South Africa to USA

[mrsbrook 4]

Hi all

I'm brand new to this forum. So glad to have found it as the sheer volume of information is overwhelming. Please bear with me as I familiarise myself with this forum.

My husband is a USC and returned to the US from South Africa, where he has been living for most of his life, on 26 March. I'm still here. It took me three months just to gather the documentation needed to fie the I-130 - our government departments are painfully slow at producing unabridged marriage and birth certificates.

We finally managed to file the I-130 on 30 June, and we received our NOA1 three days later (WOW!) on 2 July.

Under advisement from our US-based immigration attorney, we are now preparing to also file the I-129 for the K-3, which we hope to have filed by the end of next week. Of course, it was our hope that we would 'cover our bases' by applying for both the CR1 and the K3, and then just go with the one that came through quicker.

I'm disheartened to read all the comments on other threads about the K-3 being 'obsolete' - please can someone fill me in on this? We don't care about the money - we just want to be together, and this separation is awful beyond words. I'm not sure how to insert my timeline in here, but it's really short at this point

I just want to know - how much longer are we looking at here until I can enter the US? Three months feels like 10 years already

Thank you

PS: If someone can please explain to me how to display my timeline beneath my posts? Thank you

[Boiler 44,950]

CR/1 etc seems to be about a year. Difficult to say at the moment, a lot of political issues could impact that.

K3's go back to when the process was several years, they take the same sort of time so are administratively closed. CR/1 is a better bet.

[Nick&Diane 32]

Welcome to the forum.

Like you we began this process after my husband had returned to the US last August. In many ways I think the first few months were the hardest because we were so comfortable living together and so unused to living apart. We have somewhat got used to our temporary situation and are generally okay except for bad days. We visit each other as often as our work, our finances and immigration rules allow.

We lived apart for a couple of years some years ago (albeit in the same country). The experience really strengthened our relationship. We're confident that we can withstand the tough times and we appreciate each other all the more when we are together.

Find ways to nurture your relationship and take care of each other even when you are so far apart. The time will pass and the day will come when you can start a brand new life together. It will be worth it.

[Ryan H 3,810]

Under advisement from our US-based immigration attorney, we are now preparing to also file the I-129 for the K-3, which we hope to have filed by the end of next week. Of course, it was our hope that we would 'cover our bases' by applying for both the CR1 and the K3, and then just go with the one that came through quicker.

I'm disheartened to read all the comments on other threads about the K-3 being 'obsolete' - please can someone fill me in on this? We don't care about the money - we just want to be together, and this separation is awful beyond words. I'm not sure how to insert my timeline in here, but it's really short at this point

This attorney is behind in the times. In 2006, USCIS implemented a policy of tying the two petitions together. The two petitions are usually adjudicated at the same time and a decision on them both usually comes at the same time. The two petitions are then sent to the NVC.

In 2010, the State Department implemented a policy of administratively closing the K3 when an approved I-130 is on-station. A K3 would only go forward at the NVC if it arrived ahead of the I-130. Even if the K3 survives the NVC, it can still be administratively closed by the Embassy or Consulate if the I-130 arrives at the NVC and the Embassy/Consulate learns that the I-130 is at the NVC as the approved I-130 is now on-station and the K3 is closed per procedure.

Sometimes, a K3 will survive all the way to an interview and will be granted. However, these instances are few and far between.

This is why you have seen comments in other threads about the K3 being obsolete, the procedural changes at USCIS and the State Department that I have spelled out above have made issuance of a K3 rare and filing for one now is in no way a time saver. Unfortunately, not too many attorneys appear to know about these procedural changes that have been implemented in the intervening years since the K3 came into existence.

[mrsbrook 4]

This attorney is behind in the times. In 2006, USCIS implemented a policy of tying the two petitions together. The two petitions are usually adjudicated at the same time and a decision on them both usually comes at the same time. The two petitions are then sent to the NVC.

In 2010, the State Department implemented a policy of administratively closing the K3 when an approved I-130 is on-station. A K3 would only go forward at the NVC if it arrived ahead of the I-130. Even if the K3 survives the NVC, it can still be administratively closed by the Embassy or Consulate if the I-130 arrives at the NVC and the Embassy/Consulate learns that the I-130 is at the NVC as the approved I-130 is now on-station and the K3 is closed per procedure.

Sometimes, a K3 will survive all the way to an interview and will be granted. However, these instances are few and far between.

