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mrsemcee

None of the options seem to suit us.. help!!!!

By mrsemcee in K-3 Spouse Visa Process & Procedures

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mrsemcee Community Regular

mrsemcee   1

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

http://www.visajourney.com/forums/index.ph...mp;page=compare

I just finished reading the above link, and also posted my query on matesupover dot com, and no one seems to be able to help me.

My story is as follows.

Hubby and I (Hubby = US citizen) got married in the US last November, and then I came home to Australia in January, as I was on a visa waiver when I was in the US.

Hubby came to Australia and is on a 12 month Tourist Visa to visit "family and friends" and is currently in Australia with me til Feb 2010.

He is NOT a resident here, he is just a tourist, so when I asked about filing a DCF in Australia, the Consulate in Sydney said no, because he is not a resident in Australia.

We cannot afford for hubby to fly back to the US right now and it would be pointless anyway as he has a 12 month tourist visa here. He doesnt have a job here or back in the US, so his parents, who we will reside with in the US, are going to be the co-sponsors when we fill out the forms...

The issue I have is, how do we do it?

The options only cater for the US citizen being IN the US, or being a resident abroad and filing DCF.

None of these match us. I wondered if we could just file via mail to the US, to the Chicago lock box posted somewhere in this website, and go from there? But does that mean hubby needs to be in the US to do so, or can we do it from here?

The forms seem to cater for a different residential VS postal address and ask to explain why they are different so maybe a letter will work?

We realise there will likely be a time apart, but there is no point hubby going back to the US when he is here for 12 months on a tourist visa, and I just want someone to be able to tell me HOW we file the I-130 forms and get this moving now with hubby and I both being in Australia, but him only being a tourist and us not being able to do DCF.

Thanks!!!!!!!!!!!!!!!!! :)

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canadian_wife Grand Master

canadian_wife   1,822

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

You can file from another country. OR you can mail the package to the parents and have them mail it to the Chicago lockbox. Use the address in the US where you can receive mail (parents I guess?!?!) so if any information comes before Feb. 2010 (which it should) you are able to respond to it in a timely manner.

File sooner than later so you and your husband can return to the U.S. together!

Good luck.

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Reba Experienced

Reba   2

Posted
Filed: Other Timeline
Posted

Just submit the paperwork as if your husband was physically in the US now. If you're going to go the K3 route (wouldn't recommend it at this juncture, but ymmv) send it to Chicago. If you're going the CR1 route, send it to the appropriate service centre.

Welcome to the journey, and good luck!

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!!!!!

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Frenchwife Collaborator

Frenchwife   1

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

do I130 from australia with a Us address.

send to lockbox per instructions, I130 is lockbox too.

I don t advice for K3 if yuo depend from VSC

Log

Wedding 01-2006

USCIS

I-130 NOA1 : 11-20-08 I-130 NOA2 : 05-14-2009

I-129F NOA1 : 12-04-08 I-129F NOA2 : 05-14-2009 Took no action since

NVC

Case number assigned at NVC : 05-18-2009

Case Completed at NVC : 08-03

Interview scheduled: 08-13

Embassy

medical : done 08-17 + pick up 09-08

Interview Date: 09-08-09

Visa received : 09-11-09 valid till 03-10-10

October 10th entered US with Visa Waiver Program for 2 weeks holidays (not usual with visa received!)

had to go through secondary inspections to explain

November 25th entered again US with WVP, officer did not notice my green card visa

left US on dec 28 to avoid meeting the substantial presence test for IRS

Jan 9 2010 entered and activated green card though PHL port of entry

waiting for SSN requested with DS230 and 10 years GC

01-30 received tracking number for GC Welcome issued on 01-27

but not yet SSN

SSN expected by Feb 20 else I might go and ask for one regardless of DS230

GC expected by March 27

Feb 3 2010 update card ordered says to allow for 30 days

Feb 8 2010 update saying approval notice sent

Feb 12 2010 received GC card Permanent resident valid till 2020

Feb 18 2010 went to file ss5 for ssn card as not yet received and center would not find me in ssn files

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pushbrk Grand Master

pushbrk   12,898

Posted
Filed: Other Country: China
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Posted
do I130 from australia with a Us address.

send to lockbox per instructions, I130 is lockbox too.

