I-129F: Which US Embassy to choose?

[gujboy75 0]

Hi - l got married in India May 2003. I was a GC holder at the time. Being a Canadian citizen, I called my wife to Toronto (easier to fly to Toronto, than to India when you only have 3 weeks in a year as vacation!). I filed as a GC hold her I-190 in April 2004.

Anyhow, I am now a US Citizen, and they are messing around with my I-190 file. First it took forever for them to apply my new status to the file (still not sure if it is done), but they moved my file to the California processing center for "faster processing" as per them in 12/2005.

I just checked my file, and it says I've filed on Feb 6th, 2006 and my type of case takes 990 to 999 days. Nice to see my change changed from April 2004 to Feb 6th, 2006 - the wonderful cheery people at the 1-800 cannot explain that to me or tell me where my file is.

Anyhow so the question for this forum:

If I file for her I-129F, which embassy do I choose for her nonimmigrant visa interview? The help for the forum status "Country where the marriage to the US Citizen took place". The actual form states "If embassy is outside your fiances last known address it can be delayed processing or rejected" .... Again, clear as mud ... and we wonder why it takes forever huh?

Any help in this area would be helpful. I am this close to filing the I-129F, and let them take 2435454 years to process the GC. My concern is we just want to be together! Thank you for helping me ....

[scy 0]

Hi - l got married in India May 2003. I was a GC holder at the time. Being a Canadian citizen, I called my wife to Toronto (easier to fly to Toronto, than to India when you only have 3 weeks in a year as vacation!). I filed as a GC hold her I-190 in April 2004.

Anyhow, I am now a US Citizen, and they are messing around with my I-190 file. First it took forever for them to apply my new status to the file (still not sure if it is done), but they moved my file to the California processing center for "faster processing" as per them in 12/2005.

I just checked my file, and it says I've filed on Feb 6th, 2006 and my type of case takes 990 to 999 days. Nice to see my change changed from April 2004 to Feb 6th, 2006 - the wonderful cheery people at the 1-800 cannot explain that to me or tell me where my file is.

Anyhow so the question for this forum:

If I file for her I-129F, which embassy do I choose for her nonimmigrant visa interview? The help for the forum status "Country where the marriage to the US Citizen took place". The actual form states "If embassy is outside your fiances last known address it can be delayed processing or rejected" .... Again, clear as mud ... and we wonder why it takes forever huh?

Any help in this area would be helpful. I am this close to filing the I-129F, and let them take 2435454 years to process the GC. My concern is we just want to be together! Thank you for helping me ....

What's an I-190? Do you mean I-130?

Where in India did you get married? Or did you get married in Toronto?

Your post is confusing.

[meauxna 15]

Hi - l got married in India May 2003.

<snip>

If I file for her I-129F, which embassy do I choose for her nonimmigrant visa interview?

The regulation for a K-3 visa, as I understand it, is that the interview must take place in the country where the marriage took place.

[aussiewench 9]

gujboy75

lets see if I have this right.

You originally submitted the I-130 for your wife prior to you getting your citizenship? When, as that is not clear?

Your I-130 was transferred to California fron Nebraska on 12/2005???

Perhaps if you fill in your timeline too it will give us more of an idea on things.

CSC is currently processing I-130 petitions with a receipt date of September 02, 2005 so you have a bit of a wait there still.

meauxna is correct....a K-3 interview must be held at the embassy in the country where the marriage took place. If there is no post in that country then it is held in the closest post that serves that country.

As you were married in India, it will be there.

Edited March 10, 2006 by aussiewench

[Yodrak 7]

gujboy,

Agreed. You don't have a choice, unless India has multiple posts that issue K3 visas.

Be aware also that despite what the source you quoted says, visas are issued by consulates, not embassies, and the immigrant-visa issuing consulate in a country is not necessarily the consulate associated with the embassy. (Canada, for example, don't know about India.)

Yodrak

Hi - l got married in India May 2003.

<snip>

If I file for her I-129F, which embassy do I choose for her nonimmigrant visa interview?

The regulation for a K-3 visa, as I understand it, is that the interview must take place in the country where the marriage took place.

[gujboy75 0]

Sorry, typo it should be a I-130! Timeline:

Married in India while GC holder.

04/2004 - Filed for I-130 at Texas Service Center.

09/2005 - Becamse Citizen

12/2005 - Got a letter saying moved file to Cali processing center.

2/6/2006 - I guess the receipt date for Cali processing center acknowledging my file as stated by case status online.

Wife is in Toronto, Canada last few years. Section 19 of I-129F states:

Designation of U.S. Embassies or Consulates outside your finance's last residence does not guarantee acceptance for processing by that foreign post....

Actually - Embassies do give out NONIMMIGRANT visas ... visit any of their websites for that particular US Embassy and you can schedule an appointment if you are looking for a nonimmigrant visa (ie: travel visa etc). They do not process Permanent Visas, that is for the consulate ...

So the question: My wife's last known address for the past few years is Toronto ... so will a Canadian embassy/consulate do?

[aussiewench 9]

K visas whilst they are non-immigrant visas are processed in many ways as immigrant visas, so therefore K visas are issued by the consulate.

15. Most K3/K4 visas will be issued by the IV-processing post in the country. However, as K3/K4 visas must be issued in the country where the marriage to the U.S. citizen took place, some non-IV-issuing posts in regions where IVs are centralized in a post outside the country must be prepared to process these new NIVs

16. For those wed in countries where there is no U.S. visa-issuing post, K3/K4 applicants will be instructed to apply at the consular post designated to handle "homeless" IV cases for nationals of that country.

A K-3 visa must be issued in the country where the marriage took place. (Or see above if the country does not issue IV)

B. The U.S. citizen petitioner must also file a second petition, the I-129F, with BCIS for a non-immigrant visa (K3) on behalf of the alien spouse. The I-129F must be filed in the United States. This second petition must be approved by BCIS before the alien can begin K3 visa processing overseas. The K3 visa must be issued in the country where the marriage took place, if the marriage occurred outside of the United States.

http://travel.state.gov/visa/laws/telegrams/telegrams_1431.html

Designation of U.S. Embassies or Consulates outside your finance's last residence does not guarantee acceptance for processing by that foreign post....

If you get married outside of the country of residence eg your wife's residence was India at the time and she married you in say Canada, that it does not gurarantee that Canada will accept or process the visa application once the I-129F is forwarded there by NVC. It does not mean that one can designate an Embassy outside of the country of the marriage (at the time also residence).

In your wifes case she will have to return to India for issuance of a K-3 visa.

Hope this helps some.

Lorelle