US Immigration Consulate & I-864 question?

[LoveMyTico 999]

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.

you don't need the I-864 for your K-3 interview..... You will need it for the Adjustment of status.

If you already found your answers on a link you were reading then why start a thread and argue with the people who post and try to help ?

[payxibka 10,045]

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?

depends on the reasons for the refusal.... most likely if you are unable to overcome the reason that caused the initial refusal, it will also be an issue in the subsequent interview. Since the same visa unit performs both interviews, unless the K-3 interview and the CR-1 interview are done at different consulates, it would be difficult to keep them appart

Edited May 17, 2009 by payxibka

[wannab2gether 0]

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

Not ALL. If you believe that the directions for Visa applications on this website are the ONLY correct and acceptable way to apply and actually ARGUE that someone's approved application is incorrect, you are obviously misguided.

No one got a Law Degree with a specialty in Immigration and an up-to-date practice by reading this website. Without that we are all "loose guided." No one wins an arguement in an immigration interview by saying "I read it on visajourney.com," but you may manage to find useful information in the experiences that others went through which can help you with your process. Or you can just chat and boost your thread count by posting witty little comments with no constructive input... Whatever floats your boat. There is plenty of misinformation to go along with the worthwhile valuable information on this site.

[LoveMyTico 999]

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

Not ALL. If you believe that the directions for Visa applications on this website are the ONLY correct and acceptable way to apply and actually ARGUE that someone's approved application is incorrect, you are obviously misguided.

No one got a Law Degree with a specialty in Immigration and an up-to-date practice by reading this website. Without that we are all "loose guided." No one wins an arguement in an immigration interview by saying "I read it on visajourney.com," but you may manage to find useful information in the experiences that others went through which can help you with your process. Or you can just chat and boost your thread count by posting witty little comments with no constructive input... Whatever floats your boat. There is plenty of misinformation to go along with the worthwhile valuable information on this site.

you need to understand that the Embassy can ask for anything they want. These are only guides.... The best information comes from the posters who actually experienced different circumstances.

The members of this forum are very supportive. Alot of people have waited far longer than you have. If you only waited 5 months for an approval from USCIS then consider yourself lucky. You still need to go through the NVC and then pass your interview. An approval from USCIS is not a visa approval. Its just the beginning.

[wannab2gether 0]

If you already found your answers on a link you were reading then why start a thread and argue with the people who post and try to help ?

Please see my later post. I never intentionally posed a question regarding the I-864 and it seems to have become a tangent that this thread can't move past. The First post was written by me for another purpose in the heat of the moment after getting a letter about our I-130 and I never meant for it to be posted here that way. My wife posted it while I was running out the door to the Nine Inch Nails / Jane's Addiction concert.

I think I need to formulate a new thread that is more concise and start fresh because this thread has become too confused with other directions.

Thanks to all who tried to help. I don't mean to be argumentative but I feel like I'm being put on the defensive to justify the approved applications, and that wasn't my intent in this post.

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.

This confuses me. Are you saying that despite calling your I-130 an "application for K-3 Visa," you can tell them your circumstances have changed and you can somehow attempt to amend the application into a CR1? How is this done? I never looked into this.

I understand that the Embassy can ask for whatever they like. I will be bringing all the documentation with us. Wow- this website needs to allow more edit time- people post while I am still writing...

Edited May 17, 2009 by wannab2gether

[wannab2gether 0]

Wow! payxibka's point about K-3 being non-immigrant was a BIG point that actually may resolve the entire problem!!!

(Link) Consulate in Curacao

Second link

We were under the impression we needed to be interviewed in Caracas, Venezuela because this page says that Immigrant Visas are interviewed there.

I need to call them on Monday to see if they will interview there! (I already emailed them a week ago with no response, but I felt like I was asking for a favor.)

I would not have thought of this... Thanks!

Edited May 17, 2009 by wannab2gether

[payxibka 10,045]

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.

This confuses me. Are you saying that despite calling your I-130 an "application for K-3 Visa," you can tell them your circumstances have changed and you can somehow attempt to amend the application into a CR1? How is this done? I never looked into this.

I understand that the Embassy can ask for whatever they like. I will be bringing all the documentation with us. Wow- this website needs to allow more edit time- people post while I am still writing...

Your confused because you are calling petitions, visa applications... THEY ARE NOT...

The I-130 is a petition to determine eligibility for an alien to apply for a visa at a future date. The visa being CR/IR immigrant visa

The I-129F is a petition to determine eligibility for an alien to apply for a visa at a future date. The visa being a "K" visa.

The visa application is made only after a petition is approved and is done by the DS- series of forms submitted to the Department of state (either NVC or the consulate). If both petitiona are approved then you simply choose which visa you want by following the process and submitting the needed forms.

[payxibka 10,045]

Wow! payxibka's point about K-3 being non-immigrant was a BIG point that actually may resolve the entire problem!!!

(Link) Consulate in Curacao

Second link

We were under the impression we needed to be interviewed in Caracas, Venezuela because this page says that Immigrant Visas are interviewed there.

I need to call them on Monday to see if they will interview there! (I already emailed them a week ago with no response, but I felt like I was asking for a favor.)

I would not have thought of this... Thanks!

I will throw another curve at you... while "K" visas are in fact technically non-immigrant class... they are in fact issued only at certain consulates that have an immigrant visa unit.

[ronjie 0]

talk about shooting the messenger! this poster needs to relax and go read the guides a little longer. only then will he realize how ignorant he was... just stoped in to say hi. I see not too much changes around here. later