130/129F process (K3 visa) questions!

[rajee 1]

Ok so I know I'm a newbie here - I hope I'm not asking for too much...

So here's the situation. I'm a USC - I'm working as a physician (in fellowship). My fiancee, who will be my spouse when I apply, is in Delhi, India and is working there.

I went to an InfoPass appointment in Newark and it was just about a complete waste of my time. I had questions regarding the filing of 130 and 129F together and the officer was initially confused and then seemed to not understand why I was even asking (when in fact the official route is waiting for the NOA before filing the 129F) ... I also asked some questions about the process at the processing center and also abroad ... Anyway - long story short I didn't get answers to these questions from the appointment;

I was HOPING to do the "file the 130 and 129F together" trick using a copy of the 130 with the 129F as 'proof of filing' ... my ONLY concern is if anyone has received an RFE or had their application affected ADVERSELY by doing this .... Please let me know what you think about that ...

And now on to my billions of questions (well, not really billions lol)

1) For the 130 and 129F, do I need only provide marriage certificate and other proofs listed on the instructions regarding marriage - or do I ALSO submit photos, communication, etc with those forms? My understanding is that I do not submit those extra things at this time, and I am supposed to wait until my spouse is about to have her interview and then make sure she has all of those 'extra' proofs.

1a) In the same regard, should i include my employment letter and proof of my financial status at this time or, as above, wait until it is her time to give an interview and supply her with those papers along with an I-134?

2) Does a prior tourist visa rejection (for the USA) on my spouse's record have any effect on my sponsorship of her as my wife? To my knowledge, these two things are unrelated and there is no connection so long as our marriage is bona fide.

2a) Also, I had a previous marriage which ended in an annulment - my ex got conditional residence through that marriage which I applied for in 6/05, and she has been out of the country to my knowledge for over 1.5 years) and this is her first marriage - I hope this is not of any concern either.

I know I have to answer all questions truthfully and I intend to explain the same information on the I-130. I don't remember the exact dates but I've been in NJ all along so when it says "place filed" for previous petitions, I'm not sure what they mean. The interview was in Newark and she got conditional PR at the time (it'll expire in 2 months I think). The 129F also asks if I applied for anyone but I haven't filed that petition before so that should be a simple "no" (it is also asking for the A#, which I don't think the 130 asks for) ... Where could I get the A#, and other info regarding the ex's filing (I don't think I kept anything - bad memories)?

3) If we use my wife's new MARRIED surname on the I-130, I-129F, and whatever other forms we have to submit, is that okay if her Indian passport has her MAIDEN surname (also wedding card etc)? What do I need to make sure there's no snags due to the name change. We plan to have a marriage certificate proving that her name has changed ... But I want to make sure there will be no problems with the different names when she goes to get her visa at the end and the passport has the maiden name, while the sponsorship papers and her packet 3/4 papers have the new married name ...

4) This last question is regarding the process in India. Once my wife receives Packet 4 and has to do the medical exam, police certification, etc ... Can my wife start getting this stuff together immediately to save time? My understanding is that this can be done for the police paperwork ... What is the duration of the validity of this police background check - my understanding is that it is one year, so it will easily be still valid when we apply and she has her interview. In other words, she could get working on that immediately since I'll file the petitions within 5-6 weeks.

Also, similar to the previous question - Is she able to get her medical examination done early by one of the doctors on the list (I found the panel list online on your site)??? Or does she have to wait for the packet 4 in order to have the examination?

5) Last couple of things - I think when it asks for 'employer' for my fiancee I have to put her foreign employer's address and information (even though, of course, she doesn't have any work/career ties here in the USA). It just seemed like info they don't really need to have but I'll fill it out anyway.

Also, do we put our marital statuses as MARRIED on all forms because we will be married at the time ... My annulment can be explained via extra letter and official annulment decree ... right?

I know it's a lot of questions but I just want everything to go smoothly.

Again - THANKS SO MUCH in advance for any and all advice - I tried to ask all of these questions but the officer was not the most polite and frankly seemed to be in a rush ... He also didn't seem to be very knowledgeable outside of knowing how to fill forms.

[AandLKC 1]

1) For the 130 and 129F, do I need only provide marriage certificate and other proofs listed on the instructions regarding marriage - i haven't submitted anything else you do need marriage certificate

1a) In the same regard, should i include my employment letter and proof of my financial status at this time No you don't have to do that now ... you have to provide that at NVC

2) Does a prior tourist visa rejection (for the USA) on my spouse's record have any effect on my sponsorship of her as my wife? To my knowledge, these two things are unrelated and there is no connection so long as our marriage is bona fide. tourist visa denial shouldn't affect ??

2a) Also, I had a previous marriage which ended in an annulment - my ex got conditional residence through that marriage which I applied for in 6/05, and she has been out of the country to my knowledge for over 1.5 years) and this is her first marriage - I hope this is not of any concern either.

I know I have to answer all questions truthfully and I intend to explain the same information on the I-130. I don't remember the exact dates but I've been in NJ all along so when it says "place filed" for previous petitions, I'm not sure what they mean. The interview was in Newark and she got conditional PR at the time (it'll expire in 2 months I think). The 129F also asks if I applied for anyone but I haven't filed that petition before so that should be a simple "no" (it is also asking for the A#, which I don't think the 130 asks for) ... Where could I get the A#, and other info regarding the ex's filing (I don't think I kept anything - bad memories)?

3) If we use my wife's new MARRIED surname on the I-130, I-129F, and whatever other forms we have to submit, is that okay if her Indian passport has her MAIDEN surname (also wedding card etc)? What do I need to make sure there's no snags due to the name change. We plan to have a marriage certificate proving that her name has changed ... But I want to make sure there will be no problems with the different names when she goes to get her visa at the end and the passport has the maiden name, while the sponsorship papers and her packet 3/4 papers have the new married name ...

my wife is still using her maiden name. in her passport they will seal and write you name as husband that is how i did it

4) This last question is regarding the process in India. Once my wife receives Packet 4 and has to do the medical exam, police certification, etc ... Can my wife start getting this stuff together immediately to save time?

the indian PCC (police clearance certificate) only has a validity of 6 months and you need two certificate one from the local police station alonge with PCC.

with the delay in processing time in U.S if you can take the time off it will be faster to do a DCF ( direct counselor filing) in New Delhi

Edited December 13, 2007 by anish and lijy

[ColombianoGringo 0]

I filed my petitions together and got NOA1 for both petitions within a month. I have not yet been approved, but neither have I received any RFE. If they were not going to accept it like that, I doubt they would have issued an NOA1 for the I-129F. There is more info in the link in my signature.

Edited December 13, 2007 by ColombianoGringo