A few (not-so) quick questions re: I-130 & I-129F

[EmilyRugBurn 0]

Hi Everyone,

I've been lurking on here for the past month or so and think I've got this right, but I, of course, want to be sure before taking the leap. Thanks to everyone for sharing their stories here so openly -- I couldn't have gotten this far without you. (And a big CONGRATULATIONS to everyone who has been successful in their endeavours!!)

Here's a brief run-down of our situation: I'm Canadian (living in Toronto). My husband is American (lives in upstate NY). We met for the first time in 2000 (the US company he was working for at the time, did business with the Canadian company I worked for at the time). In 2001, he came to Canada again (same circumstances - business with the same companies) only he stayed for 3 months, during which time we fell in love. Since it's only an 8-hour drive (and legally, we are allowed to visit each other's country for a period of up to 6 months out of the year), we spent the next 3 years going back and forth about a bazillion times. We finally tied the knot in Toronto (it was a rather large affair) on October 1st 2004 (we're now coming up on our 2-year anniversary). I had a great job and wanted to stay until I finished up my contract at the end of 2005. And at the beginning of this year, I found out I needed foot surgery (which is covered 100% as long as I am an Ontario Resident) so we have waited until now to complete the paperwork and FINALLY get the ball rolling (figuring my surgery date will fall between now and when our petition is, hopefully, approved).

I realize everyone's situation is different, but I would sure appreciate any assistance or advice you can provide. We are about to send in our I-130 (and all related documents and forms), so without further ado (if you've stuck with me this far, I thank you!) here are my questions (sorry for the long post -- I was on a roll)...

1. Here is my understanding of the process -- if anyone can point out where I've gone wrong, please do!!

- Husband mails I-130 forms (and all related documents and forms) to the USCIS Service Center (for NY it is the one in Vermont).

- He waits to receive the first NOA.

- After receiving NOA1, he can register on the USCIS site to track the progress of the petition. Also, at this time, we can start assembling what is needed for to apply for the K-3 (the I-129F and all supporting documents).

- Here's where it gets fuzzy for me... When can we send in the I-129F? Do we need to wait for the I-130 to be approved (ie. the NOA2)? Or can we send it in after we receive NOA1 on the I-130?

- After the I-130 and the I-129F is approved, I will receive information regarding an interview at the US Consolate in Toronto. (And have to fill out all the forms, get a medical, etc...)

- If I pass the interview, I will be granted a Visa, at which time I have 6 months to sell my house and leave Canada.

Another fuzzy spot for me -- I'm not sure when a 2-year conditional Visa is granted, or when a 10-year Visa is granted...?

2. I have used the search feature (several times), but I still do not understand IMBRA - specifically what it is, and how it affects me. Is this something I need to worry about?

3. I'm curious -- what do they ask for in an RFE? (Again, I realize every situation is different - I'm just curious). Is it that they, generally, want to see the originals?

Thanks for sticking with me, here. Again - sorry for the long post. I hope to, one day, become an expert on this (as some of you are), so that I'll be able to help others.

Thanks for you time.

Cheers,

Em

[zyggy 9]

Hi Everyone,

I've been lurking on here for the past month or so and think I've got this right, but I, of course, want to be sure before taking the leap. Thanks to everyone for sharing their stories here so openly -- I couldn't have gotten this far without you. (And a big CONGRATULATIONS to everyone who has been successful in their endeavours!!)

Here's a brief run-down of our situation: I'm Canadian (living in Toronto). My husband is American (lives in upstate NY). We met for the first time in 2000 (the US company he was working for at the time, did business with the Canadian company I worked for at the time). In 2001, he came to Canada again (same circumstances - business with the same companies) only he stayed for 3 months, during which time we fell in love. Since it's only an 8-hour drive (and legally, we are allowed to visit each other's country for a period of up to 6 months out of the year), we spent the next 3 years going back and forth about a bazillion times. We finally tied the knot in Toronto (it was a rather large affair) on October 1st 2004 (we're now coming up on our 2-year anniversary). I had a great job and wanted to stay until I finished up my contract at the end of 2005. And at the beginning of this year, I found out I needed foot surgery (which is covered 100% as long as I am an Ontario Resident) so we have waited until now to complete the paperwork and FINALLY get the ball rolling (figuring my surgery date will fall between now and when our petition is, hopefully, approved).

