K3 approval time questions - timeline discrepancies

[meridianpac 0]

hello again everyone.

Some of you may remember this thread - http://www.visajourney.com/forums/topic/268713-no-simple-answer-k-3-cr-1-and-ughhhharggghh/page__p__4114895#entry4114895

In it I was trying desperately to discover how my soon to be wife would be able to stay with me through the visa process, and found out that the could not stay with me at all. That we would have to go through the process of visitation and the like.

Heather and I were married on 08/09/10, and she ended up staying until today. She was on a visitor visa that expires tomorrow, and had to leave today for obvious reasons. She just landed in Halifax, and spoke to the border agent there who said that the only thing she would need for a visit is a return ticket to Halifax, and they might be able to grant her up to 6 months in the United states. She is busy at the moment, but I will verify with her the length of time that is generally granted on a visitor's visa to the united states. Any help you can provide on this subject through experience is most appreciated. Some people were saying that she would be denied entry back to the states because we were married, the border agent seemed to dispel that pretty quickly.

I am in pieces, and it has been a wave of emotion all day long. Watching her plane streak into the sky was one of the most difficult things I have had to do. I am nervous about the CR-1 process, and wondered if someone could give me some experiential timeline data that doesnt conflict with everything I have been reading on this site.

Most everyone has said that the CR-1 process takes about 4-5 months. In the timelines that I am seeing it is taking 7-8 months. I have read the info on the I-130 and forgive me, but I am still confused, and it seems as if no one has the answer to my questions. Again, forgive me, I'm new at this and dont want to leave anything out. I want to do it without any mistakes.

Here is the situation again:

My wife just returned to Canada.

She has a 17 month old son who currently resides in the Philippines with my Wife's Father. Her son has a Canadian passport, and a Philippine birth certificate.

She will be retrieving him as soon as possible.

Once they are both back in Canada, they want to immigrate to the United States so we can be a family.

No criminal records, and my income is 600% above the poverty line. Neither of us has been denied entry.

If someone who has experience with this can reply to this thread, or send me a message I would really appreciate it.

My heart aches, and I want to get this ball rolling as soon as possible.

Thanks for all that you are doing.

Josh & Heather

We want to do this right. I know that doing it right means going through all the proper channels, and immigrating legally.

[Darnell 8,478]

Hey - I remember yer other post.

Specifically for CR-1/CR-2 stuff -

1. file 2 I-130's - one for her, one for the child, together, concurrently.

2. Canadien passports? They are Canadien Citizens, but remember, later, she'll need the PCCs from PI, Canada and other countries where she's resided, since age 16, over 6 months at a time - You have some time to generate these, suggest you 'start' when you have NOA-2 notice (approval notice) on both petitions.

3. Suggest the child return to Canada WHEN you learn of the interview date with the DoS Hotline Humans.

K-3 stuff

1. Sorry, K-3 is dead, mostly - IMO, the 'likelihood' of any I-129F being administratively closed at NVC, is close to 99.99 percent.

2. Filing any I-129F for a K-3, after I-130 receipt notice, will delay the case processing, anywhere from 2 to 14 weeks.

Some approx timelines

I-130 processing/approval - 5 to 6 months, currently - could be less for the fall quarter, as FY2010 ends in September

USCIS-NVC handover - 2 weeks

NVC Processing - currently between 6 to 11 weeks, use NVC Electronic Processing (see http://www.visajourney.com/wiki/index.php/NVC_Electronic_Processing and http://www.visajourney.com/forums/topic/224010-electronic-processing/ ) combined with the online payment portal (see http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467 ) to get the fastest speed for your NVC intake of documents and payments.

NVC appointment setting - Montreal is lagged these last 3 or 4 quarters, is some staffing problems for them, so once you have 'final review' at NVC, expect another wait between 6 to 18 weeks at NVC, waiting for the queue for the appointment to be set.

and that's about all I can tell you, for now.

It may be that Montreal unlags itself in the future, it may be that the NVC slowdown will fix itself, also.

Be certain to 'flush' concepts of K-3 visa here, as that I-129F will be adminstratively closed when USCIS passes it over to NVC, see http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

The good news - is that if it's more than 2 years from marriage date to interview date, then she will receive an IR-1 visa, the child receiving an IR-2 visa - no mucking about with any 'removal of conditions case' once she's in the USA - both will be issued 10 year green cards.

In closing, please take the time to read the links I've supplied, and study the guides here at VJ. Many times it helps to have actual printouts of 'whats on yer screen' for instructions, can study in a quieter setting. Make copious notes. Practice filling out the forms, many times. When you get stuck, hey ! Come back and ask questions !

Good Luck !!

Edited August 29, 2010 by Darnell

[meridianpac 0]

Hey - I remember yer other post.

Specifically for CR-1/CR-2 stuff -

1. file 2 I-130's - one for her, one for the child, together, concurrently.

2. Canadien passports? They are Canadien Citizens, but remember, later, she'll need the PCCs from PI, Canada and other countries where she's resided, since age 16, over 6 months at a time - You have some time to generate these, suggest you 'start' when you have NOA-2 notice (approval notice) on both petitions.