This is why you have seen comments in other threads about the K3 being obsolete, the procedural changes at USCIS and the State Department that I have spelled out above have made issuance of a K3 rare and filing for one now is in no way a time saver. Unfortunately, not too many attorneys appear to know about these procedural changes that have been implemented in the intervening years since the K3 came into existence.

Hi Ryan H

Thanks for your response

Below is what our attorney told us. We decided to go ahead with the K3 as it doesn't cost anything extra, and we just thought it best to cover all our bases.

Here's another question in the meantime, if you can help? My husband will be coming back to South Africa for a visit in about two months from now (by then it will have been almost six months since we last saw each other). Would it be possible for us, when he gets here, to go the DCF route, or will this not be alllowed due to the fact that both the I-130 and the K3 have already been filed in the US?

Would appreciate your feedback.

"The K-3 process was first instituted several years back to cut down on wait time outside the U.S., and for a period of time it worked well, and was the preferred mode. In most recent years, this has not been the preferred practice because it did not seem to shorten the process at all.

The reason is that when you file the K-3, you must wait til it is approved and transmitted thru the Nat'l Visa C tr to the US Consulate and then go in for the visa to enter the U.S. to wait the I-130 approval. HOWEVER, if the I-130 is approved at any time before the K-3 processing is completed, then the K-3 is just cancelled and processing continues based solely on the I-130. Current govt estimated processing time for the K-3 is 5 months; and it cannot be filed until the I-130 is already on file and the I-130 receipt from Immig is received. (We have just filed the I-130, and hope to receive the govt receipt in the next 2-4 weeks.) Current announced processing times for the I-130 is also 5 months, SO if the govt lives up to its processing time on the I-130, then the I-130 approval will come in at the same time or shortly before the K-3; and the K-3 will be cancelled and will have been in vain.

The catch is that there are unconfirmed reports that Immig is lately not living up to its announced processing times of 5 months on the I-130. There are cases where it is apparently taking them even up to a year or so. Immig acknowledges that it has fallen behind but is making renewed efforts to meet the 5-month processing time. If it turns out in your case that Immig has lived up to its estimated I-130 processing time, then the K-3 will have been in vain. On the other hand, if Immig does not live up to its processing time, then the K-3 could potentially shorten your waiting time

outside the U.S., maybe by a short time or maybe even by several months. (For what it's worth, the last consular marriage case I did, the I-130 processing time ended up being only 2 months; and a K-3 would have been useless.)"

[mrsbrook 4]

Welcome to the forum.

Like you we began this process after my husband had returned to the US last August. In many ways I think the first few months were the hardest because we were so comfortable living together and so unused to living apart. We have somewhat got used to our temporary situation and are generally okay except for bad days. We visit each other as often as our work, our finances and immigration rules allow.

We lived apart for a couple of years some years ago (albeit in the same country). The experience really strengthened our relationship. We're confident that we can withstand the tough times and we appreciate each other all the more when we are together.

Find ways to nurture your relationship and take care of each other even when you are so far apart. The time will pass and the day will come when you can start a brand new life together. It will be worth it.

Thank you

The past three and a half months have been rough, probably at my lowest point right now. Realise I need to pull myself together if I'm going to make it there with my sanity (if not my dignity!) intact.

Have you been able to go to the US to visit him since filing the I-130? I didn't think that was allowed?! My husband is planning a trip back here in the next two months or so to 'break the drought', so worst-case scenario is another 8-10 weeks till I see him.

All I can say is thank goodness for Skype, FaceTime and Facebook...this separation would be infinitely harder without them.

Good luck to you two!

[Ryan H 3,810]

Below is what our attorney told us. We decided to go ahead with the K3 as it doesn't cost anything extra, and we just thought it best to cover all our bases.

I read what they told you. This particular attorney seems to be well aware of administrative closure but no so much of the tying of the two petitions together. I'm not trying to discourage you from filing a K3, I'm only stating what your expectations should be based on the experiences others have reported.

Here's another question in the meantime, if you can help? My husband will be coming back to South Africa for a visit in about two months from now (by then it will have been almost six months since we last saw each other). Would it be possible for us, when he gets here, to go the DCF route, or will this not be alllowed due to the fact that both the I-130 and the K3 have already been filed in the US?

Would appreciate your feedback.

DCF will not be possible for you. In order for that to have been possible, the petitioner has to be residing in the country on a long-term stay visa or residence permit (tourist visa extensions do not count) for 6 months prior to having filed the petition.

