Jump to content
AnnaF

K3 Visa - Place of marriage different from Beneficiary's country

 Share

6 posts in this topic

Recommended Posts

Filed: K-3 Visa Country: Poland
Timeline

My husband is from Poland, but we married in Rome, Italy. How will that affect our K3 process?

2-7-07 - Married in Rome

I-129F/K3 Timeline

3-22-07 - Mailed to Chicago

3-30-07 - NOA1

6-08-07 - NOA2

6-14-07 - NOA2 Received in the mail

6-27-07 - NVC received our case

6-29-07 - Case forwarded to Naples, Italy

7-02-07 - Naples received our case

9-11-07 - Interview in Naples

9-13-07 - Arrived in the USA TOGETHER!!

AOS Timeline

9-15-07 - Mailed AOS to Chicago Lockbox

9-24-07 - NOAs generated

9-26-07 - NOAs received

10-01-07 - Biometrics appointment notice received

10-25-07 - Biometrics Appointment

Link to comment
Share on other sites

Filed: AOS (apr) Country: Syria
Timeline

he will have to go back to italy for his interview thats all.

my husband was living in saudi arabia and we married in syria. he had to go back to syria for his interview. u just interview in the country u r married in thats all.

Link to comment
Share on other sites

Filed: K-3 Visa Country: Poland
Timeline
he will have to go back to italy for his interview thats all.

my husband was living in saudi arabia and we married in syria. he had to go back to syria for his interview. u just interview in the country u r married in thats all.

Thank you for your reply. What I don't understand is, will he interview in Polish in Italy then? Or will he have to interview in English? What about the medical exams and the packet? Will he receive them in Poland with the summons to appear at the interview in Rome?

2-7-07 - Married in Rome

I-129F/K3 Timeline

3-22-07 - Mailed to Chicago

3-30-07 - NOA1

6-08-07 - NOA2

6-14-07 - NOA2 Received in the mail

6-27-07 - NVC received our case

6-29-07 - Case forwarded to Naples, Italy

7-02-07 - Naples received our case

9-11-07 - Interview in Naples

9-13-07 - Arrived in the USA TOGETHER!!

AOS Timeline

9-15-07 - Mailed AOS to Chicago Lockbox

9-24-07 - NOAs generated

9-26-07 - NOAs received

10-01-07 - Biometrics appointment notice received

10-25-07 - Biometrics Appointment

Link to comment
Share on other sites

Filed: AOS (apr) Country: Syria
Timeline

to tell u the truth it has been along time so i cant remember where he had his medicals done and his interview was in english.

he never recieved a packet but they said they sent it to his saudi arabia address. where ever u put on the papers he lives is where they will send it. also he emailed them trying to find out where his packet was and they told him his family could go pick it up at the embassy. i believe the packet did finally show up in saudi arabia but it was late.

of course syria nothing is organized. that could be different from european countries.

Link to comment
Share on other sites

he will have to go back to italy for his interview thats all.

my husband was living in saudi arabia and we married in syria. he had to go back to syria for his interview. u just interview in the country u r married in thats all.

Thank you for your reply. What I don't understand is, will he interview in Polish in Italy then? Or will he have to interview in English? What about the medical exams and the packet? Will he receive them in Poland with the summons to appear at the interview in Rome?

Chances are that the consulate in Italy doesn't have Polish speakers on their staff, though the only way to find out is to ask them. They should have staff that speak both English and Italian, so he can probably have the interview in either of those languages. If he doesn't have enough fluency in either of those languages, you'll have to contact the consulate to find out what opportunity there is for bringing an interpreter. As for the medical exam, I haven't got a clue, but again, the consulate may be able to answer your question.

Something to consider: For some reason, congress wrote a section of the law that clearly mandates that a K-3 visa can only be issued in the consulate serving the country where the marriage took place. The USCIS and Department of State don't have any flexibility on this issue. But there is no such stipulation about a CR-1 (or IR-1) visa. So if the issues of language, travel, and such seem to be too complicated, you could always skip the K-3 and just fill out an I-130 petition directly for the CR-1, requesting on the I-130 that the visa interview happen in Poland. The timeline difference may be small, and the CR-1 visa gives immediate Green Card status on the day of entry into the US, with no further adjustment of status. It may be a simpler route overall for you.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

Link to comment
Share on other sites

Filed: K-3 Visa Country: Poland
Timeline
he will have to go back to italy for his interview thats all.

my husband was living in saudi arabia and we married in syria. he had to go back to syria for his interview. u just interview in the country u r married in thats all.

Thank you for your reply. What I don't understand is, will he interview in Polish in Italy then? Or will he have to interview in English? What about the medical exams and the packet? Will he receive them in Poland with the summons to appear at the interview in Rome?

Chances are that the consulate in Italy doesn't have Polish speakers on their staff, though the only way to find out is to ask them. They should have staff that speak both English and Italian, so he can probably have the interview in either of those languages. If he doesn't have enough fluency in either of those languages, you'll have to contact the consulate to find out what opportunity there is for bringing an interpreter. As for the medical exam, I haven't got a clue, but again, the consulate may be able to answer your question.

Something to consider: For some reason, congress wrote a section of the law that clearly mandates that a K-3 visa can only be issued in the consulate serving the country where the marriage took place. The USCIS and Department of State don't have any flexibility on this issue. But there is no such stipulation about a CR-1 (or IR-1) visa. So if the issues of language, travel, and such seem to be too complicated, you could always skip the K-3 and just fill out an I-130 petition directly for the CR-1, requesting on the I-130 that the visa interview happen in Poland. The timeline difference may be small, and the CR-1 visa gives immediate Green Card status on the day of entry into the US, with no further adjustment of status. It may be a simpler route overall for you.

Thank you for your response. You're absolutely right, - the most reasonable thing to do in our case would be simply to wait for the I-130 to be approved, and to have him come to the US on a CR-1 visa. However, the problem is that we've been apart for SOOOOOOOOOOOOOOO LONG...it becomes unbearable with every passing day. So given these circumstances, we'll take whatever's fastest, even if more painful in the long run!!

2-7-07 - Married in Rome

I-129F/K3 Timeline

3-22-07 - Mailed to Chicago

3-30-07 - NOA1

6-08-07 - NOA2

6-14-07 - NOA2 Received in the mail

6-27-07 - NVC received our case

6-29-07 - Case forwarded to Naples, Italy

7-02-07 - Naples received our case

9-11-07 - Interview in Naples

9-13-07 - Arrived in the USA TOGETHER!!

AOS Timeline

9-15-07 - Mailed AOS to Chicago Lockbox

9-24-07 - NOAs generated

9-26-07 - NOAs received

10-01-07 - Biometrics appointment notice received

10-25-07 - Biometrics Appointment

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...