and the proper form, fee, etc. to the U.S.
Consulate. If approved and after passing an interview, the foreign
spouse has six months in which to come to the U.S. Once he or she
does so, the foreign spouse can apply for the green card ("adjustment
of status"); also, the foreign spouse can live in America, in effect,
till the green card is approved. For the K3 alien, that means he/ she
can apply for a work permit (an "EAD"); that also means he / she does
not need advance parole to travel to and from America. For more
information, please see the INS' webpage on the subject at
http://www.ins.usdoj.-
gov/graphics/howdoi/hdiknonimm.htm


The immigrant visa is the other option. Regarding marriage, it is
primarily for the following situation: an American and a foreigner
are married; and both of them live outside of the U.S. In this
situation, the American files a petition for an immigrant visa
(usually with the U.S. Consulate). When approved (often very quickly
and after a brief interview, when filed with a U.S. Consulate), the
foreign spouse can then prepare for applying for the immigrant visa.
This involves basically the same things as preparing for the K3 visa.
When all these materials are assembled (which can take a few weeks),
the foreign spouse can then apply for an immigrant visa. After
passing another interview and after the application is otherwise
approved, the foreign spouse has six months to come to the U.S. Upon
arriving, being inspected and being officially admitted, the foreign
spouse *instantly* acquires the green card. That is usually in the
form of a passport stamp; the actual card will arrive in the mail
several weeks later; nevertheless it is legal "permanent resident
status" (the green card). For more information, please see the INS'
webpage on the subject at
http://www.ins.usdoj.-
gov/graphics/howdoi/spouselive.htm


In either case, the couple must prove to the U.S. government that they
are still genuinely married about two years after the foreign spouse
acquires the green card **IF** the couple was married for less than 2
years when the foreign spouse was given the green card. (In other
words, if the couple was married for more than two years when the
foreign spouse gets the green card, they are done; if not, they must
prove to the government that they are genuinely married about 2 years
after the foreign spouse gets the green card.)

However, all of this can become complicated if the foreign spouse was
previously inside the U.S. on a J-1 visa. That is because the J visa
often carries a requirement for the foreigner to return home and stay
there for two years after the J visit to the U.S. Generally, this
"two year home residency requirement" applies to foreign doctors,
foreigners who attended a J program that was funded by the U.S.
government or the foreigner's government or an international
organization, and foreigners who studied a skill in America (on the J
program) which is in short supply in the foreigner's home country. If
the foreign spouse does not fall into one of those three categories,
the "two year home residency requirement" does not apply, and the
foreign spouse can apply for the K3 or immigrant visa (see above).
If the "two year home residency requirement" *does* apply to the
foreign spouse of a U.S. citizen, he/she has two options. (1) The
foreign spouse can wait out the two years in the foreigner's home
country and then apply for the K3 or immigrant visa (see above). (2)
The foreign spouse can apply for a "waiver" of the requirement through
the U.S. State Department. Waivers are not always granted, and they
can be challenging to acquire. For more information, please see the
State Department's webpages on the subject at
http://travel.state.gov/jvw.html ; the
general instructions page is a
good place to start, at
http://travel.state.gov/waiv-
er_instructions.html


The above was a summary, but it is essentially correct. For more
information, please see the website references (above) and / or
consult with an immigration attorney.

Good Luck!

--John
 
Old Oct 1st 2002, 3:14 pm
  #11  
Guest
 
Posts: n/a
Default Re: How can I get my Wife home?

trburton wrote:
    > Thanks for the info. My wife renewed her internal passport because she
    > felt it was necessary to keep her residence. We are older than most,
    > Iam 57 & she is 50. If anything happened to me (which is very likely
    > due to family history) she would be without a family & a home. We had
    > filed immediately after marriage and that is not a problem. Our problem
    > is that we had too much faith in INS doing what is right.

What do you mean "without a family and a home"?
You doesn't lose citizenship when her internal passport expires.
The problem is that doing this she may have abandoned the adjustment
process
since she didn't have AP when she left.

You can apply file I-130 again, and also I-129F to get a K-3 visa.
However, if there was an overstay of over 180 days when she filed the
original
adjustment, then that could result in a ban.
 
Old Oct 1st 2002, 5:46 pm
  #12  
Forum Regular
Thread Starter
 
Joined: Sep 2002
Posts: 53
trburton is an unknown quantity at this point
Default Re: How can I get my Wife home?

