Huge confusion

[imaisha 1]

i started this process almost 8 months ago and i'm still learning something new every day. we all are keep reading and keep asking questions!

[FreddY2081 0]

i started this process almost 8 months ago and i'm still learning something new every day. we all are keep reading and keep asking questions!

So this means you are still waiting to enter the US?

[imaisha 1]

It's my husband who is the foreign citizen, but yes, he's still waiting to enter. We filed with USCIS in October, were approved exactly 7 months later and we're currently doing the processing at NVC. We expect he'll receive his visa in August, September at the latest (I hope). So it will work out to about 10-11 months.

Even if you do everything perfectly, there can be bumps in the road. A good estimate is usually 1 year. Some people fly through the whole thing and get approvals from USCIS in two months, others sit there untouched for much much longer. It's really hard to predict the whole timeframe until you've passed that point.

You're also allowed to try to visit during the process if a year will be too long to be apart. My husband was able to come over twice, spending a total of about 3 months of the process here. You can come over on a visa waiver, you just have to bring enough evidence that you will return to your country (letter from an employer, lease, car payments, etc.) to convince the immigration officer that you are not planning on overstaying. Some people have had a hard time. My husband and quite a few others have thankfully never had any trouble.

Edited May 26, 2009 by imaisha

[imaisha 1]

I also see that you've filled in your timeline as a K-1 visa. Find out your NOA1 date for the I-130 and be sure to change that to a K-3 visa and fill that part in.

The time frames for the two visas can vary slightly so it's important to input as much information as possible to get the best estimate. My approval came right in the middle of the dates VisaJourney predicted, so it can be very accurate for some.

[FreddY2081 0]

It's my husband who is the foreign citizen, but yes, he's still waiting to enter. We filed with USCIS in October, were approved exactly 7 months later and we're currently doing the processing at NVC. We expect he'll receive his visa in August, September at the latest (I hope). So it will work out to about 10-11 months.

Even if you do everything perfectly, there can be bumps in the road. A good estimate is usually 1 year. Some people fly through the whole thing and get approvals from USCIS in two months, others sit there untouched for much much longer. It's really hard to predict the whole timeframe until you've passed that point.

You're also allowed to try to visit during the process if a year will be too long to be apart. My husband was able to come over twice, spending a total of about 3 months of the process here. You can come over on a visa waiver, you just have to bring enough evidence that you will return to your country (letter from an employer, lease, car payments, etc.) to convince the immigration officer that you are not planning on overstaying. Some people have had a hard time. My husband and quite a few others have thankfully never had any trouble.

Im not actually planning to visit the US, as my wife and my son are in Italy with me right now... They told me it was not a good idea to go to the us even only to visit..

You know whats the funny thing? I never wanted to move there, I had, and I still have my job in Italy, i have a family house and stuff, the only reaason that we are doing this is to give my son a little bit more opportunities in the future... But the thing that I always hated the most was to get the 3rd degree everytime i came to visit my inlaws in the US for the whole 8 years I knew my wife, specially after we got married... after all I had the right to ask for a visa (like im doing now) but they always kept me for hours at the custom just to "ask me some more questions"....

[Peace be still 6]

Freddy, I can say from experience that the spouse visa takes about 9 to 12 months for completion. So, if you have just started in January, you'll might be completed somewhere along, late October to December.

There is plenty of information on this site to help you thru the process. Good luck going forward.

RoxcieJoe is correct about the average wait time. However, you pray that your paperwork falls on an adjudicators desk that will go through the cases and read your evidence without taking their sweet time. In any event I wish you a smooth process.

[SP&JM 0]

It's my husband who is the foreign citizen, but yes, he's still waiting to enter. We filed with USCIS in October, were approved exactly 7 months later and we're currently doing the processing at NVC. We expect he'll receive his visa in August, September at the latest (I hope). So it will work out to about 10-11 months.

Even if you do everything perfectly, there can be bumps in the road. A good estimate is usually 1 year. Some people fly through the whole thing and get approvals from USCIS in two months, others sit there untouched for much much longer. It's really hard to predict the whole timeframe until you've passed that point.

You're also allowed to try to visit during the process if a year will be too long to be apart. My husband was able to come over twice, spending a total of about 3 months of the process here. You can come over on a visa waiver, you just have to bring enough evidence that you will return to your country (letter from an employer, lease, car payments, etc.) to convince the immigration officer that you are not planning on overstaying. Some people have had a hard time. My husband and quite a few others have thankfully never had any trouble.

Im not actually planning to visit the US, as my wife and my son are in Italy with me right now... They told me it was not a good idea to go to the us even only to visit..

You know whats the funny thing? I never wanted to move there, I had, and I still have my job in Italy, i have a family house and stuff, the only reaason that we are doing this is to give my son a little bit more opportunities in the future... But the thing that I always hated the most was to get the 3rd degree everytime i came to visit my inlaws in the US for the whole 8 years I knew my wife, specially after we got married... after all I had the right to ask for a visa (like im doing now) but they always kept me for hours at the custom just to "ask me some more questions"....

That annoys my husband, too, who doesn't actually want to come to the US but realizes I'll be happier here.

Quick question for those more "in the know." Even if they've already filed in the US, can they do DCF (direct consular filing)? Understanding that they might lose the $ for the initial application, if his wife is in Italy with him and can still claim residency, this seems like it would be a lot faster...

I really don't know if it's possible, but I'm just throwing it out there.

[imaisha 1]

in order to DCF she'd have to have been there as a resident for the last 6 months. if that's not the case then they'd definitely lose time waiting to meet that requirement and start DCF.

also don't know how withdrawing a petition will affect later processing. do you have to declare it when asked if you've ever filed for a relative before, even if it's not approved? probably. not sure though, and not sure if that would actually make any difference.

