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karina

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    What exactly is in the Packet 3?

    in Canada

    Posted

    wait, are you saying that it's best to abandon K-3?

    Does Montreal schedule IR1 interviews faster than they schedule K-3 interviews?

    Or I read somewhere that NVC schedules IR1 interviews for Montreal?

    If I want to forget about K-3, do I just write a letter to Montreal and tell them I wanna abandon the K-3, coz my IR1 is almost done being at NVC?

    So confused, but thanks for your help! :)

    What exactly is in the Packet 3?

    in Canada

    Posted

    Hi All,

    What exactly is in the Packet 3?

    I'm guessing it's marriage certificate, police certificate, birth certificate etc...

    Do we have to send in a copy of the I-864 and all the enclosures (letter from job, tax, pay stubs etc) too? AND I-134?

    Thanks! --Karen

    My I-130 stuff is faster than my K-3 stuff

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

    Posted

    yikes, there's ANOTHER Fee for K-3!?!?!

    Do you pay it on the day of the interview? or prior?

    Thanks so much for your help, Simple Male! :)

    You can do that as well. But make sure, you don't pay any extra fee for K-3 interview. If you want to cancel the K-3, just let the consulate know right away that your CR-1 is coming to them soon, therefore, you don't want to go ahead with your K-3. Good Luck.
    Thanks for your response, Simple Male.

    So I guess I can let both run it's course... And keep going through with both.

    And when all the packets are completed, and the K-3 interview date is set (since K-3 is gonna get to the embassy faster), can we call Montreal and ask them to switch it to the IR1 interview?

    If both of your cases arrived at the consulate around same time, they will cancel K-3 and go ahead with CR-1. You can also stop the K-3 process by writing to NVC. It is upto you. Your CR-1 case maybe at the NVC for another month or so before it wil be forwarded to the consulate.
    Hi all,

    I totally apologize as I am sure this question has been asked before...

    Here's the situation:

    My I-130 (IR1) stuff is moving along at NVC (I am just waiting to send in the DS-230), and my K-3 was recently approved (1.5 months after the I-130 approved) and just got to NVC yesterday...

    What should I do?

    I read somewhere that when my K-3 packet gets to the Embassy (Montreal), I can ask for an IR1 interview instead of the K-3 interview...

    So should I do that as soon as my K-3 packet gets to Montreal, or should I continue to send in all the packet 3 stuff before requesting a change to IR1 interview?

    I think I have to submit another I-864 for the K-3, can I just send a copy of what I sent in to NVC for my IR1? Or do I have to do a new one?

    Bottomline, I want my husband back with me, no matter if it's K-3 or IR1, but it would be nice if he can come in with IR1....

    Hope that made sense, and thanks ahead for your help!

    You guys are awesome :)

    My I-130 stuff is faster than my K-3 stuff

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

    Posted

    Thanks for your response, Simple Male.

    So I guess I can let both run it's course... And keep going through with both.

    And when all the packets are completed, and the K-3 interview date is set (since K-3 is gonna get to the embassy faster), can we call Montreal and ask them to switch it to the IR1 interview?

    If both of your cases arrived at the consulate around same time, they will cancel K-3 and go ahead with CR-1. You can also stop the K-3 process by writing to NVC. It is upto you. Your CR-1 case maybe at the NVC for another month or so before it wil be forwarded to the consulate.
    Hi all,

    I totally apologize as I am sure this question has been asked before...

    Here's the situation:

    My I-130 (IR1) stuff is moving along at NVC (I am just waiting to send in the DS-230), and my K-3 was recently approved (1.5 months after the I-130 approved) and just got to NVC yesterday...

    What should I do?

    I read somewhere that when my K-3 packet gets to the Embassy (Montreal), I can ask for an IR1 interview instead of the K-3 interview...

    So should I do that as soon as my K-3 packet gets to Montreal, or should I continue to send in all the packet 3 stuff before requesting a change to IR1 interview?

    I think I have to submit another I-864 for the K-3, can I just send a copy of what I sent in to NVC for my IR1? Or do I have to do a new one?

    Bottomline, I want my husband back with me, no matter if it's K-3 or IR1, but it would be nice if he can come in with IR1....

    Hope that made sense, and thanks ahead for your help!

    You guys are awesome :)

    My I-130 stuff is faster than my K-3 stuff

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

    Posted

    Hi all,

    I totally apologize as I am sure this question has been asked before...

    Here's the situation:

    My I-130 (IR1) stuff is moving along at NVC (I am just waiting to send in the DS-230), and my K-3 was recently approved (1.5 months after the I-130 approved) and just got to NVC yesterday...

    What should I do?

    I read somewhere that when my K-3 packet gets to the Embassy (Montreal), I can ask for an IR1 interview instead of the K-3 interview...

    So should I do that as soon as my K-3 packet gets to Montreal, or should I continue to send in all the packet 3 stuff before requesting a change to IR1 interview?

    I think I have to submit another I-864 for the K-3, can I just send a copy of what I sent in to NVC for my IR1? Or do I have to do a new one?