[QUOTE][SIZE=1]Originally posted by [email protected]:
trburton wrote:
    > Thanks for the info. My wife renewed her internal passport because she
    > felt it was necessary to keep her residence. We are older than most,
    > Iam 57 & she is 50. If anything happened to me (which is very likely
    > due to family history) she would be without a family & a home. We had
    > filed immediately after marriage and that is not a problem. Our problem
    > is that we had too much faith in INS doing what is right.

What do you mean "without a family and a home"?
You doesn't lose citizenship when her internal passport expires.
The problem is that doing this she may have abandoned the adjustment
process
since she didn't have AP when she left.

You can apply file I-130 again, and also I-129F to get a K-3 visa.
However, if there was an overstay of over 180 days when she filed the
original

Home - being her residence in Rostov-on-Don. There is upkeep & taxes & residency registration. The man that was paying the tele, electricity, etc did not want to do it any more for any price. She understood that the city would declare the residence abandoned if she did not pay the taxes. Her brother was also ill & needed care. I have no family that could care for my wife in the U.S. if I died. My only family member is my sister in Belgium . Remember we had been told the conditional residency would be received at any time.
The whole problem was that Memphis district told me to my face the records were in Nashville ( sub office closed in 12/01 ) & when I went to Nashville I was told that the records had been returned to Memphis two months prior. As of today Senator fred Thompson's office is being told by INS that everything is "in process". There was no original I129. We met in Champaign IL where she was a Visiting Professor on J-1 visa. We have been married and living in the U.S. over 3 years. We have traveled to Russia twice & to Europe on previous AP status but a new application was held because the files could not be found.
Anyhow we are between a rock and hard place.
Thanks for your reply
trburton is offline  
Old Oct 1st 2002, 5:54 pm
  #13  
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Joined: Sep 2002
Posts: 109
Loversdream is an unknown quantity at this point
Default Re: How can I get my Wife home?

I thought you have to send in the I-130 before you can apply for the K3 - are you saying we can just file for the K3 visa, without doing the I-130?

Jean

Originally posted by Johng3110:
trburton wrote in message news:...
    > My wife a Russian citizen was in US on J-1 Visa & we were married
    > 7/13/1999. I filed the I130 & I485 forms & finally got ackowledgement
    > But no form 797, on 9/15/1999
    > In Nov 2001 we were called for interview. We were told that her
    > fingerprints could not be read by the computer. We sent to INS on
    > 12/11/2001 police jurisdiction reports as requested. In Mar 2002 a
    > status request said "still pending" in May a status request went
    > unanswered. A request for Advance Parole went unanswered until Aug 21,
    > 2002. My wife had to leave to see about her property & get her internal
    > passport renewed. We made the decision for her to go ahead & I would
    > meet her in Russia with the papers & we would come back together.
    > After visiting two INS offices it seems that my wifes' file has been
    > misplaced or lost since 12/2001.
    > DOES ANYONE KNOW HOW MY WIFE & I CAN BE TOGETHER IN THE US AGAIN. DO WE
    > MOVE TO CANADA or UK?




* * *

What follows is not legal advice. It is merely commentary. And
although I am an attorney, your reading this does not make me your
attorney.

* * *

The following comments might not be enjoyable, but I hope they are
useful.

An alien (foreigner) who applies for the green card while inside the
U.S. and then who leaves the U.S. without advance parole (special
permission) has effectively abandoned that application for the green
card. (There is an exception for aliens who came to the U.S. on a K3
visa, see below; they do not need advance parole to travel out of and
back into the U.S. while the green card application is pending.) When
a green card application is abandoned, everything must be done all
over again. That is true even if the couple did not intend or desire
this to happen.

An alien who is outside of the U.S. and who is married to a U.S.
citizen can apply to come to the U.S. in order to live with the
American spouse in one of two ways: the K3 visa and the immigrant
visa.

