K-3 Visa Question

[jodes7064 0]

Hi everyone!

I am Canadian (my husband is American). We filed for our I-130 and it was received July 8th. We then filed for our K-3 and that was received Aug.8th. I went on the Vermont processing times and it is saying 6 months processing time. It has been three months and haven't heard anything. I want to do my physical in Canada now. When I went to the Board Certified Doc's they asked me if I had a case number? I showed them the receipt number but the secretary said I run the risk of my physical expiring before I have my interview. I can't seem to find any information on whether or not I need a case number before I can do the physical. My husband called USCIS and they said that there is not a case number yet....it was an automated message. So I don't know!!

If anyone can help me with this issue that would be great!

[payxibka 10,047]

Hi everyone!

I am Canadian (my husband is American). We filed for our I-130 and it was received July 8th. We then filed for our K-3 and that was received Aug.8th. I went on the Vermont processing times and it is saying 6 months processing time. It has been three months and haven't heard anything. I want to do my physical in Canada now. When I went to the Board Certified Doc's they asked me if I had a case number? I showed them the receipt number but the secretary said I run the risk of my physical expiring before I have my interview. I can't seem to find any information on whether or not I need a case number before I can do the physical. My husband called USCIS and they said that there is not a case number yet....it was an automated message. So I don't know!!

If anyone can help me with this issue that would be great!

You have not applied for a K-3 yet. You have submitted two petitions to determine visa eligibility. Once your eligibility is determined then you can apply for a visa.

Your visa case number is the case number as assigned by the NVC AFTER petition approval.....

You will have sufficient time from petition approval to visa interview to get the medical done... no need to rush it...

Edited October 21, 2008 by payxibka

[frali 2]

I would recommend to wait till your I-130 and/or I-129F is approved before going for medical.

[jodes7064 0]

Thanks! So how long will it take for the approval?

[payxibka 10,047]

petition approval can take 6 mos. more or less.. it will spend a week to a few weeks at NVC... then to the consulate... Vancouver is historically much quicker than Montreal for "K" visas.... total time 9-12 mos. give or take from initial submission

Edited October 21, 2008 by payxibka

[jodes7064 0]

My case is being sent to Toronto not Montreal. I thought that once you applied that I would receive my K-3 visa in 6 months (I assumed this was the faster way to go about being with my husband...our lawyer also stated this). I was under the assumption that I would have my K-3 visa in 6 months. Thanks so much for your help!

[payxibka 10,047]

My case is being sent to Toronto not Montreal. I thought that once you applied that I would receive my K-3 visa in 6 months (I assumed this was the faster way to go about being with my husband...our lawyer also stated this). I was under the assumption that I would have my K-3 visa in 6 months. Thanks so much for your help!

Toronto does not issue "K" or immigrant visas.... a slight mistake of informatin by your attorney

6 mos. is to get the USCIS to act on the I-129F... then you have all the consular processing to do as well as get a interview scheduled... your lawyer did you a disservice by elevating your expectation

[jodes7064 0]

I guess my I-130 is in Toronto then..I am just looking at the I-30 petition for alien relative and the visa office where that will be issued will be there. Is there any way to change the office from Montreal to Vancouver? This is just so confusing and the wait times are ridiculous!

[payxibka 10,047]

I guess my I-130 is in Toronto then..I am just looking at the I-30 petition for alien relative and the visa office where that will be issued will be there. Is there any way to change the office from Montreal to Vancouver? This is just so confusing and the wait times are ridiculous!

Why or how is your I-130 in Toronto? Did you file it directly with the consulate? If you direct filed then why the K-3? If it was submitted to the USCIS service center then it will never be in Toronto... NVC will assign it to the proper issuing post.

Regardless, Toronto only issues non-immigrant visas... Even if they accepted an I-130 they cannot process it.... they do not have that capability.

Edited October 21, 2008 by payxibka

[jodes7064 0]

Our lawyer filed it with the American consular post in Toronto. Honestly I don't understand and I don't have a clue as to what is going on with this visa process. I assumed that I would have my K-3 visa in 6 months....not 9-12 months. On the website it said 6 months processing time...how far in advance do they contact or notify you if your case has been approved? I've been looking online and why is it that some people have their first notice of approval within days? I don't understand how that is even possible?

