IR-1 and K-3 from London but complicated case

[wildhaze 0]

Hello everyone,

I am a newbie here but have been researching through this wonderful forum. However I am still not clear about some questions specific to our case. Basically, my wife is a British Citizen and I am a USC and we've been married close to 5 years (in NYC). We have a child and he is already a USC.

I am filing the I 131 from London however I don't qualify for the DCF because we had been living in the Caribbean for the last 3 years. My questions are a follows

1) if it's not DCF how much time should I expect for the IR-1 from the time I receive NOA 1 to the Green Card

2) my wifes parents live overseas and while I will be reestablishing myself in the US she will spend most of her time with them. So how many times will she physically need to return to the UK during the process? I estimated twice: once for her biometric application and second for her interview.

3) does it make sense to file the K-3? I notice many people have stated its not worth it, but I guess a lot of people are getting quick turnarounds due to DCF

4) can she visit the US during this process under the visa waiver?

Thank you everyone for any help or input.

[lost_at_sea 995]

1. I-130 (not I-131) for IR-1 not through DCF takes anywhere from 6 - 12 months (some unfortunately are longer, but check for your country specifically to get a feel). Check the timelines out: http://www.visajourney.com/timeline/k1list.php?cfl=&op3=5&op5=&op6=All Some folks with recent experience will no doubt tell you how fast theirs went.

2. I don't really understand what you're saying here. Do you mean your British wife will be living in the US while this is going on, or she will be in Caribbean? Or the UK?

Biometrics are done at the interview. She will need to be in London at least twice - once for her medical and once for her interview. These are usually held a few weeks apart. She can book her medical once the I-130 has been approved and she has received her LND number from the embassy, but she will not be able to schedule her own interview (that's done via the NVC).

3. No. Most don't bother with the K3 any more because it takes just as long to approve as the regular visa.

4. Yep. She can visit under the usual terms of VWP, as can you.

[Nich-Nick 3,354]

Hello everyone,

I am a newbie here but have been researching through this wonderful forum. However I am still not clear about some questions specific to our case. Basically, my wife is a British Citizen and I am a USC and we've been married close to 5 years (in NYC). We have a child and he is already a USC.

I am filing the I 131 from London however I don't qualify for the DCF because we had been living in the Caribbean for the last 3 years. My questions are a follows

1) if it's not DCF how much time should I expect for the IR-1 from the time I receive NOA 1 to the Green Card

2) my wifes parents live overseas and while I will be reestablishing myself in the US she will spend most of her time with them. So how many times will she physically need to return to the UK during the process? I estimated twice: once for her biometric application and second for her interview.

3) does it make sense to file the K-3? I notice many people have stated its not worth it, but I guess a lot of people are getting quick turnarounds due to DCF

4) can she visit the US during this process under the visa waiver?

Thank you everyone for any help or input.

1) The last time I was looking at people filing the I-130 at the Chicago lockbox that did not live in the US, ie the US petitioner had a foreign address, the I-130s were being automatically expedited. I think it was 10-30 days for approval. I don't know if that is still true. Looking at all spouse timelines wouldnt help you with finding those where both lived in a foreign country. You would still have several months for NVC paperwork where your visa application (DS-230), affidavit of support, personal documents are mailed and processed. A police report from the UK and where you have recently lived would be required for the NVC stage so look into ordering those.

2) Once the processing at NVC is complete, the NVC assigns the interview date. Once you know that date, go to the UK one time. Have the medical exam in London at least a week before the interview date. That allows time for the results to be received at the embassy 3-4 days after the interview. If they didn't arrive, the embassy would hold her passport and tell her a decision can not be made until they receive the medical. Once received, they will issue the visa and courier it to any address she gives the courier. If you do this, she should get up to date on immunizations needed and documentation of her precious shots from her GP beforehand so she doesn't have to squeeze that in on her tip back to the UK. many GPs will do them free. She takes that to the embassy.

3) The reason few get a K3 anymore--

You file I-130 petition

Upon getting that receipt you file I-129F petition

Then it is a race to see if I130 or I-129F gets approved first.