I realize everyone's situation is different, but I would sure appreciate any assistance or advice you can provide. We are about to send in our I-130 (and all related documents and forms), so without further ado (if you've stuck with me this far, I thank you!) here are my questions (sorry for the long post -- I was on a roll)...

1. Here is my understanding of the process -- if anyone can point out where I've gone wrong, please do!!

- Husband mails I-130 forms (and all related documents and forms) to the USCIS Service Center (for NY it is the one in Vermont).

- He waits to receive the first NOA.

- After receiving NOA1, he can register on the USCIS site to track the progress of the petition. Also, at this time, we can start assembling what is needed for to apply for the K-3 (the I-129F and all supporting documents).

- Here's where it gets fuzzy for me... When can we send in the I-129F? Do we need to wait for the I-130 to be approved (ie. the NOA2)? Or can we send it in after we receive NOA1 on the I-130?

You can send in the I-129F for the K-3 once you get the NOA for the I-130

- After the I-130 and the I-129F is approved, I will receive information regarding an interview at the US Consolate in Toronto. (And have to fill out all the forms, get a medical, etc...)

Your interivew will not be in Toronto. It will be at the US Consulate in Montreal. Toronto does not have an Immigrant Visa Unit and therefore does not handle Immigrant or K visas.

- If I pass the interview, I will be granted a Visa, at which time I have 6 months to sell my house and leave Canada.

Yes... However, you only have 6 months to activate it. You could in theory get the visa, activate it and then go back home to settle your affairs. However, selling your home after you have activated the visa could cause some tax issues regarding capital gains.

Another fuzzy spot for me -- I'm not sure when a 2-year conditional Visa is granted, or when a 10-year Visa is granted...?

If you have been married for more than 2-years once permanent resident status is granted, you will have IR-1 status and will not have to file to remove your conditions 2 years after permanent status was granted.

2. I have used the search feature (several times), but I still do not understand IMBRA - specifically what it is, and how it affects me. Is this something I need to worry about?

You only have to worry about it in terms of a K visa. In your case a K3. THis comes into play if your husband has a criminal record or has petitioned for K visa previously. However, the background check for the petitioner slows the process down. In your case, you may want to forego the K visa all together and just go for the Immigrant Visa. If you aren't burning to get to the US, it may be better for you to wait as the K3 visa does not include work permission (you have to apply for it) and make take just as long as the Immigrant would anyways.

3. I'm curious -- what do they ask for in an RFE? (Again, I realize every situation is different - I'm just curious). Is it that they, generally, want to see the originals?

It could be for anything... missing information, additional information, etc.

Thanks for sticking with me, here. Again - sorry for the long post. I hope to, one day, become an expert on this (as some of you are), so that I'll be able to help others.

Thanks for you time.

Cheers,

Em

Edited July 28, 2006 by zyggy

[EmilyRugBurn 0]

Thank you, zyggy. Bless your heart.

Your info regarding the K-3 is priceless. After all the research I've done, I had no idea -- thanks for spelling it out for me. Perhaps we will just wait for the IR-1 (that is the Immigrant Visa, yes?) rather than going the K Visa route, which seems like a lot more unnecessary hassle.

So basically, all I need to do is have my husband mail the I-130 (and related forms and documents) and wait for the notices and further instruction. (Yes?)

Thanks also for clarifying that I will need to go to Montreal. I'm sure I would've figured it out eventually, but it's nice to be a step ahead.

Cheers to you, zyggy!! Thanks a million!

~ Em

[zyggy 9]

Thank you, zyggy. Bless your heart.

Your info regarding the K-3 is priceless. After all the research I've done, I had no idea -- thanks for spelling it out for me. Perhaps we will just wait for the IR-1 (that is the Immigrant Visa, yes?) rather than going the K Visa route, which seems like a lot more unnecessary hassle.

So basically, all I need to do is have my husband mail the I-130 (and related forms and documents) and wait for the notices and further instruction. (Yes?)

Thanks also for clarifying that I will need to go to Montreal. I'm sure I would've figured it out eventually, but it's nice to be a step ahead.

Cheers to you, zyggy!! Thanks a million!

~ Em

Yep.. Send in the I-130.. It will then get forwarded to the CSC. Once approved, it will get forwarded to the NVC for processing. To get a better idea of that processing, go to either the NVC forum or the IR-1 forum.

Expect it to take about 9 to 12 months from beginning to end...

[CutienPurg 0]

If I may add a point for consideration to the mix.........

