Question...

[Sweetcheeksss 91]

First of all, hello to everyone, this is my first post. I am sorry if this has been posted/asked elsewhere, I looked (but could have missed) this question elsewhere.

My husband and I have been married since Jan. 2010. He is in the military and often deployed. We have retained an immigration lawyer to help us but many times, when I ask her questions she either takes forever to answer me or makes me feel like a naughty child for wasting her time with trival questions soooo I thought I'd ask here with the hopes of getting other peoples opinions/help.

Through our lawyer, we have applied for both the K-3 visa AND the immigrant visa. The I-130 was sent to the California service center and recieved on Mar.2,2010 with the notice sent out on Mar. 9, 2010. The I-129f was received on Mar. 30, 2010 and notice sent out on Mar. 31, 2010.

So, here's my first question...

Upon reading your forums, I saw another thread where someone said "as of Feb. 1, 2010 the K-3 visa is non existent" - *if* this is true, wouldn't my lawyer have known that??

Because she emailed me and said -

"Please find attached your i-129F receipt notice we recently received in the mail. Your husband should have received his own copy sent to his residence as well. We are now in the waiting process for these applications to be completed. It takes approximately 5 months for USCIS to complete the processing of both the I-130 and I-129F.

As a friendly reminder, if the I-130 or the I-129F are approved at the same time, you will have to take the immigrant visa (Green Card) route. The K-3 visa will not be an option. The interview will be in Montreal, Canada. In the meantime, please find another questionnaire that you and your son may fill out. This particular questionnaire is if we will take the Immigrant Visa route. We won't need to have this completed right away, but I'd like you to have the questionnaire so you can get started on it and start gathering the necessary supporting documents that will be requested by the National Visa Center.

If you have any questions, please feel free to contact me via email. Thank you for your time and attention, and I'll touch base with you soon."

No where in her email does she mention that the K-3 visa is defunct. Kinda concerns me if she doesn't know that....

Secondly, I used to live in the US and had my green card (approx 9 years ago). Unexpectedly in 2003, I had to come back to Canada (my mom had a stroke) and ended up spending almost a year in Canada. I was totally unaware and very naive about immigration matters sooo when I tried to return to the US, I found that I had "abandoned" my status and was put into removal proceedings. Because I didn't have any solid ties in the US, at the hearing I had to give my green card back.

How will this affect my current situation? I wasn't banned from entering the US or anything(and have been in and out several times since this happened).

Thirdly (and lastly)- no matter what route we end up taking, how likely is it that I will be allowed to cross into the US to visit my hubby while we wait? It is rather difficult for him to come up to Canada to visit me and it would reaaaaaaaaally suck to not see one another for 6 plus months.

Thanks for reading this (sorry it's so long) and hopefully someone can lend a bit of insight on my questions.

Cheers!

[canadian_wife 1,822]

What your lawyer said was correct. When both petitions are approved at USCIS (and they have been being approved on the same day for years now) NVC will close the K-3 making it obsolete. I suggest you do not file the I-129F as it slows down your petition (your I-130 is taken out of position, married up with the I-129F and put at the back of the line).

You will certainly receive questions about your former status in the US, just make sure you answer honestly.

You are allowed to visit, duration of stay and admittance are up to the CBP at the time of crossing. Make sure you bring strong ties to Canada and a copy of the I-130 packet

Good luck

[pushbrk 12,910]

First of all, hello to everyone, this is my first post. I am sorry if this has been posted/asked elsewhere, I looked (but could have missed) this question elsewhere.

My husband and I have been married since Jan. 2010. He is in the military and often deployed. We have retained an immigration lawyer to help us but many times, when I ask her questions she either takes forever to answer me or makes me feel like a naughty child for wasting her time with trival questions soooo I thought I'd ask here with the hopes of getting other peoples opinions/help.

Through our lawyer, we have applied for both the K-3 visa AND the immigrant visa. The I-130 was sent to the California service center and recieved on Mar.2,2010 with the notice sent out on Mar. 9, 2010. The I-129f was received on Mar. 30, 2010 and notice sent out on Mar. 31, 2010.

So, here's my first question...

Upon reading your forums, I saw another thread where someone said "as of Feb. 1, 2010 the K-3 visa is non existent" - *if* this is true, wouldn't my lawyer have known that??

Because she emailed me and said -

"Please find attached your i-129F receipt notice we recently received in the mail. Your husband should have received his own copy sent to his residence as well. We are now in the waiting process for these applications to be completed. It takes approximately 5 months for USCIS to complete the processing of both the I-130 and I-129F.

As a friendly reminder, if the I-130 or the I-129F are approved at the same time, you will have to take the immigrant visa (Green Card) route. The K-3 visa will not be an option. The interview will be in Montreal, Canada. In the meantime, please find another questionnaire that you and your son may fill out. This particular questionnaire is if we will take the Immigrant Visa route. We won't need to have this completed right away, but I'd like you to have the questionnaire so you can get started on it and start gathering the necessary supporting documents that will be requested by the National Visa Center.

If you have any questions, please feel free to contact me via email. Thank you for your time and attention, and I'll touch base with you soon."

No where in her email does she mention that the K-3 visa is defunct. Kinda concerns me if she doesn't know that....

Secondly, I used to live in the US and had my green card (approx 9 years ago). Unexpectedly in 2003, I had to come back to Canada (my mom had a stroke) and ended up spending almost a year in Canada. I was totally unaware and very naive about immigration matters sooo when I tried to return to the US, I found that I had "abandoned" my status and was put into removal proceedings. Because I didn't have any solid ties in the US, at the hearing I had to give my green card back.

How will this affect my current situation? I wasn't banned from entering the US or anything(and have been in and out several times since this happened).

Thirdly (and lastly)- no matter what route we end up taking, how likely is it that I will be allowed to cross into the US to visit my hubby while we wait? It is rather difficult for him to come up to Canada to visit me and it would reaaaaaaaaally suck to not see one another for 6 plus months.

Thanks for reading this (sorry it's so long) and hopefully someone can lend a bit of insight on my questions.

Cheers!

It's possible your lawyer was late learning of NVC's new policies regarding K3, as you filed your I-130 only a few weeks after their announcement made only on a website. On the other hand, the commitment and fee to file both petitions was probably in the works before the announcement.