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Copies for I-129 Petition AND Income Taxes

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Hello everyone,

I have two questions I'm hoping someone can answer for me:

First, what should be copied in this package and what should be original. The items I'm not sure about are:

  • Letters of intent
  • G-325A
  • Birth Certificate

Some of the stuff I've read about this says to send copies. But I'm not sure if that applies to everything in the package.

Second; I have not filed my income taxes for 2004 and 2005 yet. I plan on getting that done in the next week or so, but I'm wondering if the timing of this is significant. Do I need to have the taxes done FIRST and then file the petition? I read something somewhere about needing an explination if the taxes are filed late. I'm not sure what "late" means in this context. Does it mean after the petition is filed or just late in general?

Thank you in advance for you answers,

ERL

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Hello everyone,

I have two questions I'm hoping someone can answer for me:

First, what should be copied in this package and what should be original. The items I'm not sure about are:

  • Letters of intent
  • G-325A
  • Birth Certificate

Some of the stuff I've read about this says to send copies. But I'm not sure if that applies to everything in the package.

Second; I have not filed my income taxes for 2004 and 2005 yet. I plan on getting that done in the next week or so, but I'm wondering if the timing of this is significant. Do I need to have the taxes done FIRST and then file the petition? I read something somewhere about needing an explination if the taxes are filed late. I'm not sure what "late" means in this context. Does it mean after the petition is filed or just late in general?

Thank you in advance for you answers,

ERL

My husband made the mistake of sending a *copy* of our G-325 and our application was sent back (costing a two month delay). The reason they stated was that the signatures can't be reproductions.

04-21-2006 | Marriage in Santa Ana, CA
I-130 Process
06-29-2006 | Mailed to CSC
08-23-2006 | Was told application was rejected & sent back
08-30-2006 | Recieved rejected package
09-01-2006 | Resubmitted I-130
09-08-2006 | NOA1 (now that's more like it)
09-13-2006 | Recieved NOA1 in the mail
12-19-2006 | Recieved email RFE
12-20-2006 | Recieved RFE in mail
12-22-2006 | Sent out RFE info
01-09-2007 | NOA2 Email received!
I-130 at NVC
01-24-2007 | Case Number Assigned
02-06-2007 | Emailed DS-3032 COA
02-09-2007 | NVC confirms COA in email
02-20-2007 | DS3032 & AOS Fee Bill Mailed
02-26-2007 | Received DS3032 and AOS Fee Bill
02-28-2007 | Mailed AOS Fee Bill and check
03-13-2007 | I-864 received
03-21-2007 | I-864 sent
05-16-2007 | IV Bill resent from NVC (never got the first)
06-02-2007 | IV Bill received
06-05-2007 | IV Bill payment sent
06-26-2007 | Received DS230
06-29-2007 | Mailed DS230 to NVC
08-15-2007 | NVC process complete but was sent back to US CIS (#@$%#$% this sucks)
11-08-2007 | I-130 returned to NVC
11-08-2007 | Requested expedited interview due to daughters illness
11-21-2007 | NVC approved expedited interview. Mailed to Montreal Embassy Nov 20th
12-11-2007 | Told by contact at US Consulate in Toronto that our interview date will be on Jan 4th.
01-04-2008 | Interview In Montreal. VISA GRANTED
01-11-2008 | Arrival in the US
11-09-2009 | Biometrics taken for 10 year green card
01-20-2010 | Approved- 10 GC ordered for production

06-22-2013 | N-400 package sent

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Thanks. That's the kind of info I'm looking for.

I have another question now that I'm thinking about it......

I'm going to be in her country for five weeks early next year. Is it possible for us to go to the embassy together and get a K-1 that way? When I first began thinking about this, it was because I was concerned about what would happen if I got a RFE while I was gone. I wouldn't be here to do anything about it. But then I began thinking about the possibility of us just going straight to the embassy while I'm there.

So I guess that's two questions........

What do I do if I get an RFE while I'm out of the country?

and

Is it possible and/or advisable to go to the embassy together to get the visa while I'm there?

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Filed: AOS (apr) Country: Philippines
Timeline
Thanks. That's the kind of info I'm looking for.

I have another question now that I'm thinking about it......

I'm going to be in her country for five weeks early next year. Is it possible for us to go to the embassy together and get a K-1 that way? When I first began thinking about this, it was because I was concerned about what would happen if I got a RFE while I was gone. I wouldn't be here to do anything about it. But then I began thinking about the possibility of us just going straight to the embassy while I'm there.

So I guess that's two questions........

What do I do if I get an RFE while I'm out of the country?

and

Is it possible and/or advisable to go to the embassy together to get the visa while I'm there?

A k-1 can only be applied for via the USCIS and cannot be acquired abroad.

The only documents in the petition that have to be originals is the I-129F petition, g-325a's from both the petitioner and the beneficiary (4 part form all parts signed), and the statement of intent. The reason I presume for the need for originals is due to the signature.

You do not need any financial information at this stage that comes later at the consulate.

If you get an RFE while you are gone it will still be there when you come home. I think the time requirement for a response is like 4 mos.

There are options to file for a visa abroad but only if you are married it is called DCF.

YMMV

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Filed: Other Timeline
There are options to file for a visa abroad but only if you are married it is called DCF.

And this option is practically viable in but a handful of countries.

And since the OP hasn't listed his SO's home country, we can't tell if this form of filing might be an option for him.

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The only clarification is that you have 3 months to respond to an RFE, at least this is the amount of time I was given to respond. So, if you do leave the US and you get an RFE during that time period, you will have 3 months to respond. I was actually worried about this happening while I went down to Mexico to visit my fiance right after I filed. But nothing ever happened while I was gone, not even a single touch on my case.

* * * * * * * * * K-1 VISA * * * * * * * * * * * *

06/21/06: Submitted I-129F to the CSC

10/18/06: NOA2 DATE

01/29/07: MEDICAL IN CDJ

01/30/07: INTERVIEW in CDJ **My fiance receives his visa**

03/31/07-04/08/07: I leave to Mexico and bring back my fiance

04/08/07: U.S. ENTRY at LAX

04/23/07: Married in Vegas

* * * * * * * *AOS, AP, & EAD * * * * * * * * * *

05/24/07: Submitted AOS, AP, EAD

06/01/07: NOA1 for AOS & EAD, NOA1 for AP missing, but they received forms

06/06/07: TOUCHED (AOS, AP, EAD)

06/23/07: RFE for I-864 paperwork

07/03/07: Biometrics for AOS & EAD

07/03/07: TOUCHED (EAD)

07/07/07: Submitted response to RFE

07/18/07: TOUCHED (AOS) They received RFE response

08/08/07: AP APPROVED

08/10/07: EAD APPROVED

10/17/07: AOS interview in Los Angeles -- APPROVED, pending name check :(

02/08/08: Name check has cleared, Notice welcoming new resident is mailed out

02/12/08: Card Production ordered, woohoo

02/15/08: Notice welcoming new resident is received

02/21/08: GREEN CARD IN HAND

08/23/08: After 7 years together . . . Religious wedding ceremony and HUGE PARTY in Jalisco, Mexico (we deserve it)

08/24-08/30: Spend our honeymoon in Acapulco, Mexico

Link to video clip of our wedding: http://www.youtube.com/user/dstradaproducc...f/1/wHiId9HZVRc

Nov. 2009: File to Remove Conditions

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