3. Suggest the child return to Canada WHEN you learn of the interview date with the DoS Hotline Humans.

K-3 stuff

1. Sorry, K-3 is dead, mostly - IMO, the 'likelihood' of any I-129F being administratively closed at NVC, is close to 99.99 percent.

2. Filing any I-129F for a K-3, after I-130 receipt notice, will delay the case processing, anywhere from 2 to 14 weeks.

Some approx timelines

I-130 processing/approval - 5 to 6 months, currently - could be less for the fall quarter, as FY2010 ends in September

USCIS-NVC handover - 2 weeks

NVC Processing - currently between 6 to 11 weeks, use NVC Electronic Processing (see http://www.visajourney.com/wiki/index.php/NVC_Electronic_Processing and http://www.visajourney.com/forums/topic/224010-electronic-processing/ ) combined with the online payment portal (see http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467 ) to get the fastest speed for your NVC intake of documents and payments.

NVC appointment setting - Montreal is lagged these last 3 or 4 quarters, is some staffing problems for them, so once you have 'final review' at NVC, expect another wait between 6 to 18 weeks at NVC, waiting for the queue for the appointment to be set.

and that's about all I can tell you, for now.

It may be that Montreal unlags itself in the future, it may be that the NVC slowdown will fix itself, also.

Be certain to 'flush' concepts of K-3 visa here, as that I-129F will be adminstratively closed when USCIS passes it over to NVC, see http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

The good news - is that if it's more than 2 years from marriage date to interview date, then she will receive an IR-1 visa, the child receiving an IR-2 visa - no mucking about with any 'removal of conditions case' once she's in the USA - both will be issued 10 year green cards.

In closing, please take the time to read the links I've supplied, and study the guides here at VJ. Many times it helps to have actual printouts of 'whats on yer screen' for instructions, can study in a quieter setting. Make copious notes. Practice filling out the forms, many times. When you get stuck, hey ! Come back and ask questions !

Good Luck !!

Thanks for the response. This is mind numbing. I get three weeks of vacation per year. That means I will only be able to see my wife 21 days out of the next 8 months? This process cannot be that extreme. There has got to be an easier way. Argh, this coming on the day she left too isnt helping at all. I dont know what to do except just sit back and drop the blade. suffer through a giant chunk of our lives. Thanks for the info though. I really do appreciate your help.

josh & heather

[canadian_wife 1,822]

Trust me, if there was an easier way, don't you think we'd all be doing it?

We all know the separation is difficult and those of us from Canada know the wait in Montreal is tremendously slow. It is difficult

Do not delay in sending the I-130 packets for both child and wife tomorrow if possible. Also, round up that letter from the boy's father allowing him to immigrate to the US.

My Canadian sister, when she visits me in the US, has been asked for a letter from the father (to visit) 95% of the time. The US takes the movement of children without the father into their borders very seriously.

As for entering into the US, no border agent can tell you 100% that she will be admitted. Each entrance is adjudicated separatly at the time of crossing. After spending an extremly long time in the US, she may be asked for her ties to Canada - make sure she has some, and more than just a return ticket to Halifax

The time you're looking at is 8 - 12 months from start of petitioning to the interview in Montrel. It took us 10 months but some in the Canada forum are looking into their 14th month. yes, it is terrible but the support of VJ is invaluable.

Good luck, this place is perfect for questions and support

[meridianpac 0]

Trust me, if there was an easier way, don't you think we'd all be doing it?

We all know the separation is difficult and those of us from Canada know the wait in Montreal is tremendously slow. It is difficult

Do not delay in sending the I-130 packets for both child and wife tomorrow if possible. Also, round up that letter from the boy's father allowing him to immigrate to the US.

My Canadian sister, when she visits me in the US, has been asked for a letter from the father (to visit) 95% of the time. The US takes the movement of children without the father into their borders very seriously.

As for entering into the US, no border agent can tell you 100% that she will be admitted. Each entrance is adjudicated separatly at the time of crossing. After spending an extremly long time in the US, she may be asked for her ties to Canada - make sure she has some, and more than just a return ticket to Halifax

The time you're looking at is 8 - 12 months from start of petitioning to the interview in Montrel. It took us 10 months but some in the Canada forum are looking into their 14th month. yes, it is terrible but the support of VJ is invaluable.

Good luck, this place is perfect for questions and support

Thanks so much for taking the time to give the response. It is my understanding that the father is not listed on the birth certificate. Is this helpful? They were never married, and he ran out on her when she was 7 months. If she puts him on there, I dont know the chances of him signing a letter saying it is alright for his son to immigrate to the US. This adds a new variable to the situation that I didnt anticipate.

josh & heather

[meridianpac 0]

Hey - I remember yer other post.

Specifically for CR-1/CR-2 stuff -

1. file 2 I-130's - one for her, one for the child, together, concurrently.

