Presue a K3 for faster processing.

[Beth/ Paris Heart 2]

Hello all,

I've been pondering this for a few days. Here is story. We applied for CR-1, petition is at CSC. Now new chaos.

My husbands French residency card/ Student visa will expire very early November, and doubt if he can re-new for another year, he graduates this year.

I'm wondering if we file K3, if approval will come quicker, and also, we should get thru NVC super quick, right? Cause the way we are going now with CR-1, will we be able to fly thru NVC. I have my docs ready, waiting on his 2 police cert. and birth cert. then we are ready.

I know CR-1 is the best visa, but Im willing to for go it, and settle for K3 in order to get a interview soon say in September the latest.

What do you all think? Its been rough since June when we had to with draw our first petitions, then along came Hurricane Ike, damaged the house, so more money, and more delay of us re-marring, final re-married and now filed with USCIS and now this residency card thing comes up.

He re-applied for his card Jan. 28th and French Immigrations said he will hear something by April 28th. still we've heard nothing. But we think it will be issued, but only will be good till early, early November. Any suggestions.???? Will we ever get a break. If he dont get his card as they said by April 28th, he has to return to Algeria. I dont want that.We will switch embassys for interview, but I will not be able to attend in Algeria.

Please guys, any suggestions???? I dont think U.S. Embassy Paris will issue him a visa if he is there illegally in France. So far he is still there legally.

[YuAndDan 153]

Filing the I-129F does not seem to affect the I-130 processing time lately USCIS just approves them both at the same time, and if you prepare for the NVC processing of I-130, more than likely you can get the CR-1 interview scheduled with a week or so of a K-3.

[trinket 30]

Will he get a French PCC if his status becomes illegal? If so then I guess you can take the chance, US consulate will only be bothered about PCC. Plus there is a better chance of your husband not going through AP being in France, but no guarantees on that, because I remember last years Iranian case going through South Korea where the male beneficiary was put through AP, it was a short term AP though, guess only around a month or so and they were expecting it.

I am not sure how the processing time are going right now, but do your research and see if K-3 is processing faster or not. Last year a lot of people had to take a back seat because they applied for k-3 instead of stand alone i-130.

I think CJ Vasani was one of them who was saying how it cost him around 3 months because of i-129f filing.

[YuAndDan 153]

Will he get a French PCC if his status becomes illegal? If so then I guess you can take the chance, US consulate will only be bothered about PCC. Plus there is a better chance of your husband not going through AP being in France, but no guarantees on that, because I remember last years Iranian case going through South Korea where the male beneficiary was put through AP, it was a short term AP though, guess only around a month or so and they were expecting it.

I am not sure how the processing time are going right now, but do your research and see if K-3 is processing faster or not. Last year a lot of people had to take a back seat because they applied for k-3 instead of stand alone i-130.

I think CJ Vasani was one of them who was saying how it cost him around 3 months because of i-129f filing.

Simple get the police report BEFORE going out of status, the report is valid for 1 year, plenty of time.

[Kenza 1]

I'm going through the same thing, but not sure if his residency card expires-he didn't tell me anything about it. I'm still waiting for my noa2 (been 62 days) but inchallah this week sometime...we have all documents ready-except medical exams and are just waiting. I'm hoping for my hubby to come mid september.

[pushbrk 13,127]

Filing the I-129F does not seem to affect the I-130 processing time lately USCIS just approves them both at the same time, and if you prepare for the NVC processing of I-130, more than likely you can get the CR-1 interview scheduled with a week or so of a K-3.

Having filed the I-130 a month ago, I would expect approval in April. If you file an I-129F and they put the two together, the I-130 goes back to the back of the line. Don't do it. Fly through NVC using the shortcuts. November is quite doable unless you hit a snag. If you hit a snag, filing the I-129F just give them an excuse to take even longer.

[Arthur Roberta 1]

How I feel for you both. I have been there and done the K3 thing before (long long story) and I feel stay with the CR 1. The K3 at your stage could be just more hassle and pain. Perhaps you could email the embassy that you have contacted before and put them in the picture of your concerns. Mirror this information to your congressman/lady's immigration assistant to seek help on this matter.

letting those in authority be aware of your position at this stage is paramount as it could prove to be invaluable should you have problems. perhaps they may be able to expedite you given your situation.

I pray this helps.

Arthur and Roberta

r.

[Beth/ Paris Heart 2]

Will he get a French PCC if his status becomes illegal? If so then I guess you can take the chance, US consulate will only be bothered about PCC. Plus there is a better chance of your husband not going through AP being in France, but no guarantees on that, because I remember last years Iranian case going through South Korea where the male beneficiary was put through AP, it was a short term AP though, guess only around a month or so and they were expecting it.

I am not sure how the processing time are going right now, but do your research and see if K-3 is processing faster or not. Last year a lot of people had to take a back seat because they applied for k-3 instead of stand alone i-130.

I think CJ Vasani was one of them who was saying how it cost him around 3 months because of i-129f filing.

Simple get the police report BEFORE going out of status, the report is valid for 1 year, plenty of time.

He has already sent for the French PCC. I know there is a chance of AP after interview, and that is not good, it kills any time left if we have any to spare. Maybe its just best if he returns home to his family and be with them, and I understand its not likely for AP after interview if he interviews in Algeria, well at least that is what I read, but who knows.

