Wife is Canadian but she's working in Korea

[CANADA1031 0]

As stated in the above topic. my wife and i got married 31OCT11 and I just filed a i-130 to the Chicago drop-box for her immigration.

Our situation is that shes teaching in Korea for the next year. will this be a problem when it comes time for her interview etc?

Also I'm looking into filing for a green-card for her what process should i follow? i was thinking of getting her a k3 visa for the time so she can come back and live with me while the green-card process is going through, is this not a good way to go or should i just file for the green card only?I'm really lost and trying to do all of this by myself any help would greatly be appreciated.

What would be the most cost effective and speedy way to go about do this? i really need any and all the help i can get. the i-130 will be dropped off in Chicago tomorrow 17JAN 11

Thanks!

-Noa

[dukeandduchess 141]

As stated in the above topic. my wife and i got married 31OCT11 and I just filed a i-130 to the Chicago drop-box for her immigration.

Our situation is that shes teaching in Korea for the next year. will this be a problem when it comes time for her interview etc?

Also I'm looking into filing for a green-card for her what process should i follow? i was thinking of getting her a k3 visa for the time so she can come back and live with me while the green-card process is going through, is this not a good way to go or should i just file for the green card only?I'm really lost and trying to do all of this by myself any help would greatly be appreciated.

What would be the most cost effective and speedy way to go about do this? i really need any and all the help i can get. the i-130 will be dropped off in Chicago tomorrow 17JAN 11

You already filed for the I-130 which means you don't need to file for a green card or a K3. K3 is basically non-existent now anyway. Your wife will be issued a 10 year green card once she moves to the US (based on your I-130).

Here is a guide for the CR-1 (I-130):

http://www.visajourney.com/content/i130guide1

You should definitely read a bit more on VJ because you seem a bit confused. You may have some problems - if your application goes through quite quickly (which is doubtful, but it happens) your visa may expire before she is done in Korea (not sure how long CR-1 visa's have until they expire).

I believe she can get the case transferred to the Korean consulate but I am not 100%. I'm sure another VJ member can answer with more certainty.

Here is a comparison to help you (Obviously you are not eligible for K1):

http://www.visajourney.com/content/compare

Good luck!

[Flames9_RN 358]

You already filed for the I-130 which means you don't need to file for a green card or a K3. K3 is basically non-existent now anyway. Your wife will be issued a 10 year green card once she moves to the US (based on your I-130).

Here is a guide for the CR-1 (I-130):

http://www.visajourney.com/content/i130guide1

You should definitely read a bit more on VJ because you seem a bit confused. You may have some problems - if your application goes through quite quickly (which is doubtful, but it happens) your visa may expire before she is done in Korea (not sure how long CR-1 visa's have until they expire).

I believe she can get the case transferred to the Korean consulate but I am not 100%. I'm sure another VJ member can answer with more certainty.

Here is a comparison to help you (Obviously you are not eligible for K1):

http://www.visajourney.com/content/compare

Good luck!

married for LESS than 2 yrs = a 2 yr greencard.

[dukeandduchess 141]

married for LESS than 2 yrs = a 2 yr greencard.

You're right, my bad. Still a green card though.

[BBCC 16]

Also I'm looking into filing for a green-card for her what process should i follow? i was thinking of getting her a k3 visa for the time so she can come back and live with me while the green-card process is going through, is this not a good way to go or should i just file for the green card only?I'm really lost and trying to do all of this by myself any help would greatly be appreciated.

-Noa

The way the K-3 works is you can't petition for it with I-129F until you have already filed a I-130 for the CR-1 (green card).

So what we did was as soon as we received our NOA1 for the I-130, file for the I-129F for K-3 immediately. This route costs more but if they take a long time to process your I-130, you then can proceed to the US with the K-3 sooner while they finish with your I-130 petition. The alien spouse merely waits in US without a green card (if they REALLY drag on with the I-130, you can apply for temporary work authorization while waiting in the US).

[Darnell 8,478]

if you haven't mailed it yet.

please consider to have her 'current address' as Korea, then much later she will interview in Korea.

It will be less time than if she interviews in Montreal.

