Jump to content

19 posts in this topic

Recommended Posts

Filed: K-3 Visa Country: New Zealand
Timeline
Posted

Currently i am a New Zealander working in Canada with temporary permanent resident status, and i travel regularly over to Colorado on visa waiver to see my fiance.

After we marry in July in Colorado we intend to file for k-3 visa, i know the gov.state info says "your approved I-129F will then be forwarded to a consulate of your spouses nationality" i.e NZ.

A customs immigrations officer in MN said to me once that i will be able to get it sent to the US consulate in toronto and do my K-3 interview there, however i have not been able to find anything online about this possiblity. Does anyone know anything about this? Would it likely cause complications or be slower than flying to NZ for a month or so to do it there?

Thanks

I-130 Sent : 2008-10-14

I-130 NOA1 : 2008-10-21

I-129F NOA1: 2008-11-16

I-130 & I-129F touched 2008-11-21

I-130 & I-129F both NOA2 approval 2009-4-29

Received AOS Bill packet 2009-5-16

DS-3032 Sent 2009-5-18

AOS Bill Paid 2009-5-19

IV Bill Paid 2009-6-15

DS230 Sent 2009-7-8

NVC request for I-864 and additional info 2009-7-27

I-864 sent 2009-7-29

Additional info sent 2009-8-7

Filed: AOS (apr) Country: New Zealand
Timeline
Posted

I married in the US and did the K3 through Australia where I was living. I dont think you will have a problem since you are a resident of canada, even temporary. Best suggestion is to see if you can organise a infopass via the USCIS website and speak to a officer regarding your situation at a location close to your fiance's.

Also familiarise yourself with the procedure via the guides on here.

One thing you will find, NZ does not issue police reports, you can request your court records from the DoJ but the consulate will also request your records. this held up my processing for only a day luckily when I had my interview. I did take my DoJ letter with me to the interview.

I 130 & I129F (K3) and AOS info in timeline

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Only Montreal and Vancouver do K3 in canada

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Filed: Other Country: China
Timeline
Posted
Ditto above. If you are a legal resident of Canada, you can interview in either MTL or VAN for a K-visa. The whole application process goes through NVC.

K1 definitely but this is a K3 question. Are you sure? If so, how does one arrange it. The last member who tried that and thought they would succeed, ended up returning to Ireland for their interview.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Timeline
Posted
Ditto above. If you are a legal resident of Canada, you can interview in either MTL or VAN for a K-visa. The whole application process goes through NVC.

K1 definitely but this is a K3 question. Are you sure? If so, how does one arrange it. The last member who tried that and thought they would succeed, ended up returning to Ireland for their interview.

If you are a legal resident of Canada (as I was, and we did DCF for a CR-1), you can interview in Canada. So, I am pretty sure. though the original poster needs to make sure that his Canadian work permit does not expire before his interview is assigned --- otherwise he would need to either extend the CIC permit or go back home and interview there.

Posted

When my then fiance and I applied for the k1 visa we were living together in a 3rd country. Not his home country or the U.S. When we sent in our application we included a copy of his residence permit from the 3rd country and 'respectfully requested' that the interview be held at the embassy there as we were both residing in that country. It was no problem and we had our interview at the embassy we wanted.

I'm not sure if there are different rules for K3 but I would suggest bringing a copy or original of the document that shows your spouse's residence status in Canada to the infopass appointment.

Hope that helps.

-b

Filed: Other Country: China
Timeline
Posted
When my then fiance and I applied for the k1 visa we were living together in a 3rd country. Not his home country or the U.S. When we sent in our application we included a copy of his residence permit from the 3rd country and 'respectfully requested' that the interview be held at the embassy there as we were both residing in that country. It was no problem and we had our interview at the embassy we wanted.

I'm not sure if there are different rules for K3 but I would suggest bringing a copy or original of the document that shows your spouse's residence status in Canada to the infopass appointment.

Hope that helps.

-b

The rules for K3 are different.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Other Timeline
Posted

only if they marry in a third country. If they get married in NZ, then that's where the interview will be for a K3. If they marry in Canada, the interview would be in Canada, because the rules for K3 are that the interview must take place in the country where the marriage actually took place.

However, if damien's visa in Canada is going to run out before 12 months are up (current processing time for K3 in Canada) and he has to leave back to NZ, then he'll have to travel back to Canada (at additional expense) for the interview. If damien's legal presence in Canada is indefinite, and they get married in Canada (not US), then there shouldn't be a problem to interview in Canada.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Filed: Other Country: China
Timeline
Posted (edited)
only if they marry in a third country. If they get married in NZ, then that's where the interview will be for a K3. If they marry in Canada, the interview would be in Canada, because the rules for K3 are that the interview must take place in the country where the marriage actually took place.

However, if damien's visa in Canada is going to run out before 12 months are up (current processing time for K3 in Canada) and he has to leave back to NZ, then he'll have to travel back to Canada (at additional expense) for the interview. If damien's legal presence in Canada is indefinite, and they get married in Canada (not US), then there shouldn't be a problem to interview in Canada.

Right, country of residence. Does he qualify as a resident?

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

Hi

The interview for a K3 takes place in the country were the marriage with the USC took place. That is the rule .

May 2006 Met at a friend's birthday party

Sep 2007 Married

I-130

09/28/07 Sent I-130

01/07/08 NOA1

03/24/08 NOA2

NVC

03/27/08 Received

05/06/08 Case Complete

Filed: Other Country: China
Timeline
Posted
Hi

The interview for a K3 takes place in the country were the marriage with the USC took place. That is the rule .

Yes, except when the marriage takes place in the US, as the OP plans. There are no K3 visa interviews conducted in the US.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Other Timeline
Posted
Right, country of residence. Does he qualify as a resident?

depends on the terms of the visa they have. Which at this point, the OP has not given us that information so we have no way of knowing other than it is temporary.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Filed: K-3 Visa Country: New Zealand
Timeline
Posted (edited)
Right, country of residence. Does he qualify as a resident?

depends on the terms of the visa they have. Which at this point, the OP has not given us that information so we have no way of knowing other than it is temporary.

thanks for the replies and the help everyone. definitely not a clear cut answer. I think its probably safer just to do it back home in NZ, just more straight forward. It'll have been four years by then and well due for a trip back to the homeland, + my visa expires in late march 09 and may not request the employer to go through the procedure of renewing it.

cheers!

damien

Edited by damienandelyse

I-130 Sent : 2008-10-14

I-130 NOA1 : 2008-10-21

I-129F NOA1: 2008-11-16

I-130 & I-129F touched 2008-11-21

I-130 & I-129F both NOA2 approval 2009-4-29

Received AOS Bill packet 2009-5-16

DS-3032 Sent 2009-5-18

AOS Bill Paid 2009-5-19

IV Bill Paid 2009-6-15

DS230 Sent 2009-7-8

NVC request for I-864 and additional info 2009-7-27

I-864 sent 2009-7-29

Additional info sent 2009-8-7

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...