[FreddY2081 0]

I also see that you've filled in your timeline as a K-1 visa. Find out your NOA1 date for the I-130 and be sure to change that to a K-3 visa and fill that part in.

The time frames for the two visas can vary slightly so it's important to input as much information as possible to get the best estimate. My approval came right in the middle of the dates VisaJourney predicted, so it can be very accurate for some.

I found out the NOA1 date for the I130, but i cant seem to understand how to add the I130 section in my timeline

[FreddY2081 0]

By the way, my wife keeps calling them, and they keep confusing us....

When we'll be able to actually know how many days are left for our case??? Why does it has to be so complicated???

Let just say, like a lady over the phone said, that ill get approved the end of june, they'll send my file to the nvc, and then theres no way to know whats going to happen next?

Edited May 26, 2009 by FreddY2081

[imaisha 1]

go here: http://www.visajourney.com/timeline/intro.php?cfl=

to edit your timeline. the 4th question is "visa type"- change that to K-3 and then you'll see the boxes for inputting the I-130. that form isn't used for the k-1, which is what you have selected now, so there are no spaces for it.

there's no way to know when anything will be done. it's not "automatic." no one can tell you how many days you have left. you could go beyond 6 months at USCIS. i did. once it gets to NVC, there are ways to check on it. you can call and get updates and if you read the LingChe shortcuts that i linked earlier then you'll have a good idea of how the process works at NVC. there are no set timelines though, that's something to remember. USCIS says 6 months, but it could be more it could be less. NVC says 4-6 weeks for most forms but if you follow the shortcuts and use e-mail, etc. all these little tricks cut that time down. there's no way to make anyone move any faster though so the best you can do is be ready to give them what they want as soon as they ask for it. and that preparation just takes some research on here.

[FreddY2081 0]

go here: http://www.visajourney.com/timeline/intro.php?cfl=

to edit your timeline. the 4th question is "visa type"- change that to K-3 and then you'll see the boxes for inputting the I-130. that form isn't used for the k-1, which is what you have selected now, so there are no spaces for it.

there's no way to know when anything will be done. it's not "automatic." no one can tell you how many days you have left. you could go beyond 6 months at USCIS. i did. once it gets to NVC, there are ways to check on it. you can call and get updates and if you read the LingChe shortcuts that i linked earlier then you'll have a good idea of how the process works at NVC. there are no set timelines though, that's something to remember. USCIS says 6 months, but it could be more it could be less. NVC says 4-6 weeks for most forms but if you follow the shortcuts and use e-mail, etc. all these little tricks cut that time down. there's no way to make anyone move any faster though so the best you can do is be ready to give them what they want as soon as they ask for it. and that preparation just takes some research on here.

That sucks...

BTW, we just came to know that my wife is pregnant again, and we probably won't be together when the time comes that she has to give birth... how funny is that, the family is the more import thing, and we are doing this to give more oportunities to our kids, but until the USCIS decides to give us the chance the family wont be togther...

Anyway, I looked into the DCF process, and even if my wife can still claim residency in italy, it seems that here the embassy doesnt give anyone this oportunity... if you have more advice about it i will be happy to hear them...

[FreddY2081 0]

go here: http://www.visajourney.com/timeline/intro.php?cfl=

to edit your timeline. the 4th question is "visa type"- change that to K-3 and then you'll see the boxes for inputting the I-130. that form isn't used for the k-1, which is what you have selected now, so there are no spaces for it.

there's no way to know when anything will be done. it's not "automatic." no one can tell you how many days you have left. you could go beyond 6 months at USCIS. i did. once it gets to NVC, there are ways to check on it. you can call and get updates and if you read the LingChe shortcuts that i linked earlier then you'll have a good idea of how the process works at NVC. there are no set timelines though, that's something to remember. USCIS says 6 months, but it could be more it could be less. NVC says 4-6 weeks for most forms but if you follow the shortcuts and use e-mail, etc. all these little tricks cut that time down. there's no way to make anyone move any faster though so the best you can do is be ready to give them what they want as soon as they ask for it. and that preparation just takes some research on here.

That sucks...

BTW, we just came to know that my wife is pregnant again, and we probably won't be together when the time comes that she has to give birth... how funny is that, the family is the more import thing, and we are doing this to give more oportunities to our kids, but until the USCIS decides to give us the chance the family wont be togther...

Anyway, I looked into the DCF process, and even if my wife can still claim residency in italy, it seems that here the embassy doesnt give anyone this oportunity... if you have more advice about it i will be happy to hear them...

I read up the shortcut guide, so now we'll begin to prepare the documents needed... one thing i didnt get straight, the beneficiary documents is better if sent to the petitioner, so that she can mail them out over night, right?

[imaisha 1]

Yes, I the petitioner had all of the documents ready to go so that I could mail them from here in the U.S. It's not only faster but cheaper and more reliable that way. The first step when you get to NVC is a form called the DS-3032, which allows you to appoint someone in the U.S. to receive all the paperwork from them. You should make this person your wife. She'll be the one sending in the documents and she'll also need to pay the fees because they must be drawn from a U.S. bank in U.S. dollars.

[FreddY2081 0]

Yes, I the petitioner had all of the documents ready to go so that I could mail them from here in the U.S. It's not only faster but cheaper and more reliable that way. The first step when you get to NVC is a form called the DS-3032, which allows you to appoint someone in the U.S. to receive all the paperwork from them. You should make this person your wife. She'll be the one sending in the documents and she'll also need to pay the fees because they must be drawn from a U.S. bank in U.S. dollars.

Ok, now another question...

She has been living here for the past 8 years, so she didnt work there for a long time... We'll need a cosponsor to do thhis, or is there another choicE?