Gavinni

Hello,

My wife and I got married in the United States approx. 6 months ago
while she was here on a short term work visa.

It's been three months since she left the USA to comply with her visa
expiration date. I just came back from visiting her in the Dom. Rep.
this past Thanksgiving weekend. We really want to be together

I am totally confused as to the process needed to bring her back here to
the US. So far all that I know is that I belong to the Nebraska
processing center and that she did not have a 2 year home requirement on
her previous visa.

Once again, I'm not sure as to the steps needed and timeframes involved
to bring her back the quickest way. Is there more than one method to get
her back here in the US? Private messages are also welcome.

Thanks,

Bob

> Hello,
>
> My wife and I got married in the United States approx. 6 months ago
> while she was here on a short term work visa.
>
> It's been three months since she left the USA to comply with her visa
> expiration date. I just came back from visiting her in the Dom. Rep.
> this past Thanksgiving weekend. We really want to be together
>
> I am totally confused as to the process needed to bring her back here
> to the US. So far all that I know is that I belong to the Nebraska
> processing center and that she did not have a 2 year home requirement
> on her previous visa.
>
> Once again, I'm not sure as to the steps needed and timeframes
> involved to bring her back the quickest way. Is there more than one
> method to get her back here in the US? Private messages are also
> welcome.
>
> Thanks,

First thing you need to say is whether you are a US citizen or
not...makes a huge difference.

As for forms to fill in, www.uscis.gov search for the section on how to
bring a foreign spouse to the US on what you need to do....as for
timelines, have a look at the processing times for the K3 visa, but take
it with a pinch of salt.

Gavinni

> First thing you need to say is whether you are a US citizen or
> not...makes a huge difference.
>
> As for forms to fill in, www.uscis.gov search for the section on how
> to bring a foreign spouse to the US on what you need to do....as for
> timelines, have a look at the processing times for the K3 visa, but
> take it with a pinch of salt.

Thanks Bob, and yes, I am a US citizen. I did check that website but
it's still confusing...can anyone provide some sort of cheat sheet that
may explain to me the process?

Ray

> Thanks Bob, and yes, I am a US citizen. I did check that website but
> it's still confusing...can anyone provide some sort of cheat sheet
> that may explain to me the process?

Go and have a chat with a Lawyer if your confused with it all..
Not a thing to fumble through
http://www.ailalawyer.com/

Noorah101

> Thanks Bob, and yes, I am a US citizen. I did check that website but
> it's still confusing...can anyone provide some sort of cheat sheet
> that may explain to me the process?

For now, you can start by looking at the I-130 form. That's that's the
petition you'll need to submit to your service center. There is more
paperwork to be done after that, both by you and by your wife, that
eventually leads to her receiving an immigrant visa.

As a backup plan (in case the I-130 takes a while to process), you can
take a look at the I-129F petition which will lead to a K-3 visa.
Sometimes a K-3 will take less time than the immigrant visa, but there's
no way of knowing for sure.

Also look at the I-864 Affidavit of Support form, you'll need to meet
certain income requirements to sponsor your wife.

As suggested, at least a one-time consultation with an immigration
attorney can be really helpful to get you started in the right
direction.

Best Wishes,
Rene

Gavinni

> For now, you can start by looking at the I-130 form. That's that's
> the petition you'll need to submit to your service center. There is
> more paperwork to be done after that, both by you and by your wife,
> that eventually leads to her receiving an immigrant visa.
>
> As a backup plan (in case the I-130 takes a while to process), you can
> take a look at the I-129F petition which will lead to a K-3 visa.
> Sometimes a K-3 will take less time than the immigrant visa, but
> there's no way of knowing for sure.
>
> Also look at the I-864 Affidavit of Support form, you'll need to meet
> certain income requirements to sponsor your wife.
>
> As suggested, at least a one-time consultation with an immigration
> attorney can be really helpful to get you started in the right
> direction.
>
> Best Wishes,
> Rene

Thanks Rene + Ray. Is there really some paperwork she has to complete
on her end?

Noorah101

> Thanks Rene + Ray. Is there really some paperwork she has to complete
> on her end?

Yes. The part you fill out is a petition asking for permission for her
to apply for an immigrant visa. The part she fills out is actually the
visa application paperwork itself.