The K3 visa is for the following situation: an American and a
foreigner are married; the foreigner is outside of the U.S.; and the
American is inside the U.S. In this situation, the American files a
petition with the INS for a K3 visa; after a few months, the petition
is generally approved. Then, the foreign spouse is notified of that;
afterwards, the foreign spouse can prepare for applying for the K3
visa itself. This generally involves acquiring a police background
check, a medical examination, filling out forms, etc. When all these
materials are assembled (which can take a few weeks), the foreign
spouse submits them and the proper form, fee, etc. to the U.S.
Consulate. If approved and after passing an interview, the foreign
spouse has six months in which to come to the U.S. Once he or she
does so, the foreign spouse can apply for the green card ("adjustment
of status"); also, the foreign spouse can live in America, in effect,
till the green card is approved. For the K3 alien, that means he/ she
can apply for a work permit (an "EAD"); that also means he / she does
not need advance parole to travel to and from America. For more
information, please see the INS' webpage on the subject at
http://www.ins.usdoj.-
gov/graphics/howdoi/hdiknonimm.htm


The immigrant visa is the other option. Regarding marriage, it is
primarily for the following situation: an American and a foreigner
are married; and both of them live outside of the U.S. In this
situation, the American files a petition for an immigrant visa
(usually with the U.S. Consulate). When approved (often very quickly
and after a brief interview, when filed with a U.S. Consulate), the
foreign spouse can then prepare for applying for the immigrant visa.
This involves basically the same things as preparing for the K3 visa.
When all these materials are assembled (which can take a few weeks),
the foreign spouse can then apply for an immigrant visa. After
passing another interview and after the application is otherwise
approved, the foreign spouse has six months to come to the U.S. Upon
arriving, being inspected and being officially admitted, the foreign
spouse *instantly* acquires the green card. That is usually in the
form of a passport stamp; the actual card will arrive in the mail
several weeks later; nevertheless it is legal "permanent resident
status" (the green card). For more information, please see the INS'
webpage on the subject at
http://www.ins.usdoj.-
gov/graphics/howdoi/spouselive.htm


In either case, the couple must prove to the U.S. government that they
are still genuinely married about two years after the foreign spouse
acquires the green card **IF** the couple was married for less than 2
years when the foreign spouse was given the green card. (In other
words, if the couple was married for more than two years when the
foreign spouse gets the green card, they are done; if not, they must
prove to the government that they are genuinely married about 2 years
after the foreign spouse gets the green card.)

However, all of this can become complicated if the foreign spouse was
previously inside the U.S. on a J-1 visa. That is because the J visa
often carries a requirement for the foreigner to return home and stay
there for two years after the J visit to the U.S. Generally, this
"two year home residency requirement" applies to foreign doctors,
foreigners who attended a J program that was funded by the U.S.
government or the foreigner's government or an international
organization, and foreigners who studied a skill in America (on the J
program) which is in short supply in the foreigner's home country. If
the foreign spouse does not fall into one of those three categories,
the "two year home residency requirement" does not apply, and the
foreign spouse can apply for the K3 or immigrant visa (see above).
If the "two year home residency requirement" *does* apply to the
foreign spouse of a U.S. citizen, he/she has two options. (1) The
foreign spouse can wait out the two years in the foreigner's home
country and then apply for the K3 or immigrant visa (see above). (2)
The foreign spouse can apply for a "waiver" of the requirement through
the U.S. State Department. Waivers are not always granted, and they
can be challenging to acquire. For more information, please see the
State Department's webpages on the subject at
http://travel.state.gov/jvw.html ; the
general instructions page is a
good place to start, at
http://travel.state.gov/waiv-
er_instructions.html


The above was a summary, but it is essentially correct. For more
information, please see the website references (above) and / or
consult with an immigration attorney.

Good Luck!

--John
Loversdream is offline  
Old Oct 1st 2002, 6:50 pm
  #14  
Andy Platt
Guest
 
Posts: n/a
Default Re: How can I get my Wife home?

"Loversdream" wrote...

    > I thought you have to send in the I-130 before you can apply for the
    > K3 - are you saying we can just file for the K3 visa, without doing
    > the I-130?

No, you cannot file the I-129F for a spouse until you have the NOA for the
I-130.

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Oct 1st 2002, 11:36 pm
  #15  
Forum Regular
 
Loversdream's Avatar
 
Joined: Sep 2002
Posts: 109
Loversdream is an unknown quantity at this point
Default Thank you Andy

I thought that was the case. This is all confusing lol.

Jean

Originally posted by Andy Platt:
"Loversdream" wrote...

    > I thought you have to send in the I-130 before you can apply for the
    > K3 - are you saying we can just file for the K3 visa, without doing
    > the I-130?

No, you cannot file the I-129F for a spouse until you have the NOA for the
I-130.

Andy.

--
I'm not really here - it's just your warped imagination.
Loversdream is offline  

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