I-130's being processed in Montreal,

according to VJ timelines, are taking up to 380 days. Add that to the 114 days in California and its a pretty long wait to be together. K-3's on the other hand get you " home " much faster( timelines suggest 200 or so days for Montreal) albeit with more limitations in the beginning, as Zyggy said, you wont be able to work initially. I suppose you have to weigh the pros with the cons of each path and make your own choice as to what issues are most important to you and yours.

-The possibilty of not being able to visit during the process is always open, however, it has not appeared to be a significant issue with most I've read about(including us) traveling between Canada and the U.S.. I have a tendancy to fret about such things.I also tend to consider the worst case scenario and if it's something I'm willing to live with. In our particular situation , my husband doesnt have to work immediately upon arrival as he will have his Candian Forces pension. Our goal was to have him here and begin our life together as quickly as we could as well as allow him the freedom to travel freely to Canada to visit his mom and children. The K-3 seemed to meet those requirements for us.

Anyway ............good luck on your journey.......oh and eat all the poutine you can before you emmigrate

[EmilyRugBurn 0]

Thanks for your response, CutienPurg. I didn't realize that it could take that long for the I-130s to be processed via Montreal. The worst-case-scenario (a year or more), is admittedly, pretty terrible.

Just when I think I understand it all - I realize, I do not.

In regards to working right away, fortunately, that will not be an issue for me (I see it's roughly a 3 month wait for an EAD)... so now perhaps the K-3 is our best option.

So if I were to go the K-3 route (which we can submit once we recieve NOA1 from the I-130), once in the US, I would need apply for adjustment of status, then yes? The Step-By-Step Guide, seems to indicate that this is a fairly lenghty process (and it looks as though I may require a second medical exam?), but at least we get to wait it out together.

Does anyone know the conditions on the K-3? I know I won't be able to work until I have an EAD, but while I'm in the US (on the K-3) can I visit Canada? Can I travel outside the US? (I think I read somewhere that I can, but I have to file for an Adjustment of Status before travelling, so they know I intend to come back...). Is that right? Is there anything else I should know?

So this is the basic procedure then:

- Husband mails I-130 from NY (this will happen tomorrow!)

- When he receives NOA1, we will prepare and send in I-129F

- When I-129F is approved (NOA2), I will recieve information regarding a medical exam and a date/time for my interview in Montreal.

- After the interview, if I am granted a K-3 Visa, I have 6 months to move out of Canada.

- Once in the US, I need to file for an Adjustment of Status (from K-3 restrictions to Permanent Resident), and I need to do this before travelling outside the US.

Is it possible to have your I-130 approved before your I-129F (/before being granted a K-3)? So that you don't need to apply for an AOS?

So, for dummies like me, the K-3 is (roughly) twice as fast (since you get to be with your spouse in the meantime), but twice as much paperwork to get everything settled?

Sorry for all the questions -- I'm just trying to wrap my head around it all. (Perhaps an immigration lawyer would be a good idea..!).

And good advice, CutienPurg -- I will plan on eating plenty of poutine and Swiss Chalet rotiserie chicken before I go! Good luck to you, as well!

[zyggy 9]

Thanks for your response, CutienPurg. I didn't realize that it could take that long for the I-130s to be processed via Montreal. The worst-case-scenario (a year or more), is admittedly, pretty terrible.

Just when I think I understand it all - I realize, I do not.

In regards to working right away, fortunately, that will not be an issue for me (I see it's roughly a 3 month wait for an EAD)... so now perhaps the K-3 is our best option.

So if I were to go the K-3 route (which we can submit once we recieve NOA1 from the I-130), once in the US, I would need apply for adjustment of status, then yes? The Step-By-Step Guide, seems to indicate that this is a fairly lenghty process (and it looks as though I may require a second medical exam?), but at least we get to wait it out together.

Does anyone know the conditions on the K-3? I know I won't be able to work until I have an EAD, but while I'm in the US (on the K-3) can I visit Canada? Can I travel outside the US? (I think I read somewhere that I can, but I have to file for an Adjustment of Status before travelling, so they know I intend to come back...). Is that right? Is there anything else I should know?

So this is the basic procedure then:

- Husband mails I-130 from NY (this will happen tomorrow!)

- When he receives NOA1, we will prepare and send in I-129F

- When I-129F is approved (NOA2), I will recieve information regarding a medical exam and a date/time for my interview in Montreal.