If you're worried about her ability to fill out her part of the forms,
you can do it for her. She just needs to get her original signature on
them. I filled out all of my husband's (fiance at the time) paperwork
for him, then Fed Exed it to him for his original signature.

Best Wishes,
Rene

Gavinni

> Yes. The part you fill out is a petition asking for permission for
> her to apply for an immigrant visa. The part she fills out is
> actually the visa application paperwork itself.
>
> If you're worried about her ability to fill out her part of the forms,
> you can do it for her. She just needs to get her original signature
> on them. I filled out all of my husband's (fiance at the time)
> paperwork for him, then Fed Exed it to him for his original signature.
>
> Best Wishes,
> Rene

That's a neat idea! A few additional questions:

You mentioned something about processing two different petitions
(I-130 + I-129F)

Question 1. When should I approximately file the I-129F petition,
perhaps a month after filing the I-130?

Question 2. Do I need to file an affidavit of support for both
petitions?

Question 3. Will she need to file forms for both petitions and if so,
what are those forms called?

Question 4. Could I expect the I-129F being approved before the I-130?
What was your personal situation?

Question 5. How do all these forms interact through the
processing timeline?

Question 6. Do you take Visa or Mastercard? jk! thanks soo much.

Noorah101

> That's a neat idea! A few additional questions:
>
> You mentioned something about processing two different petitions
> (I-130 + I-129F)
>
> Question 1. When should I approximately file the I-129F petition,
> perhaps a month after filing the I-130?
>
> Question 2. Do I need to file an affidavit of support for both
> petitions?
>
> Question 3. Will she need to file forms for both petitions and if so,
> what are those forms called?
>
> Question 4. Could I expect the I-129F being approved before the I-130?
> What was your personal situation?
>
> Question 5. How do all these forms interact through the processing
> timeline?
>
> Question 6. Do you take Visa or Mastercard? jk! thanks soo much.

You can file the I-129F as soon as you have your NOA (receipt) from the
I-130 in hand.


Yes, but at different stages of the processing.


Well, it depends which route gets to her first. Whichever one gets to
her first, that is the set of paperwork she'll complete. If you look at
the website for US visa applications at her country's US Consulate,
there will probably be a list of the forms they require.


It doesn't really matter which petition is approved first, it's how long
the whole process takes in general. Lately, for consulates like London,
the immigrant visa is processing faster (or just as fast) as the K-3.
There is no way to really tell in your case, but it could be possible
for a K-3 to come through before an immigrant visa. It's also possible
the immigrant visa could come through before the K-3. That's why people
apply for the K-3, as a sort of "backup plan" in case the immigrant visa
takes too long.

In our personal situation, we did a fiance visa, not a spouse visa, so I
have no personal experience with either an immigrant visa or a K-3.


I don't really understand this question. The I-130 will process a
certain amount of time. The I-129F will process a certain amount of
time. Whichever one gets approved first, they will send her a package
of forms to complete for that particular visa (either immigrant visa or
K-3). Then she'll submit whatever is necessary at her consulate, and go
for an interview, which is another processing time frame.

Best Wishes,
Rene

David L. Beem

Hi "gavinni",
> That's a neat idea! A few additional questions: You mentioned
> something about processing two different petitions (I-130 + I-129F)
> Question 1. When should I approximately file the I-129F petition,
> perhaps a month after filing the I-130?
Some places say that you can file both at the same time (if an I-130
has not been filed before). Don't believe them. File the I-129F to the
Chicago Service Center (since it is for a K-3 in this case) *after* you
receive the I-797 "Notice of Action" that your I-130 was received at
whichever Service Center you filed for your area.

> Question 2. Do I need to file an affidavit of support for both
> petitions?
Not normally...

> Question 3. Will she need to file forms for both petitions and if so,
> what are those forms called?
Both of you will file four forms apiece called the G-325A (biographical
information) with each petition...

> Question 4. Could I expect the I-129F being approved before the
> I-130? What was your personal situation?
In my opinion the timeframe for the I-129Fs is becoming longer, while
the I-130s seem to be going through quicker...

> Question 5. How do all these forms interact through the
> processing timeline?
The I-129F filed for a K-3/K-4 visa is dependant on the I-130. In my
horror story the I-129F was denied because the I-130 filed at the same time
was delayed by 18 days being forwarded between Service Centers by USCIS
itself. A crazy world when a processor is able to deny the petition (even
with all the information at hand) because of when something was *received*
months earlier.
David