K-3 Visa Petition by US Citizen while out of country

[Mari_S 1]

Hi Guys!

Just a quick question...Can a USC file or start the K-3 Visa Petition process while he/she is out of the country (i.e., vacation outside of the US)? Can somebody file it in his/her behalf? I was just wondering though - we could have done this but didn't know if it will work. Michelle and I were married May and we just file this month - we were thinking of filing it right after our wedding but we were both in the Philippines at that time...

(If the answer is yes to my question then i'll probably regret this for the rest of my life...hehehehe!

Hoping for you replies! Thanks!

[YuAndDan 153]

Yes you can, you would first file I-130, then wait for NOA1 to arrive then mail in I-129F.

You need to fill out and sign the forms first and either send them to someone in the states and they would just mail them to USCIS, or you could just send the I-130 directly to USCIS from the overseas address, using USA address as home living address for them to send correspondence, and when NOA 1 for I-130 shows up then have someone mail in the I-129F (that you prepared and sent them) attaching the I-130 NOA1.

One consideration, Lately CR-1 visa has taken a few weeks longer to reach Manila, than K-3. The CR-1 is an immigrations visa, that generates a green-card allowing work auth upon entry to the USA. The CR-1 is less expensive than K-3 (No AOS or trip back to Manila to interview for the CR-1 from K-3). Have you seen how much AOS will cost starting next Monday ($1010).

[YuAndDan 153]

See similar post regarding K-3 option.

http://www.visajourney.com/forums/index.php?showtopic=79858

[Mari_S 1]

Yes you can, you would first file I-130, then wait for NOA1 to arrive then mail in I-129F.

You need to fill out and sign the forms first and either send them to someone in the states and they would just mail them to USCIS, or you could just send the I-130 directly to USCIS from the overseas address, using USA address as home living address for them to send correspondence, and when NOA 1 for I-130 shows up then have someone mail in the I-129F (that you prepared and sent them) attaching the I-130 NOA1.

One consideration, Lately CR-1 visa has taken a few weeks longer to reach Manila, than K-3. The CR-1 is an immigrations visa, that generates a green-card allowing work auth upon entry to the USA. The CR-1 is less expensive than K-3 (No AOS or trip back to Manila to interview for the CR-1 from K-3). Have you seen how much AOS will cost starting next Monday ($1010).

I knew it! We should have filed 2 months ago but had hesistations because we though USCIS might do a "check up" on my wife if she is really at her States address. Well, can't cry over spilled milk can i? hehehehe! Anyways, you've been very helpful. We've actually considered your advice before - especially if we will be basing our decision on the fee increase. The truth is, i just want to be with my wife as soon as possible and start with building our our family and our careers in the States.

Anyways, do i really need to go back to Manila for the CR-1 for K-3? I was under the impression that AOS will be done while i am at the States and my CR-1 Visa will be issued there also...

Thanks again!

[payxibka 10,045]

Anyways, do i really need to go back to Manila for the CR-1 for K-3? I was under the impression that AOS will be done while i am at the States and my CR-1 Visa will be issued there also...

If you enter the states on a K-3 visa and you decide to adjust status here you will NOT receive a CR-1 visa you will receive your greencard. Subtle if not a big difference.

[Urge To Race 2]

You can now file both I130 and I129F together in the same envelope, no need to wait for the NOA1. Also, mail directly to VSC or CSC depending on the place of your permanent US residence.

Yes you can, you would first file I-130, then wait for NOA1 to arrive then mail in I-129F.

You need to fill out and sign the forms first and either send them to someone in the states and they would just mail them to USCIS, or you could just send the I-130 directly to USCIS from the overseas address, using USA address as home living address for them to send correspondence, and when NOA 1 for I-130 shows up then have someone mail in the I-129F (that you prepared and sent them) attaching the I-130 NOA1.

One consideration, Lately CR-1 visa has taken a few weeks longer to reach Manila, than K-3. The CR-1 is an immigrations visa, that generates a green-card allowing work auth upon entry to the USA. The CR-1 is less expensive than K-3 (No AOS or trip back to Manila to interview for the CR-1 from K-3). Have you seen how much AOS will cost starting next Monday ($1010).