new here... still pre-application!

[jaime+leo 0]

Wow, I'm very glad I stumbled across this site! I've already found tons of info here... I've been feeling very overwhelmed about this whole process. But it looks like this is a great place to start.

Here's a bit about my story:

(I'll try to be brief but any situation like this is by definition complicated!)

Met my fiance in Canada, where we were both studying on Student Visas. He is originally from Brazil. We tried to get a K1 visa, but are now looking at the K3... Our K1 application was returned to us (not rejected) due to the stupidest mistake I could have possibly made -- when I wrote the check, I dated it 2005 instead of 2006! (D'oh!) So they sent the whole thing back after two months with the "staledated" check (which I wrote two months ago... grr). So that was totally my fault. Now we don't have enough time before he returns from Brazil to go ahead with the K1.

Now we're looking at our other options. Still planning our wedding for October 8th, which we had decided upon due to the "must get married within 90 days of entry into US" caveat of the K1. We'll get married in the US. We've switched gears -- instead of applying for a fiance visa, we're going to try for a spousal visa.

I do have one question to put to you guys -- I've read different things. Is the K1 a prerequisite of the K3?? I'm so confused about this. On the USCIS website, I read this:

Who is Eligible?

A person may receive a K-3 visa if that person:

-has concluded a valid marriage with a citizen of the United States;

-has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,

-has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse

http://www.uscis.gov/graphics/howdoi/hdiknonimm.htm

But nowhere else do I find this restriction. So far this is my #1 question with this whole thing. I will continue perusing all the info contained here and see what else comes up

Thanks for your help, best of luck to all you waiting for your own applications to clear up, and I'll be back again soon! B)

Haha... you know what? Just reading over my post and the answer came to me!

The I-129F is not the same as a K1 visa. Of course! It's just that silly 2-page form I filled out before... Wow, totally disregard my question. I've been bothered by that question for a few days now and then all the sudden it becomes clear on its own.

Guess I just popped in to say hi then!

[aussiewench 9]

The I-129F is not the same as a K1 visa. Of course! It's just that silly 2-page form I filled out before... Wow, totally disregard my question. I've been bothered by that question for a few days now and then all the sudden it becomes clear on its own.

Guess I just popped in to say hi then!

Correct!! The I-129F is a petition that is used for both fiance (K-1) and spouse (K-3). In order though to file an I-129F for a spouse, one must first file an I-130. Check out the 'Guides' at the top of the page. Oh and welcome to VJ

[Buttons 0]

right for the k3 you file a i-130 then the i-129f

[shirlJ831 0]

welcome and good luck