I am so confused! HELP PLEASE!!!

[MargotDarko 0]

Oh, forgot to say that yes you can enter the states on a visitor visa while waiting for your immigrant visa. Although, I thought Australia was part of the Visa Wavier Programme and that you wouldn't need a visitor visa. You should be able to enter on your passport without a visa for up to 90 days. Just bring proof that you would be leaving after your visit - return ticket, proof of accounts and other liabilities in your country of residence.

[simmybabez 0]

I think you might be better off not filing the I129F!

Here is why

If you do not file the I129F, then you are essentially going for a CR-1/IR-1. It seems like you are maybe half way thru this process and could get it done soon. The benefit here is that the beneficiary will get the Greencard right away.

If you choose to file a I129F, then you automatically put a hold on the I130 (untill you need it again in the US for adjustment of status). It will take you say 6 months to get a non-imigrant K3 visa for the benefficiary and then have to spend $1000+ to adjust status after moving to the US.

Since you never got I-130 notice of action (receipt), it does not mean that it was held up. It might have been processing and might be approved sooner that you think

my 2c

Well that would be wonderful!!

I will be googling the IR1 after tea.

My documents will be there on Monday (we have that interview) and hopefully I will get some answers.

Lol - the US immigration process is extremely confusing!

So if I just stick with the 130 (which after what you told me, I most likely will do) - can I still file the Visitor visa? So I can be with my hubby for 6 months?

I'm pretty desperate right now- hubby just got back from a 12 month deployment to Iraq in Nov 06' and now he's due for a 15 month one in January 08'........ I just wanna spend the next few months with him cos they will be the last I get until like 2009.

[Arla 0]

Reading this thread has been very informative (thanks!) but I have a question to add -

I was told that I could file the K3 after the I130 to enable me to move to the US and wait there whilst the immigration visa is processed. Is that not the case?

[simmybabez 0]

Oh ok thanks Margot.

So I was sposed to get my NOA-1 (but I didn't), and right now the 130 is getting processed....and it's on the right track if they are asking for evidence (good idea bout the military letter ta), so i submit my evidence asap and then if I apply for the visitor visa- after it's approved, I can just wait for my 130 (unless its over 6 months) whilst im in the states?

I just wanna stay longer then 3 months....that's why I think the visitor visa would be appropriate. I have entered on the Visa Waiver before.....and that was great and convenient but yeah.. only 90 days.......

[G&A 1]

regarding travel checkout http://www.visajourney.com/faq/k1k2visa-application.html#4.6

http://www.visajourney.com/forums/index.php?showtopic=67796

http://www.visajourney.com/forums/index.php?showtopic=64124

[MargotDarko 0]

Reading this thread has been very informative (thanks!) but I have a question to add -

I was told that I could file the K3 after the I130 to enable me to move to the US and wait there whilst the immigration visa is processed. Is that not the case?

This thread should probably be moved to the DCF forum as it's not actually relevant to K3 visa.

Arla - After receiving NOA1 for the I-130, you file for the K3 visa quickly. When you receive the K3 visa, you can move to the US. You can then either file for Adjustment of Status, or continue with the I-130 and return to your home country when the interview comes up. Just filing for the K3 doesn't mean you can move to the US - you have to obtain the K3 first. You can visit the US during the process as long as you have sufficient proof of your return to your home country or a visitor visa if needed for your country.

[MargotDarko 0]

Oh ok thanks Margot.

So I was sposed to get my NOA-1 (but I didn't), and right now the 130 is getting processed....and it's on the right track if they are asking for evidence (good idea bout the military letter ta), so i submit my evidence asap and then if I apply for the visitor visa- after it's approved, I can just wait for my 130 (unless its over 6 months) whilst im in the states?

I just wanna stay longer then 3 months....that's why I think the visitor visa would be appropriate. I have entered on the Visa Waiver before.....and that was great and convenient but yeah.. only 90 days.......