- After the interview, if I am granted a K-3 Visa, I have 6 months to move out of Canada.

- Once in the US, I need to file for an Adjustment of Status (from K-3 restrictions to Permanent Resident), and I need to do this before travelling outside the US.

Is it possible to have your I-130 approved before your I-129F (/before being granted a K-3)? So that you don't need to apply for an AOS?

The K-3 is a kind of a holding pattern. It allows you to be in the US until one of two things happens:

1) You go through with the I-130 and go through the NVC and have the interview in Montreal which would result in a Immigrant Visa whhich results in admittance as a Permanent Resident upon entry

or

2) You file a I-485 when you arrive in the US which goes theough the USCIS and results in Permanent Resident status in the US. You have this interview at your distirct office.

You choose one path or the other. Realize that one path may be faster in some places than in others... i.e. there is a wait of more than 2 years for an AOS interview in New York City.

The K3 allows you to travel... and you don't have to file for the I-485 to be able to travel. That's for K-1 applicants. The only downside is the work thing. You have to file an I-765 to be able to get an EAD. Realize that in order to get a lot of things established in the US such as banking, driver license, etc. cannot be accomplished without a SSN which you can get only with an EAD. But you could enter the US as soon as you got your visa, go back and file your I-765.. all while you clear your affairs up back home...

So, for dummies like me, the K-3 is (roughly) twice as fast (since you get to be with your spouse in the meantime), but twice as much paperwork to get everything settled?

Sorry for all the questions -- I'm just trying to wrap my head around it all. (Perhaps an immigration lawyer would be a good idea..!).

And good advice, CutienPurg -- I will plan on eating plenty of poutine and Swiss Chalet rotiserie chicken before I go! Good luck to you, as well!

Yes... You can consider filing an I-129F as an insurance policy.... it may get you to the US quicker.. then again it may not... The I-130 could still beat it.

You can still go through with the I-130 and go back to Montreal for a interview.. or you can file in the US and go to your DO...

Just realize the end goal is to get PR status as quickly as possible.

Ask all the questions you can here.. I think you'll find that we have most of your answers... If we don't, we'll be more than happy to tell you to go and see a lawyer...

Edited July 28, 2006 by zyggy

[CutienPurg 0]

I'm sorry I cannot address all of your question as I myself am not totally versed in the process. If I try to take in too much info before I need it I have a tendancy to get my wires crossed.

So what I can answer is the AOS issue..............my grasp of that part is that you do not need to adjust status before traveling outside the U.S..

I'll be perfectly honest and say I'm not clear as to why doing the AOS part, before emmigrating or after, is important......unless it's an employment issue for some. Maybe someone can make a clearer point on that.

Yes it is very much possible to have the I-130 approved before the I-129F , there are quite a few who have had that happen. Again, it then comes to important personal pros and cons as to which route you persue. The I-130 after approval sits at the NVC for a bit of time, much longer than the I-129F does, which accounts for the lengthier wait.

As far as the lawyer goes ...............well there are mixed reviews in the dept. Some say they are useless and a total waste of time and money.Others such as Yodrak suggest consulting a " good immigration attorney". Maybe he would be interested in pointing you in the direction of one

Oh and stock up on bottled ceasars. Unless you have the "knack" for making a good one yourself , you cant get the pre-made ones in the states:(...........and yes Im Canadian (by injection of course;) )

Zyggy , you must type with more than 2 fingers lolololololol

[zyggy 9]

Zyggy , you must type with more than 2 fingers lolololololol

CHuckle...

Yeah.. I use all 10

Plus the other 5 on my secret 3rd hand '

[CutienPurg 0]

Zyggy , you must type with more than 2 fingers lolololololol

CHuckle...

Yeah.. I use all 10

Plus the other 5 on my secret 3rd hand '

8 plus 2 thumbs ....err in your case 12 and 3.....you lucky #######!!!!!!

[EmilyRugBurn 0]

Thank you so much -- both of you. You have been a HUGE help. (I have a feeling you haven't heard the last of me!...)

Have a great night! (And weekend!)

Cheers,

~ Em

[Jersey Girl 2]

Emily, any idea on the wait time for your surgery? It could have an impact on your timelines. You wouldn't want to be hobbling around recouperating while trying to sell your house and preparing for the K3 interview! You might consider putting your house on the market after the surgery but in advance of the visa. You could take a short-term rental until you move to the States.