I do also know, that when time comes, if we get that far, I have to fax them a copy of his French residency card before the interview, so right there it tells me, if he is not in France legally at time of interview, its all over with as far a a visa. It just kills me, that if he returns to Algeria, I wont be able to come and see him as we wait for a approval with USCIS. This process is breaking me again. I prey for he gets his card, he more then qualifed at the time he re-applied for it. and that we get approved by end of May at least that is my current time per VJ timeline for me. I know it changes everyday, but CSC is processing so fast. Thank you all for your help. Thanks Dan & Yu, thanks Trinket.

[Beth/ Paris Heart 2]

Filing the I-129F does not seem to affect the I-130 processing time lately USCIS just approves them both at the same time, and if you prepare for the NVC processing of I-130, more than likely you can get the CR-1 interview scheduled with a week or so of a K-3.

Having filed the I-130 a month ago, I would expect approval in April. If you file an I-129F and they put the two together, the I-130 goes back to the back of the line. Don't do it. Fly through NVC using the shortcuts. November is quite doable unless you hit a snag. If you hit a snag, filing the I-129F just give them an excuse to take even longer.

Thank you Pushbrk, I was hoping to hear from you. I will keep studing NVC short cuts and iall and keep preparing for it.

Okay, I will stick out I-130 only. Thank you!!!!!!!!!!!!!!!!!!!

[Beth/ Paris Heart 2]

I'm going through the same thing, but not sure if his residency card expires-he didn't tell me anything about it. I'm still waiting for my noa2 (been 62 days) but inchallah this week sometime...we have all documents ready-except medical exams and are just waiting. I'm hoping for my hubby to come mid september.

Then you know exctly how I feel Kenza, he more then qualifed to renew it, he had the docs. and the reqiured financial amount in the bank, but its taking so long to get it. They said he will hear by April 28 that is 3 months . WOW. I think if they were going to deny him, they would of done it by now. I think we can pull this off if approval in April or even late May, we could get thru this. Im ready for NVC. He sent for Algerian PCC and French PCC, and his birht cert. My Arabic translator is ready to translate BC again, basically all she needs to do is changed dates, cause she already did one for him last year, too bad that expired, but she has the translation she did, so will take her a whole 2 minutes to update her original translation work.

Thank you for your reply. We will all get thru this somehow.

[hopephilly 21]

hi ,

i understand your situation but my advise is :

if he has to go back to algeria, he should do that now or if he knows an employer to change his situation but it's not easy,

so i think that he has to go back to algeria and you change the adress on your application with the uscis.

it will take the same time so don't worry, every thing will be ok inshaAllah.

if you have any questions, i am here.

[gogo 6]

get prepared for a lawsuit haha, I'll help you with that Paris Heart.. but I think the petitions are independent of one another.. so you should be able to do both (whichever comes first, the K3 or CR1/IR1).. good luck and keep me updated!! Also, does he have to finish classes? I think you can "delay" a quarter by not going, but you are still registered and can go to classes next quarter.. that way, you can delay a quarter/semester at least.. ask the school about your situtation.. also, can he take any adult school classes and add to his student visa? As long as he is in school, the student visa still holds..

Edited April 6, 2009 by gogo

[daboyz 36]

Will he get a French PCC if his status becomes illegal? If so then I guess you can take the chance, US consulate will only be bothered about PCC. Plus there is a better chance of your husband not going through AP being in France, but no guarantees on that, because I remember last years Iranian case going through South Korea where the male beneficiary was put through AP, it was a short term AP though, guess only around a month or so and they were expecting it.

I am not sure how the processing time are going right now, but do your research and see if K-3 is processing faster or not. Last year a lot of people had to take a back seat because they applied for k-3 instead of stand alone i-130.

I think CJ Vasani was one of them who was saying how it cost him around 3 months because of i-129f filing.

Simple get the police report BEFORE going out of status, the report is valid for 1 year, plenty of time.

Also to add to that. Police report gets submitted to NVC for CR-1. Submit it to Embassy for K-3. So you will be submitting the police report much sooner in the CR-1 process.

Edited April 6, 2009 by daboyz

[Beth/ Paris Heart 2]

Will he get a French PCC if his status becomes illegal? If so then I guess you can take the chance, US consulate will only be bothered about PCC. Plus there is a better chance of your husband not going through AP being in France, but no guarantees on that, because I remember last years Iranian case going through South Korea where the male beneficiary was put through AP, it was a short term AP though, guess only around a month or so and they were expecting it.

I am not sure how the processing time are going right now, but do your research and see if K-3 is processing faster or not. Last year a lot of people had to take a back seat because they applied for k-3 instead of stand alone i-130.

I think CJ Vasani was one of them who was saying how it cost him around 3 months because of i-129f filing.

Simple get the police report BEFORE going out of status, the report is valid for 1 year, plenty of time.

Also to add to that. Police report gets submitted to NVC for CR-1. Submit it to Embassy for K-3. So you will be submitting the police report much sooner in the CR-1 process.

I would love for him to stay there, yes he is registured in the university, and doing his disertation this year.

Im just afraid, I dont want no chance of Paris embassy saying, okay your in school, but.... you residency card expired and France did not see fit to re-new it. VISA DENIED!!!

For the K3, If I went ahead and filed the I-129F. USCIS will pair it with I-130 already there since March 12th and throw it on bottom of pile. I already got his Algeria PCC, its one of those situations, we are darned if we do, and darned if we dont. All we can do is pray residency card comes by April 28th, cause that is when French Immigration said he will receive a letter if they see fit to re-new. I did emaily Algiers Embassy asking if we have to switch embassies for interview, if it will be a big brew ha ha.

Thank you Miliana, I will be PM you, I have a few questions.