Quick questions

[joeschmoe 0]

Let me just post where my case is at right now so you get a better idea.

I 130 Filed in Jan 07. Got the aproval, Paid the 380.

I 129F Filed in Feb 07. Got the approval, my wife recieved the package from the embassy today.

She has to do the steps required on her side before the interview.

Now this is my question. Since both are aproved and paid for ( except the 100 dollars visa app fee that we will have to pay at the consulate, at the time of the interview) can she come here on the k3 visa, then go back when the I 130 interview is scheduled ? How do we go about this. The thing is, she is a student back home, and needs to finish her exams for this year and also finish her last yaer at the university. I guess I have a bunchy of questions, and hopefully someone can help me out with some answers. If she comes here on the k3 visa, do I file for adjustment of status, or since the I 130 was appproved and paid for, will grant her the greencard without the adjustment of status ? Also, how long does it take to recieve the GC ? She can only stay for about 2 monts before she has to go back and finish her last year of school ? I know we are in a tight spot on this issue, but I'm looking for some answers and uscis nor nvc have the answers I'm looking for, or they just won't give them out to me.

[YuAndDan 153]

If you enter the country on a K-3 you either have to adjust status (Pay $1010) or if the I-130 case made it to the consulate or embassy, you can return to the foreign country to interview for the immigrant visa and then travel back to the USA on the immigrant visa to get green card.

If USCIS held the I-130 pending the K-3, you may have to file I-824 to get the approved I-130 moving on to the NVC.

You can interview for the K-3, and then just hold off on using it as in your case and continue schooling and just wait for the CR-1 interview, the CR-1 needs no adjustment of status.

With the recent increase in fees, and the way CR-1 visa cases have been taking only a little longer to process than K-3 cases, I would be forgetting about K-3 and just be pursuing CR-1 visa.

[pushbrk 13,073]

If you enter the country on a K-3 you either have to adjust status (Pay $1010) or if the I-130 case made it to the consulate or embassy, you can return to the foreign country to interview for the immigrant visa and then travel back to the USA on the immigrant visa to get green card.

If USCIS held the I-130 pending the K-3, you may have to file I-824 to get the approved I-130 moving on to the NVC.

You can interview for the K-3, and then just hold off on using it as in your case and continue schooling and just wait for the CR-1 interview, the CR-1 needs no adjustment of status.

With the recent increase in fees, and the way CR-1 visa cases have been taking only a little longer to process than K-3 cases, I would be forgetting about K-3 and just be pursuing CR-1 visa.

If the OP paid the $380 for the I-130, that means it's at the NVC and should soon be forwarded to the Consulate.

Sure, you can get both visas. It's up to you.

[joeschmoe 0]

Yes, I'm sorry, I forgot to mention that the I 130 was at NVC. The thing is I would like my wife to be here with me during the holydays. I'm active duty in the military here ( don't know if that makes any difference to NVC or the consulate ) but the main thing is, I want her to be with me for the holydays, then she has to go back for schooling. If it's possible for her to go back and then do the I 130 interview also then that's great. I though there would be a penalty for doing that. And yes, I would rather not pay the $1000 + since her I 130 has been approved, and paid for. Usually how long does it take for the embassy to process the I 130 case and have her go to the interview ? Is it a long wait ? Thank you for all your help.

[pushbrk 13,073]

Yes, I'm sorry, I forgot to mention that the I 130 was at NVC. The thing is I would like my wife to be here with me during the holydays. I'm active duty in the military here ( don't know if that makes any difference to NVC or the consulate ) but the main thing is, I want her to be with me for the holydays, then she has to go back for schooling. If it's possible for her to go back and then do the I 130 interview also then that's great. I though there would be a penalty for doing that. And yes, I would rather not pay the $1000 + since her I 130 has been approved, and paid for. Usually how long does it take for the embassy to process the I 130 case and have her go to the interview ? Is it a long wait ? Thank you for all your help.