When you get your receipt is that notice of approval or is that just a receipt saying they have received your application?

[payxibka 10,047]

Our lawyer filed it with the American consular post in Toronto. Honestly I don't understand and I don't have a clue as to what is going on with this visa process. I assumed that I would have my K-3 visa in 6 months....not 9-12 months. On the website it said 6 months processing time...how far in advance do they contact or notify you if your case has been approved? I've been looking online and why is it that some people have their first notice of approval within days? I don't understand how that is even possible?

When you get your receipt is that notice of approval or is that just a receipt saying they have received your application?

Is your USC husband currently residing in Canada? Does he meet the minimum residency for a direct filed petition? If so, then you do not want a K-3 as the direct filed petition will most likely transit way faster than any US service center filed I-129f.

There is only one approval notice. When you file with the USCIS you get a NOTICE OF ACTION (NOA), the first NOA is merely case filing acknowledgement. Up to 6 months later you get the seconf Notice of Action (NOA2) that will be your approval notice.

Edited October 21, 2008 by payxibka

[jodes7064 0]

No he's in the States. We got married June 26th, 2008...filed for the I-130...they received that July /08. THen we filed for the k-3 visa and they received that aug.5th 08. This was what our lawyer advised us to do. I am in Canada and he's in the US. I don't understand what you mean by filing directly? To who??? Our lawyer told us this was the fastest way. I just didn't realize that it would take 9-12 months to get a k-3....we were told that the k-3 was the faster way of me being able to go down there. I was told the I-130 took about a year to process but not the k-3.

[payxibka 10,047]

No he's in the States. We got married June 26th, 2008...filed for the I-130...they received that July /08. THen we filed for the k-3 visa and they received that aug.5th 08. This was what our lawyer advised us to do. I am in Canada and he's in the US. I don't understand what you mean by filing directly? To who??? Our lawyer told us this was the fastest way. I just didn't realize that it would take 9-12 months to get a k-3....we were told that the k-3 was the faster way of me being able to go down there. I was told the I-130 took about a year to process but not the k-3.

Direct filed petition = directly with the foreign consulate (ie.. Toronto) versus a USCIS service center.

Apparently your lawyer is out of date... Effective mid-last year, in order for a USC to file a I-130 directly with the US Consulate in a foreign country, the USC has to have maintained current legal residence in that country for a minimum of 6 months... Are you sure it was submitted directly to Toronto? Most direct filed I-130's are required to be hand delivered by the USC and not simply mailed in by an attorney... Do you know for sure that it was submitted to Toronto? Do you have somesort of acknowledgement from them? What are the beginning three letters of your case #?

Edited October 21, 2008 by payxibka

[jodes7064 0]

The two receipt numbers are are EAC. Both were filed with the Vermont Service Center. On the I 130 petition for Alien relative form that we filled out...is states that I (the canadian) will apply for a visa abroad at the american consular post in Toronto Canada. That is what was put on that form. Both the petitions have gone to the Vermont station. Is there any way to change my interview to Vancouver or not?

[payxibka 10,047]

The two receipt numbers are are EAC. Both were filed with the Vermont Service Center. On the I 130 petition for Alien relative form that we filled out...is states that I (the canadian) will apply for a visa abroad at the american consular post in Toronto Canada. That is what was put on that form. Both the petitions have gone to the Vermont station. Is there any way to change my interview to Vancouver or not?

Your I-130 is NOT in Toronto and never will... If and when it gets approved (either the I-130 or I-129F) it would go to Montreal. You will NOT file for a visa in Toronto as only Montreal and Vancouver have Immigrant Visa issuing units (the unit that issues "K" and immigrant visas). Toronto only has a non-immigrant visa unit... Regardless of what you put on the petition, since Toronto does not have jurisdiction on this visa type it will be assigned by NVC to the one that does according to your place of residence.

I am sure you can try to have it changed to Vancouver... visit the Canadian forum and ask your fellow mates this question... they are very familiar with the consulate opeations

Edited October 21, 2008 by payxibka