Forced into CR-1 from K-3 petition--Help!!

[visaveteran1 33]

Looking for some help and clarity. I filed for K-3 but had my I-130 approved recently and petition is at NVC, or at least I have a NVC claim number. The word on the street is that the K-3 is dead since late July 2007. Everyone trying K-3 has had their I129F "administratively closed." Thus forcing K-3 filers into CR-1 filers.

My chief concern at the moment is the new requirement to provide the NVC with "original documents" for birth, marriage, divorce certificates (or certified copies from issuing authorities). OK...it seems that if i want to try the shortcuts, i need for my wife to send me the DS-230 signed and all the original documents mentioned asap. I'm worried because my wife does not speak good English and now she has to run around and get certified copies or risk sending the originals and having them get lost. It seems the NVC has lost its mind asking for such important documents in original form or making people run around and get certified copies of older documents like divorce papers. There will also be a sizable cost to DHL the docs to me.

With a K-3 petition, all the originals are brought to the interview. allowing for the beneficiary to maintain control of originals, but now that has changed. Before i have my wife run around Russia and gather all these documents, i wanted to check in with this forum to make sure I have this right.

I should note that the Moscow Embassy is one of those "Appointment Posts," thus seemingly requiring documents to be sent to NVC.

I don't want to tell my wife she has to run around and gather the required documents until I'm certain this is required. Please advise.

Thanks.

[Chris Parker 11]

Looking for some help and clarity. I filed for K-3 but had my I-130 approved recently and petition is at NVC, or at least I have a NVC claim number. The word on the street is that the K-3 is dead since late July 2007. Everyone trying K-3 has had their I129F "administratively closed." Thus forcing K-3 filers into CR-1 filers.

You should still be able to get a K3 so long as the I-130 doesn't reach the embassy first. That's pretty easy to do if you want it, just don't submit any fees or documents to NVC until the K3 is issued. You can continue consular processing at that point, or tell NVC to send the petition back to USCIS for adjustment of status if you want that. However, you are better off getting the immigrant visa with the I-130 if possibly an extra 2-3 months doesn't bother you (as opposed to possibly more if the I-129F remains undecided).

My chief concern at the moment is the new requirement to provide the NVC with "original documents" for birth, marriage, divorce certificates (or certified copies from issuing authorities). OK...it seems that if i want to try the shortcuts, i need for my wife to send me the DS-230 signed and all the original documents mentioned asap. I'm worried because my wife does not speak good English and now she has to run around and get certified copies or risk sending the originals and having them get lost. It seems the NVC has lost its mind asking for such important documents in original form or making people run around and get certified copies of older documents like divorce papers. There will also be a sizable cost to DHL the docs to me.

Yeah, that's all true. You can have certified copies made at a civil notary in Russia, though I didn't try sending those in (if you do submit certified copies, NVC will probably accept them, but the consulate will still probably want to see the originals at the interview). You can also get duplicate originals if you do some running around applying for them. Or, you can just send in the originals you have already. I'd at least keep a copy (or, even better, a certified copy) if you are sending NVC the only originals you have. Also, be sure to send NVC a regular copy of each original included in the package, and attach another copy to every translation included in the package, bring a regular copy to the interview, and also keep a copy for yourselves too! Include a post-it note on each original with your name, case #, and the title of the document in English.

We did get our originals back at the interview in Moscow without even asking, but some people have had trouble doing that, and NVC sometimes temporarily scares you by issuing an RFE for an original document you already sent in.

Edited February 20, 2008 by Chris Parker

[visaveteran1 33]

Looking for some help and clarity. I filed for K-3 but had my I-130 approved recently and petition is at NVC, or at least I have a NVC claim number. The word on the street is that the K-3 is dead since late July 2007. Everyone trying K-3 has had their I129F "administratively closed." Thus forcing K-3 filers into CR-1 filers.

You should still be able to get a K3 so long as the I-130 doesn't reach the embassy first. That's pretty easy to do if you want it, just don't submit any fees or documents to NVC until the K3 is issued. You can continue consular processing at that point, or tell NVC to send the petition back to USCIS for adjustment of status if you want that. However, you are better off getting the immigrant visa with the I-130 if possibly an extra 2-3 months doesn't bother you (as opposed to possibly more if the I-129F remains undecided).

My chief concern at the moment is the new requirement to provide the NVC with "original documents" for birth, marriage, divorce certificates (or certified copies from issuing authorities). OK...it seems that if i want to try the shortcuts, i need for my wife to send me the DS-230 signed and all the original documents mentioned asap. I'm worried because my wife does not speak good English and now she has to run around and get certified copies or risk sending the originals and having them get lost. It seems the NVC has lost its mind asking for such important documents in original form or making people run around and get certified copies of older documents like divorce papers. There will also be a sizable cost to DHL the docs to me.

