A few Questions

[Ruticus14d 0]

First of all... Hello. I am new to this site and must say that I am somewhat comforted by the existance of a community such as this. So here are the questions.... please forgive me if I am covering old ground here.

First off... my wife and I filed our I-129f and got word that it was transferred to the VSC on the 6 of this month. I have heard different things regarding wait times in general but are anyone out there with a solid answer about times at the VSC? Anyone else here who's had forms go through the VSC?

Second... my wife was here in the States when we were married but then left the country to attend her sisters wedding. See my profile for the full story. My question is this... we have been told that once she is in the country we can file for adjustment of status but the problem is just getting her into the country... would it be possible for her to get a travel visa to come here and circumvent the K-3 waiting game?

Thats about it for now... thanks in advance for any information.

[YuAndDan 153]

Once she left the country that option closed, they wont allow her back in to the country other than to visit and strong ties back home has to be shown or will get bared entry at the POE. If you attempt to visit and adjust now visa fraud will be called into question.

Once a visa path has been started then you stick to it.

Again if the option that you proposed were available I would think every one doing K-3 visa would take it and then what would the the point of having the K-3 visa. There is the right way and the wrong way to immigrate to this country. Do it right and every one is happy, do it wrong and get caught, and suffer the penalties.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[Reba 2]

Unfortunately, YuAndDan is correct. There is no way to circumvent the K3 if you're already married and she has left the country. Had she stayed, it may have been possible. Now you'll just have to wait on the K3 or the CR1. Even a tourist visa may not be possible. You may have to go there if you want a visit with your wife.

[YuAndDan 153]

I just wanted to point out every time a person enters the country their passport data gets entered into the system.

If you try reentering and then AOS, they will see the pending K-3, CR-1, and see the big picture and start deportation proceedings due to visa fraud, and reject the AOS application.

Edited November 11, 2006 by YuAndDan

[Ruticus14d 0]

I just wanted to point out every time a person enters the country their passport data gets entered into the system.

If you try reentering and then AOS, they will see the pending K-3, CR-1, and see the big picture and start deportation proceedings due to visa fraud, and reject the AOS application.

Great information guys... thanks a lot. That pretty much just confirms what I was fairly sure of before. None of this would have even happened if we didnt get mixed up by USCIS. They told us on many occassions that her H2B visa which is still valid even now would allow her to leave and re-enter the U.S. She wouldnt have even left if we knew she would get pulled off the plane from a connecting flight in Dubai. Talk about an emotional rollercoaster... you think your wife is finally coming home and then boom... security in Dubai give her one of these... She was stuck there for two days... when I called USCIS they couldnt give me a reason why it happened. They maintain that she should be able to re-enter the U.S. on her valid H2B. What do you guys think?

[CutienPurg 0]

What we think is that the USCIS often gives inaccurate information, for whatever reason......get used to it. It sucks and its ####### but there's not anything we can do about it. Now you're left with making the adjustments, dealing with the wait , the red tape, and the headaches.

You made no mention of an I-130 petition, yet mention you're married.

Oh yeah fill in your timeline as you will catch a certain amount of grief for not having one when asking for help in the future. It just gives people who really have the knowledge and desire to help an easier time in providing you with the accurate information for your situation.

Best of Luck to you and welcome to the journey..........

[Ruticus14d 0]

What we think is that the USCIS often gives inaccurate information, for whatever reason......get used to it. It sucks and its ####### but there's not anything we can do about it. Now you're left with making the adjustments, dealing with the wait , the red tape, and the headaches.

You made no mention of an I-130 petition, yet mention you're married.

Oh yeah fill in your timeline as you will catch a certain amount of grief for not having one when asking for help in the future. It just gives people who really have the knowledge and desire to help an easier time in providing you with the accurate information for your situation.

Best of Luck to you and welcome to the journey..........

Our I-130 is in process as well. We couldnt have submitted the I-129F without proof of a pending I-130. Right now we are just focused on getting her K-3 so she can get back to the States. We really don't give a damn how long it takes to adjust her status as long as we are here together. She wasnt really even too excited about being an American citizen as she is quite happy in South Africa. As a matter of fact, as soon as my time in the Army is up theres a good chance we'll live there.

[aussiewench 9]

I just wanted to point out every time a person enters the country their passport data gets entered into the system.

If you try reentering and then AOS, they will see the pending K-3, CR-1, and see the big picture and start deportation proceedings due to visa fraud, and reject the AOS application.

Whilst I agree on the issue of when there is intent to immigrate on entry to the US, I do strongly disagree with the above in regards to what will definately happen if one enters the US with a pending application in process. It is a blanket statement that is incorrect. Many have changed their mind or circumstances change after entry whereby a successful AOS is made. An adjustment of status after entry on another visa with a petition in process, is not reason in itself for deportation proceedings to be started, nor for a rejection of the AOS application. It is dependent on circumstances of the applicant and any ineligibilities. A petition in process is not an ineligibility in itself.

Edited November 12, 2006 by aussiewench

[Ruticus14d 0]

I just wanted to point out every time a person enters the country their passport data gets entered into the system.

If you try reentering and then AOS, they will see the pending K-3, CR-1, and see the big picture and start deportation proceedings due to visa fraud, and reject the AOS application.

Whilst I agree on the issue of when there is intent to immigrate on entry to the US, I do strongly disagree with the above in regards to what will definately happen if one enters the US with a pending application in process. It is a blanket statement that is incorrect. Many have changed their mind or circumstances change after entry whereby a successful AOS is made. An adjustment of status after entry on another visa with a petition in process, is not reason in itself for deportation proceedings to be started, nor for a rejection of the AOS application. It is dependent on circumstances of the applicant and any ineligibilities. A petition in process is not an ineligibility in itself.

Are there any people out there that have had a I-129F go through the VSC and how long did your packet take? I have heard about a million and one differnt things. I realize that there is no solid answer that can be lived by but any sort of input would be very helpful. I have seen a bunch of timelines and and averages but does anyone have an actual case so I can see for myself? Thanks.

[aussiewench 9]

Are there any people out there that have had a I-129F go through the VSC and how long did your packet take? I have heard about a million and one differnt things. I realize that there is no solid answer that can be lived by but any sort of input would be very helpful. I have seen a bunch of timelines and and averages but does anyone have an actual case so I can see for myself? Thanks.

Ruticus14d

VSC is historically faster at processing petitions than other centers. However it is impossible to guage how long your petition will take to be approved based on anothers timeline. There are variables e.g. background/security checks and RFE's. It is impossible to even guage an average when transfers are involved as is happening with I-129F spousal petitions. The vast majority of these petitions draw an average from petitions filed and processed at NBC. Processing of these petitions has also slowed down at the NBC for the better part of this year due to the implementation of IMBRA. Hence why they started transferring petitions.

I wish you all the best on your journey.

Lorelle

[Jersey Girl 2]

Ruticus, check the immigration timelines above for others coming through South Africa. A lot depends on the wait times for your Embassy. For people coming though Montreal, Canada, for instance, the wait time from NVC to interview could be the longest stretch of any phase of the journey! Get the facts.

If you started K-3 and she left the U.S., the safest idea, I believe, is to stick to this plan, even if you'll be apart for months. Trying to get her back in on an older visa so you can adjust status sounds dicey. I wouldn't want her slapped with a long ban on entry because they smelled fraud.

By the way, we started in Vermont and were transferred to California. But it's the wait time for an interview that's giving us long beards and grey hairs.