Leaving the states, what happens to k3?

[Baltar 0]

Hello

I've been lurking for awhile, and Finally decided to make an account and timeline..

Were recently married, and I filed for I130, then a K3 visa.

I miss my wife a lot, we talk at least 2 times every day on the phone, for hours, in between work and everything.

The entire USCIS process is slow and a complete mess. I'm nervous that she's going to get stuck in AP or get her cases forwarded to the FBI since her name is very common in India, and it could take over a year to get any progress. The last time it got touched was in June when they received the k3 visa.

I am seriously thinking about just moving out of america, and live in India with my wife until immigration gets their act together.

I wont sell my house, my parents will be there so that's ok. I figure I would just write up the affadavid of support and leave it with them so when it finally makes it to NVC they can mail it. I will email the 2032 form at that time, and just stay with her, go to the interview, then once she passes the interview, I pack up and move back to USA.

My question is, if I move out of USA, will they cancel my k3/i130 applications, will it affect my applications in any way?

[john_and_marlene 162]

Hello

I've been lurking for awhile, and Finally decided to make an account and timeline..

Were recently married, and I filed for I130, then a K3 visa.

I miss my wife a lot, we talk at least 2 times every day on the phone, for hours, in between work and everything.

The entire USCIS process is slow and a complete mess. I'm nervous that she's going to get stuck in AP or get her cases forwarded to the FBI since her name is very common in India, and it could take over a year to get any progress. The last time it got touched was in June when they received the k3 visa.

I am seriously thinking about just moving out of america, and live in India with my wife until immigration gets their act together.

I wont sell my house, my parents will be there so that's ok. I figure I would just write up the affadavid of support and leave it with them so when it finally makes it to NVC they can mail it. I will email the 2032 form at that time, and just stay with her, go to the interview, then once she passes the interview, I pack up and move back to USA.

My question is, if I move out of USA, will they cancel my k3/i130 applications, will it affect my applications in any way?

She may be asked to produce an up-to-date employment letter to verify that your income has not changed. Will your U.S. based income continue while you are away?

[Anh map 2,098]

You really want to go the CR1 route instead of the K3 as it will save you from having to adjust status after your wife arrives. It will also save you the AOS fee which is over $1000. She will get her green card after arrival with the CR1.

If you will be able to demonstrate an ongoing US income that meets the requirement for the I-864 (or I-134 if you choose K3) when the interview arrives or have a co-sponsor that can meet the requirements you should be ok.

It's no fun to be so far away. It can be a long process, but we all knew that going in. That doesn't make the wait any less frustrating. But it is worth it at the end.

Best of luck to you both.

[Baltar 0]

You really want to go the CR1 route instead of the K3 as it will save you from having to adjust status after your wife arrives. It will also save you the AOS fee which is over $1000. She will get her green card after arrival with the CR1.

If you will be able to demonstrate an ongoing US income that meets the requirement for the I-864 (or I-134 if you choose K3) when the interview arrives or have a co-sponsor that can meet the requirements you should be ok.

It's no fun to be so far away. It can be a long process, but we all knew that going in. That doesn't make the wait any less frustrating. But it is worth it at the end.

Best of luck to you both.

I already got a NOA1 for the k3, so i am thinking the only way I can do CR1 is to just ignore the k3 visa when/if it arrives...

the ongoing US income is one I haven't thought of..

My current work (which puts me well above the poverty line) has offices in India, if they transfer me there then I get to keep my salary and benefits (its a long shot but I can always ask)..

the only other thing i can think is to have my parents co-sponsor me.. which they can do if i ask.

Even if I go with the CR1 route and got the i864 filed, would NVC/USCIS have any issue with me leaving the country while its being processed?

Edited August 4, 2009 by Baltar

[RooDee 0]

I just did that myself. Got married in India in July 2008 and came back with my wife in June 2009. I stayed in India (Bangalore) for a whole year while the K3 process went through. I had a friend take care of my home and my employer was flexible enough to allow me to work from India (in fact I worked from home in India on most of the days). This never caused a problem (they asked my wife about it at her K3 interview but didn't make a big deal out of it). I realize that this may not work for everyone - especially if they cannot stay employed with their US employer.

Deepak

[Baltar 0]

I just did that myself. Got married in India in July 2008 and came back with my wife in June 2009. I stayed in India (Bangalore) for a whole year while the K3 process went through. I had a friend take care of my home and my employer was flexible enough to allow me to work from India (in fact I worked from home in India on most of the days). This never caused a problem (they asked my wife about it at her K3 interview but didn't make a big deal out of it). I realize that this may not work for everyone - especially if they cannot stay employed with their US employer.

Deepak

Wow! I am thinking about living in Bangalore too, since that's where the India office is for my job.. Even if they don't approve me, I'm hoping that my experience in the IT field in america will get me some work in India.

Were you on rent there or did you own property? is a PIO card required for renting?

EDIT: I looked at your timeline, you got the k3 and i130 at the same time, but your wife came in a k3 visa? how come? I thought it would work out better if she came with the I130 instead?

Edited August 4, 2009 by Baltar

[Baltar 0]

Another question, which embassy was her interview?

I wrote Delhi on the I130 for the embassy, without realizing that 2 months later that I am planning on moving very south of there.. does the interview have to be based on what's on the i130 or is it NVC's choice where the interview is?

when you went to Bangalore, did you notify USCIS of the change of address for yourself and your spouse, or did you just let everything get mailed back in states?

Edited August 4, 2009 by Baltar

[pushbrk 12,876]

Even if I go with the CR1 route and got the i864 filed, would NVC/USCIS have any issue with me leaving the country while its being processed?

US Citizens are free to travel. Your only issues will be the affidavit of support and the cumbersome process of dealing with the immigration process from abroad.