Yes, you should have received NOA1 but something happened to it, maybe lost in the post. And now the I-130 is processing and it will stay on the right track as long as you reply to the RFE quickly.

If I were you, I wouldn't bother with the visitor visa. If you reply to the RFE within the next couple of days, you should have the CR1 or IR1 by the end of roughly three months. You will need to be near Frankfurt during that time for when you need to do the medical and for the interview.

I thought your husband was currently at a base in Germany with you. Is that correct? What six months are you wanting to spend in the US on a visitor visa? I just don't think it will be necessary. Once they have the evidence, the process will go really quickly for you and like I said you'll need to go to Frankfurt a couple times. You're currently on track to be living in the US as a permanent resident free to work sometime by the end of August/early Sept this year.

[MargotDarko 0]

Another comment for Arla - I see that you are a UKC. No visitor visa is needed to visit the US.

Unless your USC spouse is living in the UK, please disregard all information in this post. The information in this post can only be slightly helpful if the USC is currently in the UK.

Edited June 1, 2007 by MargotDarko

[simmybabez 0]

Oh ok thanks Margot.

So I was sposed to get my NOA-1 (but I didn't), and right now the 130 is getting processed....and it's on the right track if they are asking for evidence (good idea bout the military letter ta), so i submit my evidence asap and then if I apply for the visitor visa- after it's approved, I can just wait for my 130 (unless its over 6 months) whilst im in the states?

I just wanna stay longer then 3 months....that's why I think the visitor visa would be appropriate. I have entered on the Visa Waiver before.....and that was great and convenient but yeah.. only 90 days.......

Yes, you should have received NOA1 but something happened to it, maybe lost in the post. And now the I-130 is processing and it will stay on the right track as long as you reply to the RFE quickly.

If I were you, I wouldn't bother with the visitor visa. If you reply to the RFE within the next couple of days, you should have the CR1 or IR1 by the end of roughly three months. You will need to be near Frankfurt during that time for when you need to do the medical and for the interview.

I thought your husband was currently at a base in Germany with you. Is that correct? What six months are you wanting to spend in the US on a visitor visa? I just don't think it will be necessary. Once they have the evidence, the process will go really quickly for you and like I said you'll need to go to Frankfurt a couple times. You're currently on track to be living in the US as a permanent resident free to work sometime by the end of August/early Sept this year.

Hun you are my new favourite person! No one can give me straight answers!

Ok I was wanting the visitor visa because.........my husband has just got orders to Texas and his report date is the 10th of August. That means we will no longer be in Germany after July 20. Apparently my interview will end up being in Sydney, Australia so I will have to go back for that- I mean.. if it's just going to be 3 months or so- I will be fine without the visa. But if its going to take longer then that- I will definately want to be in the states for longer then 3 months because he will be getting deployed in January.

I hope I make sense.

[Arla 0]

Reading this thread has been very informative (thanks!) but I have a question to add -

I was told that I could file the K3 after the I130 to enable me to move to the US and wait there whilst the immigration visa is processed. Is that not the case?

This thread should probably be moved to the DCF forum as it's not actually relevant to K3 visa.

Arla - After receiving NOA1 for the I-130, you file for the K3 visa quickly. When you receive the K3 visa, you can move to the US. You can then either file for Adjustment of Status, or continue with the I-130 and return to your home country when the interview comes up. Just filing for the K3 doesn't mean you can move to the US - you have to obtain the K3 first. You can visit the US during the process as long as you have sufficient proof of your return to your home country or a visitor visa if needed for your country.

Do you know roughly how long it takes to process the K3 visa? I'm pregnant and have to fly before the third trimester if I'm going to travel at all!

[MargotDarko 0]

Oh ok thanks Margot.

So I was sposed to get my NOA-1 (but I didn't), and right now the 130 is getting processed....and it's on the right track if they are asking for evidence (good idea bout the military letter ta), so i submit my evidence asap and then if I apply for the visitor visa- after it's approved, I can just wait for my 130 (unless its over 6 months) whilst im in the states?