    Bottomline, I want my husband back with me, no matter if it's K-3 or IR1, but it would be nice if he can come in with IR1....

    Hope that made sense, and thanks ahead for your help!

    You guys are awesome :)

    DS-230 for IR1

    in Canada

    Posted

    Hi CutienPurg! :) THANKS for your response... :)

    Hi everyone,

    We are getting in the process of filling out the DS-230 for my husband (Canadian). I just wanted to confirm that

    1) we need to fill out both Part I (and signed) & Part II, but leave Part II unsigned.

    2) Do we need to submit original copies of the stuff mentioned in the instruction sheet to NVC? (Such as police certificate, marriage certificate, birth certificate, copied passport bio page etc)

    3) For the part about your previous travel dates to US, my husband was on F-1 visa, and he traveled in and out of the US during the time he had his F-1 visa. He often drove and did not have the exact days of his travels. Do you think it's okay to not put down the exact dates? What's a good language to write down...?

    4) Please let me know if I am missing other stuff that pertains to Canadians (Montreal Embassy)

    Grateful for your help!

    -Karina

    yes , you need to submit originals and things like your marriage cert, birth cert will be returned at the interview.

    most people put notations such as " many visits between xxxx and xxxx for pleasure/business" or tosss in some dates you know and add "other various visits" . I dont think theyre all that picky about it at the consulate as its not uncommon for can/ams to have many cross border visits throughout a lifetime.

    Good Luck :)

    DS-230 for IR1

    in Canada

    Posted

    Hi everyone,

    We are getting in the process of filling out the DS-230 for my husband (Canadian). I just wanted to confirm that

    1) we need to fill out both Part I (and signed) & Part II, but leave Part II unsigned.

    2) Do we need to submit original copies of the stuff mentioned in the instruction sheet to NVC? (Such as police certificate, marriage certificate, birth certificate, copied passport bio page etc)

    3) For the part about your previous travel dates to US, my husband was on F-1 visa, and he traveled in and out of the US during the time he had his F-1 visa. He often drove and did not have the exact days of his travels. Do you think it's okay to not put down the exact dates? What's a good language to write down...?

    4) Please let me know if I am missing other stuff that pertains to Canadians (Montreal Embassy)

    Grateful for your help!

    -Karina

    Do you think we need a waiver?

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    Thanks, Kitkat!

    Ask your lawyer if he has an experience with denials of entry under 212(a)(7)(A). You certainly don't want to be his guinea pig. Your lawyer needs to confirm whether or not there is a need for a waiver before the interview date so you can be prepared - and the FOIA response is not going to arrive before then. You should also find out if the 212 was necessary and if not, if it should be cancelled.

    Do you think we need a waiver?

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    Hi Kitkat, thanks for your quick response! You are very helpful. :)

    Yea, quite honestly, I'm not sure how long he overstayed... He left the US to visit Canada for quite a # of times (between the time he stopped his studies and to the time that he was denied entry), so I don't think that he overstayed for more than 180 days.

    Looking back, we probably should not have filed for 212, but we thought that we needed it since he was denied entry. But thanks for clearing that up! :)

    Our immigration lawyer asked us to look into FOIA, because my husband was not given any paperwork on why he was denied entry at the POE.

    --Karen

    He was denied entry - normally no waiver is necessary for this.

    Why did you file a 212? Normally this is done after visa denial and is used to overcome deportation. If he was illegally present for more than 180 days, he would need a 601 waiver. It doesn't sound like his overstay was that long.

    Illegal work is generally forgiven at AOS in the US when married to a USC. For this reason, it is not often a reason for denial at the consular interview although it certainly could happen.

    FOIA request take about 12 months so it probably won't be very useful to you. I would instead do a consult with a qualified immigration attorney to help clarify. Good luck.

    Do you think we need a waiver?

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    Hi everyone,

    My husband was denied entry in Feb 2006.

    He was here in the US on F-1 visa, and we did not know that he overstayed. He took a semester off, did not know that he had to leave the country. He reentered classes a couple months later. During his time off, he worked (he had a work authorization, but did not realize that he shouldn't be working if he is taking a semester off).

    In addition, I think they denied his entry because he was on F-1 and filed for I-130 (dual intent).

    On his passport, he was stamped I-275 execued, with the annotation s.212(a)(7)(A). He paid for his own plane ticket and returned to Canada the next day. He was not given any paper work as to why he was denied.

    We submitted I-212 and is currently at National benefit center. We have not heard anything from them since...

    As we wait for our interview in Montreal Embassy for our I-130 and I-129F (K-3) sometime in the next couple of months, my questions are:

    - Does he need a to file for 601?

    - Some people told us that he could be "forgiven" based on his marriage to a USC. Do you think it's likely?

    If anyone has gone thru' similiar experiences, please feel free to give us advise... Right now, I am requesting his papers for denial thru' the Freedom of Information Act to find out if he needs a waiver or not..

    Thanks!

    -Karina

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