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Emerald

Where do i send the I-130

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Filed: Country: Australia
Timeline

After all this DCF hassle, we now have to go the K-3 route, however i have no idea where we send anything? He is living here in AUstralia, and has done for the past 6yrs. He is from New Mexico in the USA, and we will be moving there.

Do i send it to the Texas Service center?

What is the best way to get it there? Ie- registered, couriered, normal?

Thanks

Emerald

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Filed: K-3 Visa Country: Vietnam
Timeline

i have no real knowledge of your situation but i found this, it may be of help or i may be totally lost.

OK, Ready To File

Here is how the procedure typically goes:

1- There is an initial “interview” where the USC and the foreign spouse appear to submit the I-130 and its attachments. Some Consulates accept these materials by mail, courier or in person with an appointment or only on specific days. Check the website of your Consulate for tips OR contact them directly to inquire. For a list of members' cover letters for I-130 and visa applications, please read this thread (and contribute your finished product!)

2- The I-130 is adjudicated. Once the petition is approved, the foreign spouse may apply for an Immigrant Visa.

3- The foreign spouse’s visa application will include The Packet Formerly Known As “3”. This will include DS-230 Part 1 (the visa application) and a checklist of required documents. It may include information about the medical procedure for your area and certainly instruction for the Affidavit of Support I-864.

If you have all of the documents for the petition + visa application ready at your first visit to the Consulate (to file the I-130) you may persuade the Immigrant Visa workers to accept the visa application early and start a provisional file for you.

Submit photocopies of all supporting documents unless otherwise directed by the Consular staff! Bring originals to the interview(s). Remember that all FORMS submitted must be originals.

4- The foreign spouse has the final interview. The US citizen spouse does NOT have to be present at the final interview. When all name checks are cleared, the Machine Readable Immigrant Visa (MRIV) is glued into the immigrant’s passport. Expect delays of one to ‘some’ days for visa issuance after a successful interview. Immigrant Visas are (with a few exceptions) valid for six months; the first entry to the US must be made before expiry. If you are unable to enter the US within 6 months, contact your Consulate. It is permissible to enter the US with the Immigrant Visa and leave again to complete your business outside the US. If you will be out of the US for more than 6 months, please do more research on maintaining your Permanent Resident status.

5- The foreign spouse enters the US, and at the port of entry will have their MRIV endorsed with a stamp. That is now proof of the immigrant’s new status: Permanent Resident. It is adequate evidence for most purposes and is equal to the I-551card that will be mailed to them, also known as the Green Card.

The foreign spouse receives immediate work and travel authorization from the “green card stamp”, and will only need their social security card before starting to work. You may have already applied for this on the visa application DS-230 II. If you have applied for the Social Security number via the visa application, your SS Card s mailed to you separately within a month. Your Green Card will be mailed to you in the same time frame.If you haven’t received anything within a month, it’s time for follow up.

Note: If you have been married for less than 2 years when you enter the US, your Permanent Resident status has “conditions”. A CR-1 PR is no less a PR than anyone else, but they do have an additional step to take 2 years after they enter the US. Please see the Guides for Removal of Conditions (form I-751).

The visa resulting from a DCF case is the same Immigrant Visa that one would get by filing I-130 in the US: CR-1 or IR-1.

I recommend the following reads to anyone who is becoming a Permanent Resident, so you can better understand your rights and responsibilities

Jim and Nhi

10-2-2008 Interview in Vietnam

9-1-2008 abandoned K3

7-11-08 Home from Vietnam

7-04-2008 Cleared NVC

6-26-08 NOA2 for I-129F and I-130

6-25-08 Congressional Expediting Approved

6-23-08 Return to Vietnam for visit

4-30-08 NOA1 I-130

4-17-08 NOA1 I-129F

4-10-08 I-129F mailed

3-26-08 Married in Vietnam

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Were in the same boat now, Emerald.

Our case was being 'pre-processed' in Auckland, but my husband is not a resident of New Zealand.

New Zealand previously waived that restriction, but can no longer accept petitions from USC still resident in the U.S.

So...were stuck with K3.

Were also trying to decide if its a good idea for me to visit my husband for a couple of months while we wait this out, as we had planned to be together at this point and the law came into effect for us a week before our interview.

Were a little upset to say the least and spending some time together would be helpful at the moment.

In the last email I received from the consulate here, they said that petitions would not be accepted from USC, but in a matter of time they'd be accepted once again from USC resident in foreign countries.

You may still be in luck, but I know....the waiting to know is just difficult.

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Filed: Country: Australia
Timeline

Oh it's so hard, i am lucky that my hubby is here with me and has been for 5yrs. What those that are going through without their loved ones, i couldn't imagine.

I wish they would hurry up and say yes or no, I have kids to think of and wanted to get our eldest to the US to start her first year in school there. But now with this change, we don't know when that'll be.

SO frustrating....i just want to get the visa application started...........so frustrating.

Were in the same boat now, Emerald.

Our case was being 'pre-processed' in Auckland, but my husband is not a resident of New Zealand.

New Zealand previously waived that restriction, but can no longer accept petitions from USC still resident in the U.S.

So...were stuck with K3.

Were also trying to decide if its a good idea for me to visit my husband for a couple of months while we wait this out, as we had planned to be together at this point and the law came into effect for us a week before our interview.

Were a little upset to say the least and spending some time together would be helpful at the moment.

In the last email I received from the consulate here, they said that petitions would not be accepted from USC, but in a matter of time they'd be accepted once again from USC resident in foreign countries.

You may still be in luck, but I know....the waiting to know is just difficult.

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