What to do now?

[stan&tanya 0]

I've done everything up to the point where my wife has her interview scheduled for July 11.

Yesterday, I received an I-130 packet from the NVC requesting me to complete a I-864, DS-230, Authorization for Release of Federal Tax Data, and provide Tax Returns.

The first paragraph of the form "Important Information About Completing The I-864, Affidavit of Support" states: The NVC will review your I-864 thoroughly before sending it to the U.S. Embassy for processing... etc.

My question: What do I do now with this packet? The Consulate in Bangkok requires the I-134 instead of the I-864, AND I don't see any reason why the I-864 should be sent to the Consulate when my wife will already be here by the time it is processed by the NVC and sent to the Consulate.

Maybe I'm a bit confused about the I-129F and the I-130 requirements since they are two separate applications?

I called the NVC and the service agent said something about my intentions to "Change of Status"? Then on "Important Notice" sheet, it states: "If the applicant plans to adjust status, the I-864 must be submitted to INS within six months of filing the formal application for adjustment." I'm pretty lost now.

HELP!

Stan

[aussiewench 9]

You do not have to continue with the processing of the approved I-130 through NVC. You can notify them that your wife will be interviewing for the K-3 in July and that she will be adjusting status in the US. Or you can continue with the NVC process as per their instructions, your wife can enter the US once granted a K-3 visa, and then return to the consulate for the CR-1 immigrant visa then re-enter. This means then that she will have resident status without having to do adjustment of status as would need to be done on the K-3. This option can save a lot of hassle as adjusting status can take years depending on which local office one has to go through. She is also able to work straight away.

[stan&tanya 0]

I see. But then, doesn't it defeat the purpose of the K-3 if she were to go back to Bangkok to complete her I-130 application? I mean, she comes to the US using the K-3 (I-129F Non-Immigrant) visa, has to return to complete the I-130, and then re-enter. I understand what you're saying about the possibility of a long wait time for changing her status. I guess, I'd rather keep her here with my newborn and not have to deal with her leaving our son to complete the I-130.

So my course of action will be to notify NVC that I plan to change status once she's here next month and then submit the I-864 along with the documents noted earlier to the processing center and NOT to NVC?

Thanks in advance.

Stan

[aussiewench 9]

Does it defeat the purpose, no. The purpose of the K-3 is so as one can wait in the US with their spouse for the I-130 to be approved and to then persue immigrant status. This can be done by either 1. Adjusting status in the US...or 2. Returning to the consulate for the CR-1

The forms needed to be submitted for adjustment of status are different (except for the I-864) then the NVC process which is for a visa.

See the Adjustment of Status forum and guides for further info on adjusting status.