I-129F used to always win so it went to London as a K3. I-130s were very, very slow.

Now the I-130 usually wins or ties. When that happens, USCIS closes the I129F and you get no choice but the IR1. The I-129F and K3 become dead in the water and only the I-130 makes it to London.

A note: the term biometric appointment usually is talking about going to a USCIS run facility in the US as part of the adjustment of status process to have electronic fingerprints and photo captured. With a IR1, you won't do adjustment of status, so no biometric appointment in the way it is most often discussed on VJ. Her fingerprints will be captured twice at her interview and she will submit two passport style photos.

Edited July 8, 2013 by Nich-Nick

[wildhaze 0]

1. I-130 (not I-131) for IR-1 not through DCF takes anywhere from 6 - 12 months (some unfortunately are longer, but check for your country specifically to get a feel). Check the timelines out: http://www.visajourney.com/timeline/k1list.php?cfl=&op3=5&op5=&op6=All Some folks with recent experience will no doubt tell you how fast theirs went.

Sorry I meant I 130

2. I don't really understand what you're saying here. Do you mean your British wife will be living in the US while this is going on, or she will be in Caribbean? Or the UK?

Biometrics are done at the interview. She will need to be in London at least twice - once for her medical and once for her interview. These are usually held a few weeks apart. She can book her medical once the I-130 has been approved and she has received her LND number from the embassy, but she will not be able to schedule her own interview (that's done via the NVC).

Ok noted

3. No. Most don't bother with the K3 any more because it takes just as long to approve as the regular visa.

Noted

4. Yep. She can visit under the usual terms of VWP, as can you.

Wow. That truly sounds fantastic as I was under the impression she will not be able to visit the US.

Thanks for your feedback!

[wildhaze 0]

1) The last time I was looking at people filing the I-130 at the Chicago lockbox that did not live in the US, ie the US petitioner had a foreign address, the I-130s were being automatically expedited. I think it was 10-30 days for approval. I don't know if that is still true. Looking at all spouse timelines wouldnt help you with finding those where both lived in a foreign country. You would still have several months for NVC paperwork where your visa application (DS-230), affidavit of support, personal documents are mailed and processed. A police report from the UK and where you have recently lived would be required for the NVC stage so look into ordering those.

I (the USC petitioner) do not reside in the UK but reside in the US so in my case I believe it will not be expedited as I will not qualify for DCF. What are the requirements for the police report as we will need to request that from the Caribbean and I am sure it will be a hassle

2) Once the processing at NVC is complete, the NVC assigns the interview date. Once you know that date, go to the UK one time. Have the medical exam in London at least a week before the interview date. That allows time for the results to be received at the embassy 3-4 days after the interview. If they didn't arrive, the embassy would hold her passport and tell her a decision can not be made until they receive the medical. Once received, they will issue the visa and courier it to any address she gives the courier. If you do this, she should get up to date on immunizations needed and documentation of her precious shots from her GP beforehand so she doesn't have to squeeze that in on her tip back to the UK. many GPs will do them free. She takes that to the embassy.

Thank you for the tips

3) The reason few get a K3 anymore--

You file I-130 petition

Upon getting that receipt you file I-129F petition

Then it is a race to see if I130 or I-129F gets approved first.

I-129F used to always win so it went to London as a K3. I-130s were very, very slow.

Now the I-130 usually wins or ties. When that happens, USCIS closes the I129F and you get no choice but the IR1. The I-129F and K3 become dead in the water and only the I-130 makes it to London.

I know that DCF cases are being processed very quickly however I was wondering in our case a K3 could actually arrive earlier

A note: the term biometric appointment usually is talking about going to a USCIS run facility in the US as part of the adjustment of status process to have electronic fingerprints and photo captured. With a IR1, you won't do adjustment of status, so no biometric appointment in the way it is most often discussed on VJ. Her fingerprints will be captured twice at her interview and she will submit two passport style photos.

Thank you for clarifying this point.

Thanks for your help overall