robskatie

me too

basementwaj

because we applied when my wife had only been here in the uk for a year, the embassy in london decided not to process our stuff as they didnt see my wife as a permanent uk resident, so they sent our stuff to texas who then sent our stuff to california.
I think the whole network is on a go slow at the moment, so i guess we are just in the hands of the authorities and will just have to wait and see what happens!
bugger.

cindyabs

NO, K1 is a fiance(e) non immigrant visa and the 130 is the form to fill out for a K3 (NON immigrant spouse visa) AND the IR1 or CR1 immigrant visa.

robskatie

Oh gosh! You can tell it's been a while for me then!! So thinking on it, I did the IR1??? Glad I don't have to worry about it anymore!!!!!!

cindyabs

Where did you finish the process here in the US or in London? Once we got our 130 approved, we opted to go to London to get the IR1, rather than go through AOS here.

robskatie

In London, from start to finish, 10 year GC upon arrival (3 months after approval)

cindyabs

Ah right. We did K3 and when the 130 was approved (20 months) flew back to London to do the IR1. AOS through Atlanta took too long.

robskatie

So is the OP able to do the same as I did? Or do you have to be married a certain amount of time to be eligible for 10 yr GC immediately?

cindyabs

Married 2 years by the time the 130 is approved for an IR1, if married less than two years you get a "conditional green card." We were married 5 years so got the 10 year one also.

Bob

3 months...i wish....

speaking of time frames, people that know my case will get a giggle out of this one, Portland has now just posted there processing AOS cases from 2003....bit of a backwards jump, no wonder no one can be bothered to sign my case off *l*

basementwaj

geez, this all sounds like a nightmare! maybe i should have looked a little harder for a great english girl!!! (only joking)

well, here are my facts...
met wife to be in
may 2003 and started dating immediately.

nov 2003 she moved back to states (6 month visa was up)

feb 2004 got engaged (me in UK, she was in US)

may 2004 got married (in US)

june 2004 she moved back to UK with a spouse visa which took only 2 weeks to be granted

Feb 2005 started filing for I130

march 2005 i-130 sent back from london embassy and advised us to resubmit to US

March 30 California finally receive i-130

October 15th California finally pass march 30th as "processing i 130's recieved on"

Oct 31st, call the USCIS line to get info for rough idea on waiting times... answerphone reads out 990 - 999 days

Oct 31st... extremely pi**ed off!

meauxna

Tsk, cindy. You know better than that.

An I-130 is a *petition* that a USC files for to show that they are 1) a USC and 2) married to someone not a USC.

When an I-130 is approved, the non-USC can apply for a *visa*, and immigrant visa. They come in 2 flavors: married for less than 2 years (CR-1) or married more than 2 years (IR-1).
To add to the wackyness, one could recieve a CR-1 *visa*, pass their 2 year wedding anniversary and then enter the US. They would now be IR-1 *status* as a Permanent Resident and would get a 10-year card.

This OP has all his terms mixed up and it is impossible to say where his case is at now. This is the typical flow:
* I-130 filed to USCIS Service Center in US
* I-130 approved (we'll think positively)
* I-130 sent to NVC/National Visa Center. Much paperwork ensues. This is where the *visa* application begins.
* "Case Complete" at NVC & is transferred to Consulate abroad.
* Up to one month passes, Consulate notifies foreign spouse to start gathering documents required for visa app. (old Packet 3)
* Foreign spouse notifies Consulate: I am ready to interview.
* Consulate sends interview notice + medical appt information
* Have medical and attend interview
* Visa sent within a week if approved

meauxna

As you were told, ignore the processing dates from the Notice of Action. They include all I-130s, including those that have years of wait ahead of them (not for Immidiate Relatives of USCs).

When the uscis.gov Processing Dates show that they are working on petitions with a date 30 days PAST March 30, THEN your case is 'overdue' and you can put an inquiry in on it.
The current posted processing date is April 18, 2005. This means that your USC's petition is most likely being looked at now. See my previous post for the upcoming steps and hope you have someone picking your US mail up and forwarding it to you promptly. Once the I-130 is approved, it takes another 2-3 months thru the NVC and another X period of time until your interview.

It will probably be more than 3 months until you have your visa.

cindyabs

Cold comfort I know, but that 999 days is baloney-I had the same thing on the TSC timeframe. Basically they put a number in to just give folks something to hold onto.
I do know that some folks have had an issue on the USC's spouse leave to remain etc. London has by degrees either let it fly or insisted that they file in the US instead. There was one gal who successfuly fought them on it and got them to let her file there in London.
The important thing is that 1. you are together and don't have an ocean between you like many folks and 2. Once the 130 is done and you get the immigrant visa there won't be any AOS, EADs and all that other good stuff.

Keep a stiff upper lip and best of luck.

basementwaj

WOW, thank you all for this info... you have really set my mind at ease... thank you!