US Immigration Consulate & I-864 question?

[wannab2gether 0]

I am American and I am married to a non-American from Curacao, Netherlands Antilles. This is an Island in the Caribbean, 40 miles off the coast of Venezuela next to Aruba and Bonaire.

I filed an I-130. I consecutively filed and I-129F.

The I-129F had form I-864 submitted with it and I paid the $70.00 filing fee.

Both have been approved and forwarded to US Department of State for assignment to Visa issuing posts overseas.

I-129F has been forwarded to the US Consulate in Amsterdam, which is the wrong Country. They are supposed to be interviewed at the US Embassy in Caracas, Venezuela and in special cases may be interviewed at the US Consulate in Curacao. So far I emailed the US Consulate in Curacao to ask what the "special cases" are and if we qualify.

I-130F has sent a request for payment of 70.00 for the I-864 to continue processing prior to forwarding. I know that in the interest of speeding things up I should suck it up and pay them the $70.00 again, but am I supposed to have to submit and pay twice for I-864 because the I-129F and I-130F are treated as separate petitions?

I'm hoping the I-130 is sent to the correct country so I don't need to continue to chase down the I-129F that went to a Consulate in the wrong Country already.

I'm thinking my next move is to pay the $70.00 and hope they send the I-130 to Caracas. I will be in Curacao from May 27 Until August 25 with hope to go with my wife to her interview during that time. I was hoping to request some help in person from the US Consulate in Curacao regarding the I-129F while I am there.

Is anyone familiar with what I am going through? Am I almost to the point of needing an Immigration Attorney? If you need more information, please ask and I will post a follow up. Thanks!

[payxibka 10,045]

I am American and I am married to a non-American from Curacao, Netherlands Antilles. This is an Island in the Caribbean, 40 miles off the coast of Venezuela next to Aruba and Bonaire.

I filed an I-130. I consecutively filed and I-129F.

The I-129F had form I-864 submitted with it and I paid the $70.00 filing fee.

Both have been approved and forwarded to US Department of State for assignment to Visa issuing posts overseas.

I-129F has been forwarded to the US Consulate in Amsterdam, which is the wrong Country. They are supposed to be interviewed at the US Embassy in Caracas, Venezuela and in special cases may be interviewed at the US Consulate in Curacao. So far I emailed the US Consulate in Curacao to ask what the "special cases" are and if we qualify.

I-130F has sent a request for payment of 70.00 for the I-864 to continue processing prior to forwarding. I know that in the interest of speeding things up I should suck it up and pay them the $70.00 again, but am I supposed to have to submit and pay twice for I-864 because the I-129F and I-130F are treated as separate petitions?

I'm hoping the I-130 is sent to the correct country so I don't need to continue to chase down the I-129F that went to a Consulate in the wrong Country already.

I'm thinking my next move is to pay the $70.00 and hope they send the I-130 to Caracas. I will be in Curacao from May 27 Until August 25 with hope to go with my wife to her interview during that time. I was hoping to request some help in person from the US Consulate in Curacao regarding the I-129F while I am there.

Is anyone familiar with what I am going through? Am I almost to the point of needing an Immigration Attorney? If you need more information, please ask and I will post a follow up. Thanks!

Somehow you messed up... The I-129F does not require an I-864 as the affidavit for the K-3 is the I-134 submitted to the consulate

[Dakine 26]

I am American and I am married to a non-American from Curacao, Netherlands Antilles. This is an Island in the Caribbean, 40 miles off the coast of Venezuela next to Aruba and Bonaire.

I filed an I-130. I consecutively filed and I-129F.

The I-129F had form I-864 submitted with it and I paid the $70.00 filing fee.

Both have been approved and forwarded to US Department of State for assignment to Visa issuing posts overseas.

I-129F has been forwarded to the US Consulate in Amsterdam, which is the wrong Country. They are supposed to be interviewed at the US Embassy in Caracas, Venezuela and in special cases may be interviewed at the US Consulate in Curacao. So far I emailed the US Consulate in Curacao to ask what the "special cases" are and if we qualify.

I-130F has sent a request for payment of 70.00 for the I-864 to continue processing prior to forwarding. I know that in the interest of speeding things up I should suck it up and pay them the $70.00 again, but am I supposed to have to submit and pay twice for I-864 because the I-129F and I-130F are treated as separate petitions?

I'm hoping the I-130 is sent to the correct country so I don't need to continue to chase down the I-129F that went to a Consulate in the wrong Country already.

I'm thinking my next move is to pay the $70.00 and hope they send the I-130 to Caracas. I will be in Curacao from May 27 Until August 25 with hope to go with my wife to her interview during that time. I was hoping to request some help in person from the US Consulate in Curacao regarding the I-129F while I am there.