Edited July 13, 2014 by Ryan H

[mrsbrook 4]

I read what they told you. This particular attorney seems to be well aware of administrative closure but no so much of the tying of the two petitions together. I'm not trying to discourage you from filing a K3, I'm only stating what your expectations should be based on the experiences others have reported.

DCF will not be possible for you. In order for that to have been possible, the petitioner has to be residing in the country on a long-term stay visa or residence permit (tourist visa extensions do not count) for 6 months prior to having filed the petition.

Thanks for clearing up the I-130/K3 issue - I'll let my attorney know

The DCF: my husband (the petitioner) lived in South Africa for more than 35 years (from age 6) - he holds dual USA/South African citizenship. He went back to the USA three and a half months ago for work. Will this qualify us for DCF?

[Boiler 44,950]

I do not know if you can DCF in South Africa but he would need to move back if you want and can go that route.

Do you have a US Visitor Visa?

[Ryan H 3,810]

The DCF: my husband (the petitioner) lived in South Africa for more than 35 years (from age 6) - he holds dual USA/South African citizenship. He went back to the USA three and a half months ago for work. Will this qualify us for DCF?

If he had wanted to utilize DCF, then the petition should have been filed at the USCIS field office in Johannesburg before he left South Africa for the US. Now that a petition has been filed stateside, that particular one would have to be withdrawn so a new one can be filed.

Edited July 13, 2014 by Ryan H

[mrsbrook 4]

If he had wanted to utilize DCF, then the petition should have been filed at the USCIS field office in Johannesburg before he left South Africa for the US. Now that a petition has been filed stateside, that particular one would have to be withdrawn so a new once can be filed.

Thanks for clarifying...really wish we had known about the DCF route before he left. Would've saved so much time and heartache

Thanks again

[Nick&Diane 32]

Yes, I have travelled to the US three times since we filed the i130. I have travelled on the visa waiver program, I stayed for 2 weeks, 2 weeks and 11 weeks. I brought evidence of our petition and my ties to the UK when I travelled but was never asked to produce them. On the 11 week trip I did have a short conversation with the border patrol officer. I confirmed that I understood the rules and didn't intend to overstay, he was satisfied with that.

The rules are that you CANNOT enter the US on a visitor visa if you have shown intent to change status (ie filed for an immigrant visa). However the rules are also that you CAN enter the US on a visitor visa if you do not intend to change status on that visit. It boils down to the discretion of the POE officer. It is a good idea to bring evidence of ties to your home country in order to convince the officer that you do not intend to overstay or attempt to adjust status.

Do you have a visitor visa or is South Africa in the Visa Waiver Program?

We're in the same boat as you in terms of DCF. If only we had understood the process before Nick went to the States. We would have been finished months ago.

You can't DCF at this point, unless your husband returns to live in South Africa as a permanent resident for six months first.

We actually got bad advice from an immigration attorney on the DCF. Nick went to over to the US to job hunt and basically got hired straight off. He didn't come back to the UK! I do wonder if he had whether we could have still done DCF, the attorney who advised me said we couldn't but I'm not convinced. But what's done is done.

We have been very up and down with the process. At times, particularly at the beginning, it was very hard. Recently we have coped much better with it, mostly because we feel that the hump is behind us and the end is just round the corner. It's a classic Kubler-Ross curve situation.

Edited July 13, 2014 by Nick&Diane

[Boiler 44,950]

Do you have a visitor visa or is South Africa in the Visa Waiver Program?

[Nick&Diane 32]

South Africa's adjusted visa refusal rate for 2013 was 2.6% - it almost qualifies and if the Visa Waiver Program was modified as discussed in congress in 2006, then SA would be included.

Sorry OP - this program is not open to you. Do you have a visitor visa for the US?

[mrsbrook 4]

South Africa's adjusted visa refusal rate for 2013 was 2.6% - it almost qualifies and if the Visa Waiver Program was modified as discussed in congress in 2006, then SA would be included.

Sorry OP - this program is not open to you. Do you have a visitor visa for the US?

Hi Boiler

What's an 'OP'? Sorry - getting used the terminology on this forum

No, I don't have a visitor visa unfortunately.

My husband is planning to come for a visit in a month or two though, so the drought will be broken a bit.

I also don't understand the 'refusal rate' you quoted above - can you explain a bit?

Hi Boiler

What's an 'OP'? Sorry - getting used the terminology on this forum

No, I don't have a visitor visa unfortunately.

My husband is planning to come for a visit in a month or two though, so the drought will be broken a bit.

I also don't understand the 'refusal rate' you quoted above - can you explain a bit?

Sorry...meant "Nick&Diane"