I don t advice for K3 if yuo depend from VSC

Yes, forget the K3 and just file the I-130. Since hubby is a tourist in Australia, he resides in the USA. Use parent's address and file the petition and supporting documents. The sponsoring documents come later. One parent is the joint sponsor, not both.

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

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mrsemcee Community Regular

mrsemcee   1

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
  • Author
Posted

i love you guys! thank you sooooo much :D

i will send it all to hubbys parents and get them to send it to the lockbox in Chicago.. woo hoo.

thats awesome.

and yeah, hubbys dad will be the co sponsor. :)

you guys are so supportive, thank you times a million. i was so stressed about this!

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mrsemcee Community Regular

mrsemcee   1

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
  • Author
Posted

oh just an addition to my last comment... one question.... where is the link on this website that shows me where to send the documents to? i have the Chicago lockbox for the relevant area of USA that he resides in, but from your comments, i am guessing this is for the whole K3 process and i am just sending the I-130 and the biographical info etc etc to the address at the moment... right?

they come back and tell me what to do next dont they? just wondering so i know what to expect. i have printed every form possible and i just want to know what to send initially and where to send it to.. i am sure one of you lovely folks could answer :D

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Anh map Grand Master

Anh map   2,098

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

use the address shown on the forms themselves.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Frenchwife Collaborator

Frenchwife   1

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

you need to reqd the instructions on the forms

and refer to the uscis.gov site ultimately

(the vj guides are tips / orientations and are not the official procedures,they can eventually become obsolete)

I would guess you can send directly from autralia to lockbox with a courrier like fedex.

you can ask around about doing it. I would guess uscis does not care who is the send from on the mail

Log

Wedding 01-2006

USCIS

I-130 NOA1 : 11-20-08 I-130 NOA2 : 05-14-2009

I-129F NOA1 : 12-04-08 I-129F NOA2 : 05-14-2009 Took no action since

NVC

Case number assigned at NVC : 05-18-2009

Case Completed at NVC : 08-03

Interview scheduled: 08-13

Embassy

medical : done 08-17 + pick up 09-08

Interview Date: 09-08-09

Visa received : 09-11-09 valid till 03-10-10

October 10th entered US with Visa Waiver Program for 2 weeks holidays (not usual with visa received!)

had to go through secondary inspections to explain

November 25th entered again US with WVP, officer did not notice my green card visa

left US on dec 28 to avoid meeting the substantial presence test for IRS

Jan 9 2010 entered and activated green card though PHL port of entry

waiting for SSN requested with DS230 and 10 years GC

01-30 received tracking number for GC Welcome issued on 01-27

but not yet SSN

SSN expected by Feb 20 else I might go and ask for one regardless of DS230

GC expected by March 27

Feb 3 2010 update card ordered says to allow for 30 days

Feb 8 2010 update saying approval notice sent

Feb 12 2010 received GC card Permanent resident valid till 2020

Feb 18 2010 went to file ss5 for ssn card as not yet received and center would not find me in ssn files

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jundp Mentor

jundp   191

Posted
Filed: Country: Germany
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Posted
These guides are a great place to start.

____________________________________

Done with USCIS until 12/28/2020!

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"What difference does it make to the dead, the orphans, and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty and democracy?" ~Gandhi

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Reba Experienced

Reba   2

Posted
Filed: Other Timeline
Posted
I would guess you can send directly from autralia to lockbox with a courrier like fedex.

you can ask around about doing it. I would guess uscis does not care who is the send from on the mail

You can't use a courier to send to a lockbox/PO box, only mail (post) can be delivered to a lockbox. A physical address is needed for couriers.

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!!!!!

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mrsemcee Community Regular

mrsemcee   1

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
  • Author
Posted

hi all, just wanted to let you know that i spoke to the Syd Consulate and they told me it is okay for hubby to post the forms from Australia to the relevant US embassy so that is good news!

thanks for the help, you really calmed me down! X

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