Is anyone familiar with what I am going through? Am I almost to the point of needing an Immigration Attorney? If you need more information, please ask and I will post a follow up. Thanks!

You shouldn't have paid $70 in regards to the K3.

Forget about the K3 and go with the CR-1. CR-1s are MUCH MUCH better visas now.

Who did you pay the $70 to? NVC?

Edited May 15, 2009 by Haole

[wannab2gether 0]

Somehow you messed up... The I-129F does not require an I-864 as the affidavit for the K-3 is the I-134 submitted to the consulate

I think you're wrong on that.

The USCIS writes on the instructions for form I-864: Who Completes and Signs Form I-864?

A sponsor completes and signs Form I-864. A sponsor isrequired to be at least 18 years old and domiciled in theUnited States, or its territories or possessions (see Step-by-step Instructions for more information on domicile). Thepetitioning sponsor must sign and complete Form I-864, evenif a joint sponsor also submits an I-864 to meet the incomerequirement. The list below identifies who must becomesponsors by completing and signing a Form I-864.

• The U.S. citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for afiance(e), or Form I-600 or I-600A for an orphan.

Besides, it's been approved thus far.

[LoveMyTico 999]

The papers get sent to the country you were married in...

[payxibka 10,045]

I think you're wrong on that.

The USCIS writes on the instructions for form I-864: Who Completes and Signs Form I-864?

A sponsor completes and signs Form I-864. A sponsor isrequired to be at least 18 years old and domiciled in theUnited States, or its territories or possessions (see Step-by-step Instructions for more information on domicile). Thepetitioning sponsor must sign and complete Form I-864, evenif a joint sponsor also submits an I-864 to meet the incomerequirement. The list below identifies who must becomesponsors by completing and signing a Form I-864.

• The U.S. citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for afiance(e), or Form I-600 or I-600A for an orphan.

Besides, it's been approved thus far.

No, I am not..... I-864 is for the I-130.... Even if it is for an I-129F for Fiance(e) (K-1) you seem to forget you filed the I-129F for a spouse (K-3)

Purpose of Form :

To show that the applying immigrant has enough financial support to live without concern of becoming reliant on U.S. government welfare.

Not sure if you are aware of this but a K-3 is a NON-IMMIGRANT visa

Edited May 16, 2009 by payxibka

[LoveMyTico 999]

I just went to our K-3 interview... I didn't have to fill out any forms regarding my finances.... I will do that when he gets here and we go to adjust his status. They did ask for my w2s and my paystubs.

[wannab2gether 0]

Somehow you messed up... The I-129F does not require an I-864 as the affidavit for the K-3 is the I-134 submitted to the consulate

(My wife wrote the previous reply Posted May 15, 07:27 PM)

I know the I-864 is not normally required for the K-3. I went to the local USCIS office and the agent there suggested I include it instead of the standard proof of income paperwork. Wrong or right, it got accepted.

Purpose of Form : To show that the applying immigrant... a K-3 is a NON-IMMIGRANT visa

Link: Non-Immigrant K-3 AUCSIS

A Spouse of a U.S. Citizen (K-3) Is Also an Immigrant

The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3 applicant) must have an immigrant visa petition on his/her behalf by the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen (the K-3 applicant) must meet some of the requirements of an immigrant visa.

The papers get sent to the country you were married in...

After the USCIS approves the I-129F, it sends it to the National Visa Center (NVC). The NVC sends the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the United States, the NVC sends the petition to the embassy or consulate that issues visas in the country of your spouse's nationality. (Curacao, Netherlands Antilles; Visa issuing location is Caracas, Venezuela.)

...Forget about the K3 and go with the CR-1. CR-1s are MUCH MUCH better visas now.

Who did you pay the $70 to? NVC?

The $70.00 is made payable to "The Department of State." As far as I can tell, a CR1 is just another name for a K-3.

Wow, I'm dissapointed. I didn't get my questions answered, but people disputed the facts.

Edited May 17, 2009 by wannab2gether

[wannab2gether 0]

You shouldn't have paid $70 in regards to the K3.

Actually, that sort of answered one question.

[payxibka 10,045]

As far as I can tell, a CR1 is just another name for a K-3.

Wow, I'm dissapointed. I didn't get my questions answered, but people disputed the facts.

You need to know that the K-3 is a very different visa that CR-1. K-3 is a NON immigrant visa... with a two year validity and requires Adjustment of Status (i-485) application after US arrival. A CR/IR-1 visa is an immigrant visa that hsa a validity period of 6 mos and results in an immediate green card after arrival. The K-3 eligibility is determined by I-129F, a CR/IR visa eligibility is by the I-130.

