My K3 Visa application.

[chyiochan 1]

I posted many time last year before I was married.

My husband is a US citizen, and I am a Canadian Citizen.

We were legally married October 26th, 2009. And we filed for our I-130 on November 12th, 2009.

We received an I-797C, Notice of Action from the Department of Homeland Security and USCIS saying they received our application.

Two days ago we received a notice in the mail saying they have approved our application for the I-130.

It states on the notice that they may contact the Beneficiary of the application, which would be me, at my address in Canada.

I am currently in the USA with visitation rights from the border. The image below is what was stapled and stamped into my passport.

I do not know what to do next with my new notice. It says I just have to wait. Am I in a pickle here because of them wanting to contact me, who is "living" in Canada. I believe I should contact them and let them know I am currently visiting in the USA.

Any help or next steps would be appreciated. I can always try and call a lawyer as well for help. the USCIS and Homeland Sec. must know I am in the USA since they filled out this form for me. And they still approved it even when my name would have shown up in their systems as "on parole" in the USA.

The next step in the Case Status window says:

I see this, and I am wondering what people mean by having to wait 1-2 years for a visa on a K3? Am I reading something wrong?

Thank you for all your help and input!

[canadian_wife 1,822]

First of all, you do live in Canada, you are visiting in the US (remember that, you cannot live in the US without proper authorization)

Secondly, you applied for a Cr-1 visa, not a K-3 - based on your post saying you sent the I-130 in.

You're going to want to contact NVC to see if/when they received your petition and then follow LingChe's shortcuts to get through NVC. You will interview in Montreal

When are you to return to Canada?

Good luck.

[chyiochan 1]

Oh ok! Thank you for your input. I was worried that something I did was wrong.

I see that my I-130 was accepted, but wouldn't an I-129F allow me to stay in the USA?

I think I would return to Canada just before my permission to visit the USA has expired. (November 2010) But from what I have already glanced over about NVC, I will need a police report from Canada. I'll have to go back to get that, won't I? I'll be stuck outside of the USA and won't be allowed back in. The girl at the border did say that I can file for another form to give me allowance to visit for a specific reason, but she said to only use it for an emergency so I was allowed to come back into the USA for the rest of my visit. (Like a death of a parent or something of that sort)

I was just wondering how they will be able to contact me at my Canadian address when I'm currently visiting the USA. Should I call them and change my address? I apologize for my misunderstanding. Although all instructions are in English, it is a very confusing process, and it's hard to find out information for my situation.

Edited March 19, 2010 by chyiochan

[canadian_wife 1,822]

A K-3 allows you to enter the US as a spouse with the intentions of immigration to the US eventually. You cannot stay in the US with your current status as a visitor in the US - how did you get permission to stay for so long in the US?

Not only will you need a police check, you will also need to do your medical. There are 4 doctors in Canada that do the medical, 1 in Vancouver, 1 in Toronto, and 2 in Montreal.

No, you should not call and change your address since again, you are not living in the US. Very little correspondences is sent through the mail now. You will be e-mailed the information, you can call to speak to someone regarding your petition, and you can download forms from the internet now. So technically you will only have to go back to Canada at the end of your stay or to get your medical done. Note - you also need the 'long form birth certificate' which you will need to order online.

Good luck

[pushbrk 12,910]

First of all, you do live in Canada, you are visiting in the US (remember that, you cannot live in the US without proper authorization)

Secondly, you applied for a Cr-1 visa, not a K-3 - based on your post saying you sent the I-130 in.

You're going to want to contact NVC to see if/when they received your petition and then follow LingChe's shortcuts to get through NVC. You will interview in Montreal

When are you to return to Canada?

Good luck.

The OP hasn't applied for any visa yet. The approved I-130 petition will provide the opportunity to apply for a CR1 visa. One of the reasons the OP is confused is because to many VJ members interchange the terms "file a petition" with "apply for a visa". Another reason is that the OP either never studied the Guide for the visa path or has forgotten what was studied.

[canadian_wife 1,822]

Quite right Push - thanks

Sorry OP - you petitioned, not applied.

Good luck

[chyiochan 1]

Alright I read on the paper I received it says "approval of this Visa petition".

I am getting a bit more information from the letter since I had to wait a day to see it in my hands. (I had just received a call about it yesterday and was just given a short explanation.)

I apologize if I am asking many questions, but doing this is very complicated for us to understand. I really do appreciate your patience with what I have to say.

I had just made arrangements at the border when my husband and I arrived. We showed them we filed for the I-130, and we were going to do the I-129F. They just gave me the slip allowing me to visit for that long. I do not know how else to explain it. That's why I am having a lot of trouble trying to figure out why they would let me across and stay for so long when so many people here and the guides say I shouldn't be doing it. It says Homeland Security on the waiver too so they had to have been notified and approved of it.

Edited March 19, 2010 by chyiochan

[canadian_wife 1,822]

I wasn't questioning your honesty when crossing the border, I was just wondering how you got so luck! Good on ya!

Congrats on the length of stay in the US - that is excellent!

However, you will need to return to Canada for the medical and interview. The medical is done on a apointment basis once you have the interview

Good luck, you've found the best place for visas

[chyiochan 1]

Oh no of course not! I thank you for all your help on this subject! I have been talking to someone else around where I live who is also a Canadian Immigrant to the USA. She has been helping me with the knowledge as well.

I understand I will have to return when I get the interview and the examination. We are prepared for that!! Thank you!

Sorry I say it but!! (I love ya!)