Also - once she's come into the USA, she not need to apply for any greencard, as

all of that paperwork, processing and interview stuff was the precursor for her greencard -

the greencard is mailed to her within 30 days of her arrival in the USA.

She'll need a PCC from Canada - but not worry about that until the I-130 is approved, for now.

There are two reasons I am suggesting Korea:

1. faster to process than Montreal and

2. she'll be in Korea already - easier to get the Korean PCC there, whilst she's there. a big PITA to get it after she leaves Korea.

[Inky 1,110]

filed a I-130 for the CR-1 (green card).

A CR-1 is not a green card it is a spousal visa that allows you entry to the USA and then you get a green card after entering the USA.

[CANADA1031 0]

Thanks guys!

To sum it up i already fudged up on sending the i-130 i forgot to include a copy of my birth certificate big whoops! easy fix but how long between recieveing the RFE and me sending back the correction, will they have to continue processing the i-130.

Shes getting all of her records ready now i.e. her police records from both canada and korea, her birth certificate (long one), and hopefully her vaccination records. but the docotor in korea can waive these correct? assuming canada has similar vaccinations as the US.

also im currently in the military thats how we met in korea. im stationed in hawaii right now while she teaches out there and we try to wait this whole process out. if it gets done in 6 months she'll be back in 6 months but if it takes the normal 8 months we will have to wait patiently.

Edited January 19, 2012 by noa8973

[Darnell 8,478]

study the timeticks on a CR-1 visa - noting that PCC have a validity duration on them,

and try to get the PCC requests started right after the NOA-2 on the I-130.

is a gamble to start them now...

[Inky 1,110]

Thanks guys!

To sum it up i already fudged up on sending the i-130 i forgot to include a copy of my birth certificate big whoops! easy fix but how long between recieveing the RFE and me sending back the correction, will they have to continue processing the i-130.

Shes getting all of her records ready now i.e. her police records from both canada and korea, her birth certificate (long one), and hopefully her vaccination records. but the docotor in korea can waive these correct? assuming canada has similar vaccinations as the US.

also im currently in the military thats how we met in korea. im stationed in hawaii right now while she teaches out there and we try to wait this whole process out. if it gets done in 6 months she'll be back in 6 months but if it takes the normal 8 months we will have to wait patiently.

An RFE stops all work on the petition until the requested evidence is returned. When its returned it can take 1-2 weeks for them to look at it and go over your file again depending on how busy the person is that has your case.

[CANADA1031 0]

An RFE stops all work on the petition until the requested evidence is returned. When its returned it can take 1-2 weeks for them to look at it and go over your file again depending on how busy the person is that has your case.

Good to know. I have been researching the PCC thing and apparently the PCC is good for up to a year of it being issued. I'm gonna call the seoul embassy just to double check.

Edited January 20, 2012 by noa8973

[CANADA1031 0]

I got my NOA2 now jsut waiting on the NVC and my wife to get her documents together. how long does it take to get a police record from Canada and how long is it good for? she already has one from before she left 2010 june time frame.

[warlord 73]

Also remember after the process and she does get a Green Card, she must maintain US residency. So hopefully she will be done with teaching in Korea or she could be revoked of her Green Card if she hasn't taken the proper steps to secure a re-entry permit if allowed while being outside of the US working.

If she will be done by the time she gets the GC, then you are fine since you will both be residing in the US...

[SapphireDreams 71]

I got my NOA2 now jsut waiting on the NVC and my wife to get her documents together. how long does it take to get a police record from Canada and how long is it good for? she already has one from before she left 2010 june time frame.

I think they are good for 6 months, so she'll need to get a new one for this process.

[CANADA1031 0]

Also remember after the process and she does get a Green Card, she must maintain US residency. So hopefully she will be done with teaching in Korea or she could be revoked of her Green Card if she hasn't taken the proper steps to secure a re-entry permit if allowed while being outside of the US working.

If she will be done by the time she gets the GC, then you are fine since you will both be residing in the US...

oh she will be moving back as soon as she gets her visa and wont go back to korea anymore to work.. unless i get stationed there again then its onto the next question..

will she be able to use that green card with me moving every couple years to possibly different over seas assignments? just fill out a change of address correct?