Questions about petitoning for my spouse??

[Steph1988 11]

Hi i am a us citizen. My husband is from scotland. We got married 8 months ago here in the united states while he was on a visa waiver. He did over stay his visa waiver but not over the time frame for a ban to be placed. He is now back home and we want to go through the process the right way and file a petition for alien relative! A few things are confusing me and would like some help! Ok i know the filing fees and most of the steps! When he goes for his interview (in london) does he have to pay any additional fees for the visa its self? Also from what i am seeing there seems to be only one doctor in london to do a medical exam! Again he lives in scotland, so if this is the case he would have to travel twice to london! We arent the riches people in the world. Also how many co sponsers can i have for the affidat of support? I know i dont meet the income requirments on my own for our family of four. Do i have to live with the co sponser? At the moment i am living with family. Does it matter? Or do i NEED to have my own place? Also when does the affidat of support need to be submitted does he take this to the interview?? I am planning on filing a k-3 after i recieve my first NOA. Anyone with expreince know how long it takes? We really want our familyy back together asap

[Anh map 2,098]

If money matters then the K3 would not be good. More fees and steps. Stick with the CR1 (I-130).

It will take several months to complete the process. No way around it. It is survivable.

There is a visa fee. The London embassy website has loads of good info about the process. Sometimes you have do a little digging on there. But it's pretty good. Also, there are lots of VJ members that have London experieince. Do some reading in the UK regional forum.

Any US citizen or green card holder can be a joint sponsor. The form the you will be using is the I-864. The instructions are very detailed. Also use this FAQ for the I-864 to answer some questions >> http://travel.state.gov/visa/immigrants/info/info_3183.html

[Little_My 464]

Isn't the K3 a non-existent process these days? You should just be looking into the CR1 process and read related guides and instructions. The good news is that once he gets the visa, he immediately becomes a legal permanent resident when entering the US and can start working as soon as he gets here - but it will take several months, there is no getting around that.

Edited April 23, 2011 by Mrs.Finland-USA

[Steph1988 11]

I dont know :/ i would think the k3 visa is still going on it doesnt say any diffrent on the uscis website? I was hoping it would be faster doing it that way. We have an 11 month old baby together and my oldest son from a previous relationship who has taken to him on as his daddy. This really sucks but im sure you all can relate

[JAPrincess 27]

Hi Steph, I can completely relate! Our daughter is 15 months and my son is 7. He asks almost every day when his step dad will be able to come the money is not easy! But somehow it all comes together as it should. Keep your faith! VJ is an amazing place for help and support through the long process. VJ, Skype and a good international calling plan is the only thing that has gotten me through the past 2 years. I also think the CR1 is the best way to go.

As for the affidavit of support, it does not matter that you live with family. Your income must qualify at 125% above poverty for those you are supporting and the immigrant you are filing for. If you need a co-sponsor they can be anywhere in the US, and they would not need to prove they can support all four of you, only him and whoever else they claim on their taxes.

I believe the co-sponsor paperwork is not needed until the interview.

I pray your journey is a smooth one!

[Steph1988 11]

Hi Steph, I can completely relate! Our daughter is 15 months and my son is 7. He asks almost every day when his step dad will be able to come the money is not easy! But somehow it all comes together as it should. Keep your faith! VJ is an amazing place for help and support through the long process. VJ, Skype and a good international calling plan is the only thing that has gotten me through the past 2 years. I also think the CR1 is the best way to go.

As for the affidavit of support, it does not matter that you live with family. Your income must qualify at 125% above poverty for those you are supporting and the immigrant you are filing for. If you need a co-sponsor they can be anywhere in the US, and they would not need to prove they can support all four of you, only him and whoever else they claim on their taxes.

I believe the co-sponsor paperwork is not needed until the interview.

I pray your journey is a smooth one!

Thanks! Yours as well!

[Ryan H 3,810]

I am planning on filing a k-3 after i recieve my first NOA. Anyone with expreince know how long it takes? We really want our familyy back together asap

Isn't the K3 a non-existent process these days? You should just be looking into the CR1 process and read related guides and instructions.

OP: Don't bother pursuing a K3, USCIS ties both petitions together and will eventually approve both petitions at the same time and send them to the NVC together. The NVC would then administratively close the I-129F. Furthermore, USCIS ties the petitions together by pulling your I-130 from queue and send it to the back to join the I-129F that would have just arrived.

[Steph1988 11]

OP: Don't bother pursuing a K3, USCIS ties both petitions together and will eventually approve both petitions at the same time and send them to the NVC together. The NVC would then administratively close the I-129F. Furthermore, USCIS ties the petitions together by pulling your I-130 from queue and send it to the back to join the I-129F that would have just arrived.

So basically its just a waste of time? Do you have to pay for adjustment of status if you just file and wait for the petitioned to be approved? From what i read you get CR at port of entry

[Mal and Meg 12]

The CR1 route is the best way to go for you. Im also from scotland and had to do 2 trips to london which was not cheap at all, its a bit unfair the embassy in edinburgh doesnt give visas grrrr!im not sure what the CR! fee is but the medical is 200 which he will pay on the day, the visa fee you pay before the interview

[Steph1988 11]

The CR1 route is the best way to go for you. Im also from scotland and had to do 2 trips to london which was not cheap at all, its a bit unfair the embassy in edinburgh doesnt give visas grrrr!im not sure what the CR! fee is but the medical is 200 which he will pay on the day, the visa fee you pay before the interview

Yes i do find it unfair that they wont handle the process for the scots there in edinburgh..which would be great if they did because thats where he lives! This is so complicated and i am trying to do all my researching. So i take it there is no where else to do medical exam other then london? :/

[Ryan H 3,810]

So basically its just a waste of time? Do you have to pay for adjustment of status if you just file and wait for the petitioned to be approved? From what i read you get CR at port of entry

There is no adjustment of status for a CR-1. What you have ready is correct, the green card is issued in the form of an I-551 stamp at the POE, the actual card will arrive a short time later.

[canadian_wife 1,808]

K-3 has a $1000+ adjustment of status fee. The Cr-1 doesn't

So if you are concerned about money, the Cr-1 is the way to go

Also, your spouse can no longer visit you in the US on the VWP, if he wants to visit you, he'll need a tourist visa

Good luck

[Helen Louise Pile 80]

The CR1 route is the best way to go for you. Im also from scotland and had to do 2 trips to london which was not cheap at all, its a bit unfair the embassy in edinburgh doesnt give visas grrrr!im not sure what the CR! fee is but the medical is 200 which he will pay on the day, the visa fee you pay before the interview

There is no embassy in Edinburgh. It is a consulate. It all goes through the embassy in London.

It would be great if it could be done at the consulate in Edinburgh instead of the Embassy in London!!

It doesn't have to be expensive to go to London. I made the 2 trips very cheaply on the megabus. It was time consuming but worth it!

Good luck with everything!

Edited April 25, 2011 by Helen Louise Pile