2. Canadien passports? They are Canadien Citizens, but remember, later, she'll need the PCCs from PI, Canada and other countries where she's resided, since age 16, over 6 months at a time - You have some time to generate these, suggest you 'start' when you have NOA-2 notice (approval notice) on both petitions.

3. Suggest the child return to Canada WHEN you learn of the interview date with the DoS Hotline Humans.

K-3 stuff

1. Sorry, K-3 is dead, mostly - IMO, the 'likelihood' of any I-129F being administratively closed at NVC, is close to 99.99 percent.

2. Filing any I-129F for a K-3, after I-130 receipt notice, will delay the case processing, anywhere from 2 to 14 weeks.

Some approx timelines

I-130 processing/approval - 5 to 6 months, currently - could be less for the fall quarter, as FY2010 ends in September

USCIS-NVC handover - 2 weeks

NVC Processing - currently between 6 to 11 weeks, use NVC Electronic Processing (see http://www.visajourney.com/wiki/index.php/NVC_Electronic_Processing and http://www.visajourney.com/forums/topic/224010-electronic-processing/ ) combined with the online payment portal (see http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467 ) to get the fastest speed for your NVC intake of documents and payments.

NVC appointment setting - Montreal is lagged these last 3 or 4 quarters, is some staffing problems for them, so once you have 'final review' at NVC, expect another wait between 6 to 18 weeks at NVC, waiting for the queue for the appointment to be set.

and that's about all I can tell you, for now.

It may be that Montreal unlags itself in the future, it may be that the NVC slowdown will fix itself, also.

Be certain to 'flush' concepts of K-3 visa here, as that I-129F will be adminstratively closed when USCIS passes it over to NVC, see http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

The good news - is that if it's more than 2 years from marriage date to interview date, then she will receive an IR-1 visa, the child receiving an IR-2 visa - no mucking about with any 'removal of conditions case' once she's in the USA - both will be issued 10 year green cards.

In closing, please take the time to read the links I've supplied, and study the guides here at VJ. Many times it helps to have actual printouts of 'whats on yer screen' for instructions, can study in a quieter setting. Make copious notes. Practice filling out the forms, many times. When you get stuck, hey ! Come back and ask questions !

Good Luck !!

Ok, settling in to not having heather around me and feeling more determination than ever to get this process started and get it done. I have a question!!!!!!!!

I'm filing I-130's for both Heather and her son, and I was wondering if I have to send these in separate envelopes or if I should put both packages in the same envelope to send to the lockbox. Any help is greatly appreciated. Thanks!

Josh & Heather

[Darnell 8,478]

i suggest you send off in same envelope, this way the casefiles will always be 'joined'.

and include TWO G-1145 forms, one on each petition.

Good Luck!

Edited August 31, 2010 by Darnell

[canadian_wife 1,822]

Make sure they are separate packets but you can mail them together with separate filing fees

Good luck

PS - remember, she needs to have her original signature on the G-325A before you can send it off

[meridianpac 0]

Make sure they are separate packets but you can mail them together with separate filing fees

Good luck

PS - remember, she needs to have her original signature on the G-325A before you can send it off

Wow, you guys have been really great. Thanks again for all your help. I've been reading like a crazy person and have a couple more

Questions if you guys have time. Is there any Canadian or USC on this site who has chronicled their experience with detailed descriptions

Of every step of the process including all fees paid? Am I just blind? I'm reading more about fees once my case has reached the NVC,

but I don't see how much the fees will be for the IV bill once it arrives. Is love to look at a blog with technical information about the process

So i can get a better idea of costs and what I need to be prepared for and when. I also would like it in general especially from a Canadian who emigrated just to pick their brain about the process. Thanks again. I think I would be in trouble without Vj. You people are great!

Josh & heather

[Darnell 8,478]

well, not so sure for 'all of that' but

for Montreal-bound spousal visas, hey ! you qualify to handle NVC processing via their 'electronic' method o email.

Have a look ?

NVC EP - http://www.visajourney.com/wiki/index.php/NVC_Electronic_Processing

Canada NVC EP - http://www.visajourney.com/forums/topic/224010-electronic-processing/

Currently, fees are

I-130 - 355 each

NVC/I-864 - 88 (2nd casefile waived, when travel together)

NVC/DS-230 - 404 each

Then there's some medical exam fee for Canada - no clue there, but hey !

Good Luck !

[canadian_wife 1,822]

Medical will be about $300 each

Good luck

[marriedtomrg 141]

About her son, there should be no problem bringing him over. She can confirm with the Department of Social Welfare and Devleopment (DSWD) what the regulations are for bringing illegitimate children overseas without travel clearance (since she and the boy's father were never married).

Subsequently, at the airport (presuming the visa application went without a hitch, and they are ready to exit the Philippines), she just has to show proof of her relationship to her son (and that means a birth certificate printed on National Statistics Office - NSO - paper), which she can secure anytime through eCensus or through TeleServ Philippines)

Hope this helps.

Kaye and Rick

[Darnell 8,478]

Kaye and Rick - I think it's a bit different for them, as the child holds a Canadien Passport.