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coolguyjoe

Absolutely lost on what to do...

By coolguyjoe in IR-1 / CR-1 Spouse Visa Process & Procedures

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coolguyjoe Newbie

coolguyjoe   0

Posted
Filed: F-1 Visa Country: France
 Timeline
Posted (edited)

Hey everyone,

I've been lurking on this forum for a long time, and I'm really sorry that my first post will be one asking a question. Thanks for the AMAZING content! I hope to be a lasting member helping others as I learn more about the immigration process. :)

So - I have a problem. My mother just had a stroke back in Paris... and I really, REALLY have to go back next week (25th of Dec or so).

The thing is, I got married to my spouse coming from an F-1 status on the 17th of November, 2015, and we have not filed i-130 or i-485 yet. We were waiting for Jan 15, when my spouse receives her tax return from her employer, so we could get the i-864 straight and file i-130 and i-485 concurrently.

This completely messed everything up, and it isn't a question for me to go back or not. I absolutely have to go back - but we have a life here together that we've been building. (we just had our 1st month anniversary!)

Obviously I don't work in the US, but I have income through an online business based in France, if anyone's curious about my work situation.

On to the main question...

Would it work if we filed i-130 today, I left the country on Dec 27, my spouse receives the i-130 transfer notice and files a i-129f, and I get a K-3 visa in Paris, and hopefully come back to the U.S.?

This is what USCIS recommended I do on their toll-free line - but I've seen across recent threads that "K-3 is virtually extinct", so I don't know if this is the way to go. I also don't know how long the K-1 would take - if it's 3-4 months, I'd rather go with consular processing for the green card...

My problem is that I want to come back to the U.S as soon as possible. I don't care if it takes more time to get my green card here - I love my wife and want to be with her - I don't want to stay away from her for another 4-6 months!

Thank you SO MUCH in advance, and I hope you have a wonderful day!

Edited by coolguyjoe
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belinda63 Experienced

belinda63   3,020

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Your only choice is a spousal visa since you are married. You are correct that the K-3 is virtually extinct and even if you did somehow manage to get it there would still be months of waiting. Best to file the I-130 now, as in today, and get the ball rolling.

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nomadnoor Explorer

nomadnoor   29

Posted
Filed: IR-1/CR-1 Visa Country: Morocco
 Timeline
Posted

Hi CoolGuyJoe,

Yes K-3 visa no longer are issued. So you have only the option of doing a spousal visa in terms of the visa pathway open to you now.

It takes about 2-3 weeks to get the reciept for the i130 but I am not sure about the approval time for those located in the US doing the spousal visa process. It would be best to check igors list to answer that question.

I also recommend at least asking an immigration lawyer if there is a loop hole that would allow you to travel out of the US due to special circumstances ie your mother's stroke.

Sorry to hear about your mother's health. Lay Shafa (May God restore her) Ameen

Ally & Omar

Timeline to Immigrate to the United States of America -

Travel back to our Moroccan Home from Casa: 10/17/2014

Husband submits for vacation from Protection Civile: 10/28/2015

Husband submits for demission from Protection Civile :11/10/2014

I travel personally to the Main Office of the Protection Civile in Rabat and submit a Dolence: 12/09/2014

I travel back to the USA in preparation of the birth of our baby - 12/18/2014

Husband travels back to Rabat to the main office of the Protection Civile and meets with "Head of Human resources" and told to resubmit his vacation request - told his request will be approved by 1/15/ 2015: 1/07/2015

Husband asks commander to call main office of Protection Civile to check the status of the new vacation request and is told no one but the general can approve his request and he is on vacation: 1/28/2015

Husband stops going to work for the Protection Civile in protest: 1/29/2015

We hire a lawyer in Casablanca to help my husbands case with regards to the Protection Civile : 02/2015

Lawyer sends letter to the Main office of the Protection Civile - 02/04/2015

Our daughter is born with my husband still stuck in Morocco - 2/09/2015

Direction (Main Office) of the Protection Civile Sends out Alert Letter to my husband and my husband picks it up on- 02/13/2015

Husband goes to US Consulate to request an extension of his visa - US Consulate says they won't extend his visa however they can issue him a new one at the cost of 3000DH/ $311 -/+ and to come back the last week of the month to get his second visa- 3/08/2015

Husband returns to the US Consulate and picks up *NEW VISA* with expiration date of 09/22/2015 on: 03/26/2015

Husband's first visa expires: 04/08/2015

Protection Civile continues to pay my husband - 04/2015

The lawyer sends letters to the Ministry of the Interior - 04//2015

My husband seeks help from the Prime Minister of Morocco's political party and called the lawyer to set an appointment to check on his case: 05/6/2015

My husband seeks help from a second lawyer when the first one proves unhelpful: 05/07/2015

My husband goes to Parliment to follow up with the Prime Minister's party - set a follow up appointment at a cafe the next day: 05/08/2015

I send a letter to the Moroccan Ambassador to the United States asking for help with my husband's case (registered mail): 05/26/2015

I go to Sen. Diane Feinstein's office seeking help with my husband's demission from the Protection Civile: 05/27/2015

I go to Sen. Barbara Boxer's office seeking help with my husband's demission from the Protection Civile: 05/28/2015

My husband returns to hometown in Morocco and returned his materials, the message awaiting him says "Demission Favorable.": 06/11/2015

Lots of running around to meetings and trying to get the authorization to leave Morocco by my husband: 07/2015

Husband goes to CMN airport trying to get paperwork authorizing him to leave Morocco and with the help of some powerful people GETS THE AUTHORIZATION: 07/23/2015 :dancing:

My husband leaves Morocco and arrives in the U.S.A. and meets his daughter for the first time at SFO airport: 07/27/2015

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TBoneTX Grand Master

TBoneTX   44,658

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

Correction of previous thread-move: Thread belongs in CR-1 Process forum -- OP is returning to home country and can't adjust status as things stand.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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