Yeah, that's all true. You can have certified copies made at a civil notary in Russia, though I didn't try sending those in (if you do submit certified copies, NVC will probably accept them, but the consulate will still probably want to see the originals at the interview). You can also get duplicate originals if you do some running around applying for them. Or, you can just send in the originals you have already. I'd at least keep a copy (or, even better, a certified copy) if you are sending NVC the only originals you have. Also, be sure to send NVC a regular copy of each original included in the package, and attach another copy to every translation included in the package, bring a regular copy to the interview, and also keep a copy for yourselves too! Include a post-it note on each original with your name, case #, and the title of the document in English.

We did get our originals back at the interview in Moscow without even asking, but some people have had trouble doing that, and NVC sometimes temporarily scares you by issuing an RFE for an original document you already sent in.

I'd like to think that we could get certified copies from a Russian notary but the instructions clearly state: "Certified copies from issuing authorities." I take that to mean we'd have to get a certified copy of our marriage certificate from the Palace of Marriage office.

[trailmix 77]

Looking for some help and clarity. I filed for K-3 but had my I-130 approved recently and petition is at NVC, or at least I have a NVC claim number. The word on the street is that the K-3 is dead since late July 2007. Everyone trying K-3 has had their I129F "administratively closed." Thus forcing K-3 filers into CR-1 filers.

You should still be able to get a K3 so long as the I-130 doesn't reach the embassy first. That's pretty easy to do if you want it, just don't submit any fees or documents to NVC until the K3 is issued. You can continue consular processing at that point, or tell NVC to send the petition back to USCIS for adjustment of status if you want that. However, you are better off getting the immigrant visa with the I-130 if possibly an extra 2-3 months doesn't bother you (as opposed to possibly more if the I-129F remains undecided).

My chief concern at the moment is the new requirement to provide the NVC with "original documents" for birth, marriage, divorce certificates (or certified copies from issuing authorities). OK...it seems that if i want to try the shortcuts, i need for my wife to send me the DS-230 signed and all the original documents mentioned asap. I'm worried because my wife does not speak good English and now she has to run around and get certified copies or risk sending the originals and having them get lost. It seems the NVC has lost its mind asking for such important documents in original form or making people run around and get certified copies of older documents like divorce papers. There will also be a sizable cost to DHL the docs to me.

Yeah, that's all true. You can have certified copies made at a civil notary in Russia, though I didn't try sending those in (if you do submit certified copies, NVC will probably accept them, but the consulate will still probably want to see the originals at the interview). You can also get duplicate originals if you do some running around applying for them. Or, you can just send in the originals you have already. I'd at least keep a copy (or, even better, a certified copy) if you are sending NVC the only originals you have. Also, be sure to send NVC a regular copy of each original included in the package, and attach another copy to every translation included in the package, bring a regular copy to the interview, and also keep a copy for yourselves too! Include a post-it note on each original with your name, case #, and the title of the document in English.

We did get our originals back at the interview in Moscow without even asking, but some people have had trouble doing that, and NVC sometimes temporarily scares you by issuing an RFE for an original document you already sent in.

I'd like to think that we could get certified copies from a Russian notary but the instructions clearly state: "Certified copies from issuing authorities." I take that to mean we'd have to get a certified copy of our marriage certificate from the Palace of Marriage office.

I answered in your other post, but yes, they want originals from the Government office(s).

[Chris Parker 11]

I'd like to think that we could get certified copies from a Russian notary but the instructions clearly state: "Certified copies from issuing authorities." I take that to mean we'd have to get a certified copy of our marriage certificate from the Palace of Marriage office.

The civil documents were issued by the Russian authorities (actually, probably some by the defunct USSR authorities), and a civil notary in Russia is also Russian authority. It's all in foreign language anyway, don't read too closely into "issuing authority" to mean more than it does.

Edited February 20, 2008 by Chris Parker

[visaveteran1 33]

I'd like to think that we could get certified copies from a Russian notary but the instructions clearly state: "Certified copies from issuing authorities." I take that to mean we'd have to get a certified copy of our marriage certificate from the Palace of Marriage office.

The civil documents were issued by the Russian authorities (actually, probably some by the defunct USSR authorities), and a civil notary in Russia is also Russian authority. It's all in foreign language anyway, don't read too closely into "issuing authority" to mean more than it does.

I am hearing two very different things: I must send in originals...and I can use notarized copies. Which is it? A lot is at stake if i send in copies and the NVC sends me a RFE. And i don't want to send my wife on a wild goose chase for copies if they won't fly at the NVC.