In general, the only penalty is the travel expense. She needs to go back anyway, so no penalty. Your plan is perfectly acceptable.

[joeschmoe 0]

2 more questions then I'm out of your hair

Once she comes to the US on her C1 visa, how long does it take for her to recieve her GC ?

And lastly, on her K3 visa application, there is a form she has to fill out, that asks couple of green card questions. Should we ignore that form or fill it out anyways. I can get more info if you need. Thx again for all your help guys. Really helped me out a great deal.

[Dakine 26]

2 more questions then I'm out of your hair

Once she comes to the US on her C1 visa, how long does it take for her to recieve her GC ?

And lastly, on her K3 visa application, there is a form she has to fill out, that asks couple of green card questions. Should we ignore that form or fill it out anyways. I can get more info if you need. Thx again for all your help guys. Really helped me out a great deal.

Which questions!

[joeschmoe 0]

Once she comes to the US on her C1 visa, how long does it take for her to recieve her GC ?

on her K3 visa application, there is a form she has to fill out, that asks couple of green card questions. Should we ignore that form or fill it out anyways.

I was refering to the questions above. I'm filled with questions tho. I've read the forums but I have not found anything pertaining to our case. Also I've been reading the I 134 and it asks about bank statements. Are those required ? It seems they want a certain type not just the regular joe schmoe print out from the online bank services. Either way I have 4 banks I use , so that's a bunch of statements. I hope those are just a plus and not necesarilly required. Thx again.

[Dakine 26]

Once she comes to the US on her C1 visa, how long does it take for her to recieve her GC ?

on her K3 visa application, there is a form she has to fill out, that asks couple of green card questions. Should we ignore that form or fill it out anyways.

I was refering to the questions above. I'm filled with questions tho. I've read the forums but I have not found anything pertaining to our case. Also I've been reading the I 134 and it asks about bank statements. Are those required ? It seems they want a certain type not just the regular joe schmoe print out from the online bank services. Either way I have 4 banks I use , so that's a bunch of statements. I hope those are just a plus and not necesarilly required. Thx again.

Takes from 2 to 4 weeks to get GC and SS card in the mail with a CR-1.

Can take from 2 months to whenever to do AOS for K3 and get a GC. Can't get SS card until she has GC.

Main thing is to have letters from your bank stating when accounts opened and how much in them or average for a year.

You can include monthly print out statements also. I did but they never looked at them.

More ammo the better tho!

[joeschmoe 0]

ok thx a lot. I'm sure I'll have more questions as time goes by. Right now I want to hurry through this so my sweatheart can get that darn visa and come spend christmas and new years with me.. and her birthday at the same time

So far, they have moved relatively fast.. I think the letter I wrote them helped out a bit. It was me that moved kind of slow. I think that if I would have hurried through it all, it would have taken a total of 3 months.

Edited September 18, 2007 by EddyPython

[YuAndDan 153]

I was refering to the questions above. I'm filled with questions tho. I've read the forums but I have not found anything pertaining to our case. Also I've been reading the I 134 and it asks about bank statements. Are those required ? It seems they want a certain type not just the regular joe schmoe print out from the online bank services. Either way I have 4 banks I use , so that's a bunch of statements. I hope those are just a plus and not necesarilly required. Thx again.

The I-134 is an old document that USCIS has not updated in years.

A warning about bank statements, if income exceeds 125% poverty line then asset data like bank statements are not needed. I read recently of a couple being told to provide the originals of the bank statements by the Visa Officer at the interview. Give them enough information to satisfy the minimum requirement.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above 125% povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

Again Bank Statements are not needed if income meets or exceeds 125% povertyline.

[pushbrk 13,073]

Once she comes to the US on her C1 visa, how long does it take for her to recieve her GC ?

She receives a stamp in her passport at entry that indicates her permanent resident status. Her green card will come in the mail in about a month but she has all the privileges with the stamp in her passport.

Beckypua's answer was obviously for a K3 green card process after entry.