You are only disappointed because you have chosen to ignore the correct answers give n to you. No one can help you if you do not want any help

Edited May 17, 2009 by payxibka

[payxibka 10,045]

Purpose of Form : To show that the applying immigrant... a K-3 is a NON-IMMIGRANT visa

Link: Non-Immigrant K-3 AUCSIS

A Spouse of a U.S. Citizen (K-3) Is Also an Immigrant

The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3 applicant) must have an immigrant visa petition on his/her behalf by the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen (the K-3 applicant) must meet some of the requirements of an immigrant visa.

While a K-3 spouse is also an immigrant a K-3 is a non -immigrant visa

[wannab2gether 0]

It isn't worth arguing over this point since it does not help our cause (The purpose of this thread, remember?) but I'll quote one link for you:

Link: IR1 and CR1 Immigrant Visas

CR1 (CR stands for "Conditional Residency") Visas entitle their holder to receive "Conditional" Permanent Residency within the United States for a period of 2 years... If they have been married less than two years they will be issued a CR1 Visa. A CR1 Visa will result in the applicant obtaining "conditional" permanent residency within the US and after a period of two years the applicant can apply to "Remove Conditions" 90 days before the conditional permanent resident card expires and they will be issued a regular 10 year green card.

Telling us that a CR1 is a better option for us is absurd. We are five months into our I-129F and I-130 process and our papers are already being forwarded to the interviewing Consulate/Embassies. We have been apart for a year now... We should start the process over? How Is this helpful advice to us?

You may think criticizing how we went through our process is helpful, but considering it was APPROVED it only shows ignorance of the system and the variation within. Websites like visajourney are loose guides to the process at best and you should not read into THEIR way like it is the only correct way. Learning one method does not make anyone an expert.

Regarding K3 not needing I-864, it is also on an INS page: When the K-3 visa holder applies for adjustment of status, he or she will adjust status as an immediate relative, and at that time will require a Form I-864. (link)

Again, arguing over if you think it is the correct form in an APPROVED application is completely silly.

Edited May 17, 2009 by wannab2gether

[R and F 34]

We are now all loose guided VJ'rs. Gee whiz.

[wannab2gether 0]

I should add that this post started with my wife posting something I wrote for elsewhere, so the actual questions may seem unclear.

I had already paid the additional $70.00 to keep the ball rolling. The process we went through was posted to give history. As my wife and I keep saying, the papers have been approved. Why argue history details after that? If they were questioning us about the forms I'd understand this.

My intent for having her post this here was more to find out if people experienced the US Department of State forwarding their Visa applications to INCORRECT Visa issuing posts overseas, and if so, what did they do about it.

I'm also curious about having two different appointments for interviews; like if you are denied on the first, would it reflect upon your second interview, or are the papers kept apart?

[payxibka 10,045]

It isn't worth arguing over this point since it does not help our cause (The purpose of this thread, remember?) but I'll quote one link for you:

Link: IR1 and CR1 Immigrant Visas

CR1 (CR stands for "Conditional Residency") Visas entitle their holder to receive "Conditional" Permanent Residency within the United States for a period of 2 years... If they have been married less than two years they will be issued a CR1 Visa. A CR1 Visa will result in the applicant obtaining "conditional" permanent residency within the US and after a period of two years the applicant can apply to "Remove Conditions" 90 days before the conditional permanent resident card expires and they will be issued a regular 10 year green card.

Yup, And?

Telling us that a CR1 is a better option for us is absurd. We are five months into our I-129F and I-130 process and our papers are already being forwarded to the interviewing Consulate/Embassies. We have been apart for a year now... We should start the process over? How Is this helpful advice to us?

You may think criticizing how we went through our process is helpful, but considering it was APPROVED it only shows ignorance of the system and the variation within. Websites like visajourney are loose guides to the process at best and you should not read into THEIR way like it is the only correct way. Learning one method does not make anyone an expert.

I have never criticised your visa choice or said the one visa should be chosen over the other... Their is only one instance of ignorance here.

FWIW, you do not start the process over.. they are concurrent processes... if/when the I-129F and the I-130 are approved you can choose the end visa you want based on your personal facts and circumstances.

Regarding K3 not needing I-864, it is also on an INS page: When the K-3 visa holder applies for adjustment of status, he or she will adjust status as an immediate relative, and at that time will require a Form I-864. (link)

Again, arguing over if you think it is the correct form in an APPROVED application is completely silly.

Yup, the K-3 needs the I-864 when they are registering as a permanent resident (greencard) via the I-485.... NOT FOR THE VISA ITSELF. The CR/IR visa requires the I-864 because it results in a visa immediately upon entry