Confused and suffering from prior laziness

[vamos 0]

My wife (US citizen) and I have only just sent away the $390 processing payment for the I-130 visa and we're starting to think we may have done the wrong thing.

We live in Scotland and my wife has a "Limited Leave to Remain" visa which expires in September this year.

We were initially doing the K3 visa when we decided to switch tracks; both the applications were approved and we didn't think it would take much longer to just go for the CR-1. However, we've been lazy and having finally decided to get things together we've found that getting my wife's taxes done for 2006 will not be as quick a process as we initially thought. We found out that I am going to have to apply for an ITIN which we've been told could take up to 12 weeks and only then can my wife file her taxes (even though all the money she earned in 2006 was in the U.K). This is going to delay our ability to return the I-864 form so much I don't know if we'll be able to obtain the visa before September. We want to do whatever it takes to avoid being separated.

In light of this I've got a few questions which I hope somebody here may be able to answer.

1. Will having already filed the fee for the CR-1 stop us from changing our minds and going back onto the K3 route?

2. My wife's father is going to be the co-sponsor for the I-864 as my wife works and lives in Scotland with me. I see that the I-134 form doesn't have any information on co-sponsors. Could my father-in-law be the sole sponsor or does the petitioner always have to be the sponsor for the I-134?

3. Will I be able to avoid having to come back to the U.K to get the I-130 visa and just file for adjustment whilst we're living in the US? (not greatly important but it would be really inconvenient seeing as I'm from Scotland and the embassy is in London)

[riblet 0]

First of all, they can't really expect your wife to have her 2006 taxes filed yet since the IRS doesn't even expect that. So you could still submit the I864 now, and have your wife file her taxes in case they want updated info at the interview.

Second, you can continue to pursue the K3 if you choose, the point at which the choice will basically be made for you is when the CR/IR1 arrives at the consulate, they should automatically cancel the K3.

I believe you would just submit two I-134s, but I'm not sure on that.

Finally, yes you can just adjust status in the U.S. and not return for the CR/IR1 interview BUT as I said before, I really wouldn't give up on the IR/CR1 just because of the tax issue... especially considering you've paid all the fees now.

Good luck with everything.

[Robor007 0]

As I understand it -- and someone please correct me if I'm wrong -- you don't have to wait for the taxes to go out and come back to submit them with your petition. I was told that all you needed is everything you're going to submit to the IRS. That's what I'm planning on doing. I Emailed my wife a completed W-7 so all she's got to do is print it, sign it, and date it. She's going to mail (DHL) it to me with a certified/notarized letter from the DFA (Dept of Foreign Affairs) that validates her passport. I'm going to send those documents along with my tax return. I will copy everything before I send it and send a copy to my wife so she has it for the interview.

[Reba 2]

YOu just have to have filed taxes for the last year that has been due, and since this years are not due until April, you should be good to go, unless she didn't file last year.

And I think you can just send in the W7 for the ITIN with the tax return, that's all we did IIRC. I could be wrong though, it was a few years ago.

What did you do with the K3 stuff after the I-129F was approved? Anything? When did you get the approval notice and the package from the consulate? I think they expire after 6 months. Check with the consulate to be sure, but if you send in the checklist and package 3 stuff, they should still schedule you an interview (assuming it hasn't expired).

As someone above mentioned however, if the CR1 stuff reaches the consulate before your K3 interview, the K3 stuff becomes void, and you'll have to wait on the CR1 to be complete.

[vamos 0]

Thanks for the advice everybody. I should've have mentioned that we don't have a tax return for 2005 only the W2, we'll have to get a transcript if we don't have to file for 2006 yet.

We received the K3 package in October last year, so if there is a six month expiration we haven't reached it yet. The NVC is asking for the I-864 to be filed to them so I take it they won't forward anything to the embassy until they receive everything they've asked for.

I'm worried about the difference in time it takes for the NVC to forward the information they receive to the embassy and the amount of time we would have to wait if we go down the K3 routh right now. Also, my father-in-law has a lot of other things to deal with in his family right now so, understandly, it will take him extra time get to his things together for the I-864.

Even after everything you've all said I'm still swaying towards going for the K3, even though we'll lose some money. I'm still unsure as to what we would do for the I-134 though.

We just really need to be sure that we'll be able to leave before September to avoid being separated.

[married2006 0]

Thanks for the advice everybody. I should've have mentioned that we don't have a tax return for 2005 only the W2, we'll have to get a transcript if we don't have to file for 2006 yet.

We received the K3 package in October last year, so if there is a six month expiration we haven't reached it yet. The NVC is asking for the I-864 to be filed to them so I take it they won't forward anything to the embassy until they receive everything they've asked for.

I'm worried about the difference in time it takes for the NVC to forward the information they receive to the embassy and the amount of time we would have to wait if we go down the K3 routh right now. Also, my father-in-law has a lot of other things to deal with in his family right now so, understandly, it will take him extra time get to his things together for the I-864.

Even after everything you've all said I'm still swaying towards going for the K3, even though we'll lose some money. I'm still unsure as to what we would do for the I-134 though.

We just really need to be sure that we'll be able to leave before September to avoid being separated.

the k/3 actually expires in 4 months,so looks like you got to pursue the cr/1

[Reba 2]

We received the K3 package in October last year, so if there is a six month expiration we haven't reached it yet. The NVC is asking for the I-864 to be filed to them so I take it they won't forward anything to the embassy until they receive everything they've asked for.

The I-864 is for the CR1, not the K3. For the K3 you'd have rec'd a package of DS forms to fill out, with a checklist and information on getting the medical exam. IF you don't send all that to the consulate, you don't get an interview (and if it does expire in 4 months, not 6 as I thought, then you're too late for K3 anyhow).

The I864 is the first step on the road to the CR1, and if you want to have that completed by September, you'd better get moving.

[vamos 0]

I understand that the I-864 is for the CR1, I wasn't being very clear. I was explaining that the CR1 won't superseed the K3 unless we send them the I-864 to get that ball rolling. Of course, if the K3 has expired none of this will matter as I will have no choice in the matter. I'm going to give the embassy a call to confirm when the K3 expires.

[vamos 0]

I just called the embassy and after taking my LND number they advised me that it will still be ok for me to follow the K3. They also said that their policy is that the forms should be returned ASAP but they don't have a specific set expiry time/date.