What if 1-130 is approved before spouse enters on K3?

[buzz17 0]

hi

I recieved a NOA2 for 1-130 approved,but last month she was granted a k-3 visa and we have already booked a flight to come next sunday what do we do? I am in dilemma now. I am told that if she comes on K-3 the AOS petition would take another year to go through..what do I do now? Can I process the IR 1-130 while shes still in her country or whats next? Any benefit in that? Please help me out.

R

[aussiewench 9]

You can continue to process the I-130 even after she is in the US. Many members do that. She would then fly back for the interview. If that is a viable option then it can be much much faster then AOS in the US. We opted in the end against the K-3 as the I-130 went through VSC very fast and doing the CR-1 has probably only added 2 months to our time apart. The benefits were clearly for us, not having to AOS.

Good luck with whatever you both decide.

[germangel 0]

I'm in the same situation. I am leaving to the US on the 9th and my 130 just got approved on Jan 25. It's at the NVC already so I wrote them a letter and told them that I would like to continue the CR1 process but to send any correspondence to the USC as I will be living there as well.

[buzz17 0]

Thanks alot. I thought I was on an Island alone,but it gives a breath at least to know. So I just go ahead and ask NVC to continue with the process though she jets in next Sunday! I cant wait!!! If there are any other helpful tips on how to go about with my case at NVC,and then back to the embassy i will be grateful.

Thanks

R

[aussiewench 9]

Have a look at the CR-1 flowchart HERE You will see the order of things at NVC. They show two paths but if you look at the DS-3032 (choice of agent) which is one of two things first sent out.....when you receive the DS-3032 the beneficiary would complete that by filling in the US address. Either you or your wife would be the choice of agent. It really doesn't matter as you will be at the same address. Everything will then come to the US address.

[buzz17 0]

A big thanks AUSSIEWECH for your help with the flow chart. I donot know whether I am getting it right here. NVC generates the DS-3032 (choice of agent) and sends it to both the petitioner and the Alien? If so then my wife will be here in SF because,NVC hasnt sent me anything yet. I am guessing as GermaAngel says I will need to write NVC ASAP to let them send all packets to me. I would do just that tommorrow.

R

[aussiewench 9]

A big thanks AUSSIEWECH for your help with the flow chart. I donot know whether I am getting it right here. NVC generates the DS-3032 (choice of agent) and sends it to both the petitioner and the Alien? If so then my wife will be here in SF because,NVC hasnt sent me anything yet. I am guessing as GermaAngel says I will need to write NVC ASAP to let them send all packets to me. I would do just that tommorrow.

R

It doesn't matter that they are sending a copy of the DS-3032 to your wife as you will receive a copy as well. Only one needs to be completed and returned to them.

Do you have your case number yet? If not you can call NVC Automated Voice Response Service on (603) 334-0700 You can use your CIS (NOA) receipt number from your approval to access. Just follow the prompts. It will then give you your case number and tell you if anything has been sent out yet.

Email NVC at NVCINQUIRY@state.gov to inform them of your wifes intentions. Make sure to put the case number in the subject line.

Example Email

1. Regarding the subject case number the following information applies:

a. Beneficiary name: .............................- DOB: ..............

b. Petitioner name: ............................. - DOB: ..............

2. I am requesting that blah blah blah

[classic 0]

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Edited February 5, 2006 by classic

[buzz17 0]

Thanks again Aussiewench, and all, for your big help. I will do just that in the morning tommorrow. I donot have the NVC case number yet because the case was approved this last week,they only sent me the NOA2 from CSC. I even didnt expect it so soon like that because looking at the processing times for 1-130 at CSC they are working on July 19th date range but my NOA1 is august 16th. It just bumped into me but I am happily ready to handle it.

I am yet to file my 2005 tax return which might be required for affidavit of support. Any idea whether they will require the 2005 tax return?

Thanks

R

[aussiewench 9]

I donot have the NVC case number yet because the case was approved this last week,they only sent me the NOA2 from CSC.

As indicated in my previous post you can find your case number by calling NVC on their automated response number using your NOA receipt number.

Its a great feeling when you get an approval earlier then expected. I had same happen, not expecting it.

I am yet to file my 2005 tax return which might be required for affidavit of support. Any idea whether they will require the 2005 tax return?

They do not require your 2005 until after 15th April which is the deadline for filing returns. But if you are able to do the return now, you can submit it and it is accepted. They ask for your 3 most recent years and if 2005 is available then you should include this.