I just wanna stay longer then 3 months....that's why I think the visitor visa would be appropriate. I have entered on the Visa Waiver before.....and that was great and convenient but yeah.. only 90 days.......

Yes, you should have received NOA1 but something happened to it, maybe lost in the post. And now the I-130 is processing and it will stay on the right track as long as you reply to the RFE quickly.

If I were you, I wouldn't bother with the visitor visa. If you reply to the RFE within the next couple of days, you should have the CR1 or IR1 by the end of roughly three months. You will need to be near Frankfurt during that time for when you need to do the medical and for the interview.

I thought your husband was currently at a base in Germany with you. Is that correct? What six months are you wanting to spend in the US on a visitor visa? I just don't think it will be necessary. Once they have the evidence, the process will go really quickly for you and like I said you'll need to go to Frankfurt a couple times. You're currently on track to be living in the US as a permanent resident free to work sometime by the end of August/early Sept this year.

Hun you are my new favourite person! No one can give me straight answers!

Ok I was wanting the visitor visa because.........my husband has just got orders to Texas and his report date is the 10th of August. That means we will no longer be in Germany after July 20. Apparently my interview will end up being in Sydney, Australia so I will have to go back for that- I mean.. if it's just going to be 3 months or so- I will be fine without the visa. But if its going to take longer then that- I will definately want to be in the states for longer then 3 months because he will be getting deployed in January.

I hope I make sense.

Hmm... the thing about the interview is something I'm not sure of. For normal I-130 filing at a US service center, then yes the interview will be at the foreign spouse's home country. It might be at Frankfurt still though since you've been able to file directly there. At any rate, that doesn't matter too much right now - you'll receive instructions on it with packet 4 (you'll receive that after you've completed the instructions in packet 3).

So, let's see if I'm understanding - he has to report to Texas by 10th of August, but you'll be flying to the states at the end of July before that, right? And then he'll be in Texas indefinitely or least for a long time, right? I can't imagine that you'll need a visitor's visa. The process won't take that long unless something goes really wrong.

Look in the DCF forum and try to find other people who have filed in Frankfurt. Actually, have you read the Direct Consular Filing guide? That's the process you're doing. In the DCF forum, I think you'll be able to find other military couples who have gone through Frankfurt and can give advice.

Reading this thread has been very informative (thanks!) but I have a question to add -

I was told that I could file the K3 after the I130 to enable me to move to the US and wait there whilst the immigration visa is processed. Is that not the case?

This thread should probably be moved to the DCF forum as it's not actually relevant to K3 visa.

Arla - After receiving NOA1 for the I-130, you file for the K3 visa quickly. When you receive the K3 visa, you can move to the US. You can then either file for Adjustment of Status, or continue with the I-130 and return to your home country when the interview comes up. Just filing for the K3 doesn't mean you can move to the US - you have to obtain the K3 first. You can visit the US during the process as long as you have sufficient proof of your return to your home country or a visitor visa if needed for your country.

Do you know roughly how long it takes to process the K3 visa? I'm pregnant and have to fly before the third trimester if I'm going to travel at all!

What is the latest date you can fly? Have you filed the I-130 or I-129f? Where is your husband?

[simmybabez 0]

Hmm... the thing about the interview is something I'm not sure of. For normal I-130 filing at a US service center, then yes the interview will be at the foreign spouse's home country. It might be at Frankfurt still though since you've been able to file directly there. At any rate, that doesn't matter too much right now - you'll receive instructions on it with packet 4 (you'll receive that after you've completed the instructions in packet 3).

So, let's see if I'm understanding - he has to report to Texas by 10th of August, but you'll be flying to the states at the end of July before that, right? And then he'll be in Texas indefinitely or least for a long time, right? I can't imagine that you'll need a visitor's visa. The process won't take that long unless something goes really wrong.

Look in the DCF forum and try to find other people who have filed in Frankfurt. Actually, have you read the Direct Consular Filing guide? That's the process you're doing. In the DCF forum, I think you'll be able to find other military couples who have gone through Frankfurt and can give advice.

Yeah- he will be in Fort Hood TX until atleast 2009. I am on his orders so I am supposed to go with him. Lol dumbly enough we thought this whole process would be completed by the time this all happened, ofcourse I didn't expect too much- but I didn't expect that we would wait 6 months on 1 letter either. So im really worried that because it's taken so long to get this far- it's going to be like this the whole time.........really slow. And I think I kinda just want to safeguard myself with a visitor visa just incase this process does take another 5 or 6 months to hear from them again.

Thanks alot for your help! I will check out the DCF forum now- and sorry I put this in the wrong section lol- at the time....... I thought it was right!

[MargotDarko 0]

Hmm... the thing about the interview is something I'm not sure of. For normal I-130 filing at a US service center, then yes the interview will be at the foreign spouse's home country. It might be at Frankfurt still though since you've been able to file directly there. At any rate, that doesn't matter too much right now - you'll receive instructions on it with packet 4 (you'll receive that after you've completed the instructions in packet 3).

So, let's see if I'm understanding - he has to report to Texas by 10th of August, but you'll be flying to the states at the end of July before that, right? And then he'll be in Texas indefinitely or least for a long time, right? I can't imagine that you'll need a visitor's visa. The process won't take that long unless something goes really wrong.

Look in the DCF forum and try to find other people who have filed in Frankfurt. Actually, have you read the Direct Consular Filing guide? That's the process you're doing. In the DCF forum, I think you'll be able to find other military couples who have gone through Frankfurt and can give advice.

Yeah- he will be in Fort Hood TX until atleast 2009. I am on his orders so I am supposed to go with him. Lol dumbly enough we thought this whole process would be completed by the time this all happened, ofcourse I didn't expect too much- but I didn't expect that we would wait 6 months on 1 letter either. So im really worried that because it's taken so long to get this far- it's going to be like this the whole time.........really slow. And I think I kinda just want to safeguard myself with a visitor visa just incase this process does take another 5 or 6 months to hear from them again.

Thanks alot for your help! I will check out the DCF forum now- and sorry I put this in the wrong section lol- at the time....... I thought it was right!

It wasn't dumb to think it would be all done in time - really it should have been. I think what someone said about the Adam Walsh law (a big to-do earlier this year where direct consular filing was stopped for a while) probably did affect your petition. I don't think you have to worry about new delays, but I can understand wanting to be safe. Get your RFE done in the next couple days and keep us updated in the DCF forum.

Edited June 1, 2007 by MargotDarko

[Arla 0]

What is the latest date you can fly? Have you filed the I-130 or I-129f? Where is your husband?

We haven't filed yet because my idiot husband forgot! He says he's going to post the forms on Monday. The husband's stationed in Norfolk, VA (navy), and I can fly up to the end of September.

[MargotDarko 0]

What is the latest date you can fly? Have you filed the I-130 or I-129f? Where is your husband?

We haven't filed yet because my idiot husband forgot! He says he's going to post the forms on Monday. The husband's stationed in Norfolk, VA (navy), and I can fly up to the end of September.

Has your husband read the K3 visa guide here? http://www.visajourney.com/forums/index.ph...mp;page=k3guide

That will help prevent any mistakes and therefore delays from occurring.

Unfortunately, you're cutting it close with end of September if the I-130 isn't filed yet. Your husband has to wait for NOA1 before filing the I-129f and then it takes time for the I-129f to be approved and for everything to get forwarded to London for processing and then for you to have the medical and interview and for the visa to arrive in the mail. I find the timelines here kind of hard to read, but I will look around and see if I can come up with a guesstimate for you.