Marraige Certificate Date Issue

GhantaBro said:
Nimche thanks a lot for your assistance throughout. I will certainly need your help in filing her GC. She is backhome and never came here before. Please let me know what are things I should send them for her GC filing... Thanks again.
Click to expand...

On this Website, family green card forum is out of organization and I found it really hard to search for an answer because none of the family visa categories are the same at all. (I wish I could have shared my experience which I have learned a lot through out this process) Since you are married you have three choices as you may be aware of them already. Either one of three options:

1) CR1/IR1 (CR1 for your spouse if you have been married less than two years which you wife will received conditional GC) (IR1 for your spouse if you have been married more than 2 years and she get a GC which expires in 10 years).

2) K3, which was introduced as an alternate way to speed up the processing to IR1/CR1 by giving the spouse a non-immigrant visa so s/he could join you in the US while her paperwork are being processed. This is not the fastest anymore.

3) DCF (Direct Consular Filling) which is my favorite but I am not eligible for it and it is the fastest way out of all. Someone said India has this processing but you have to show that you have lived over there (i.e. India) for six months or so. (You can check with American embassy in country which you wish to file)

Now, NVC (National Visa Center) which has a big role in option (1) has become more sufficient and will process your application faster + some folks have come up with shortcuts to speed up the process for option 1. And that is what I will do and I have some info about it which we can share to be credited to the actual author of this shortcut.

If the Big Boss in this website, go ahead and have family base GC forum worked out and make it more organized so we can at least help each other.
I don't even want to go over there messy as hell.

But Ghantabro, I don’t know where you are in term of gathering paperwork but you need to have them all done before you get your Naturalization Certificate, because from then if you need your wife here ASAP, you need to move fast.

I don’t remember if you have already filed I-130 base on your GC or not but please let me know.

Good Luck,

P.S. if you think I can help you with any questions, please don’t hesitate and ask me.
 
USGC485 said:
CP requires your spouse to wait in home country for an approval. K3 visa can be obtained at the US consulate or embassy on the same day and then travel to usa to be with her/his spouse and file 485 based on marriage to get a conditional green card. it is better to be with spouse quickly than waiting for time period.

If you want to file via CP, your spouse will have to stay and wait in her/his home country. If you want your spouse immediately, use spouse visa. Ghantabro, I know you have been waiting too long for your wife to come. try spouse visa for her.
Click to expand...

You misunderstood my point. I know about the different process for CP versus I-485 or USCIS Adjustment of Status.

What I was trying to tell you is that it is does not in fact take 1 day to get a K3 visa as you mention. In order to file a k3 visa, the petitioner must have had the I-130 pending for several months. In addition, the paper work required to file the K3 visa is pretty much the same as for CP or I-485 processing.

I guess if one has submitted an I-130 while still a PR or it has since been approved I-130, then the K3 route with internal processing is definitely faster. But it isn't always the case is my point.
 
Last edited by a moderator:
Nimche said:
Lolali, FYI recently they have figured out that K3 process is not faster than IR1 or CR1 anymore (in many cases). I don't know what way Ghantabro will do his paperworks but a major study is req. for such a process.
I am still scratching my head.
Click to expand...

Hey bud -

You're right. That is what I was trying to say. It really depends on whether or not the I-130 was pending or already approved, or else you loose valuable months waiting before you are eligible to send in a K3 application.

In your case, since already have a pending I-130 for more than 6 months, K3 might be a faster process in bringing your wife to the US. Then you can file for adjustment of status for her here together. If you go down this route, the K3 fee of $455 is waived for you since you have a pending I-130. So it might be virtually painless. :) Let me know if you need more information - but I think you are doing your own research. But the more I think about your particular situation, the more I think the K3 route is the fastest way to get you and your wife reunited here in the US.
 
LolaLi said:
Hey bud -

You're right. That is what I was trying to say. It really depends on whether or not the I-130 was pending or already approved, or else you loose valuable months waiting before you are eligible to send in a K3 application.

In your case, since already have a pending I-130 for more than 6 months, K3 might be a faster process in bringing your wife to the US. Then you can file for adjustment of status for her here together. If you go down this route, the K3 fee of $455 is waived for you since you have a pending I-130. So it might be virtually painless. :) Let me know if you need more information - but I think you are doing your own research. But the more I think about your particular situation, the more I think the K3 route is the fastest way to get you and your wife reunited here in the US.
Click to expand...

Lolali,
One problem which people have encountered during this process specially the one which applied for I-130 base on GC years ago and jut upgrade their case from green card holder to a US citizen and apply for k3 was that USCIS made a mistake and somehow delayed their case and to my understanding what USCIS have done was gave them a second priority date which pushed their case further away instead of processing it faster.

My personal plan is, when I become citizen I will call them the same day and let them know that I am citizen and my I-130 is out of your processing timeline. And that would take care of processing in CSC. Then as soon as it gets to NVC, I will use this shortcut which makes the process a lot faster than what it should take and after NVC’s approval, embassy will take care of the rest..

But since you have mentioned, I have a question for you. When I applied for I-130 in 2006 for question # 22 which you give them embassy which you like to go to have your spouse overseas to be interviewed and now I would like to change it. Do you think of a way I can do such a thing?

Please let me know.
 
My N400 interview is on the 28th July and hope to get same day Oath. Once I get that done, I will apply for I-130. Seems like we can apply for K3 as soon as we get the I-797. Anyone here has experience with this? I was reading that K3 is the fastest way to get the spouse here for which we have to apply I-129F and once the spouse is here, we apply for EAD and I 485. Guys what do you suggest? How good is K3?

Thanks for your help.
 
After reading this... hmm K-3???

K-3 Visa - Spouse visa processing is a rather lengthy and complicated process that involves several steps. It should be ideally made through an authorized immigration law firm that has extensive experience with US immigration laws, policies, regulations and procedures. Normally, K-3 Visas are issued to those people whose spouses are US citizens.

The time duration of K-3 Visa - Spouse visa processing varies greatly on the basis of the applicant’s circumstances, nationality and the concerned embassy. The whole process will take around 5 to 7 months. Incorrectly filled out forms and varying degrees of inefficiency of visa granting governmental agencies can lag the processing of the K-3 Visa - Spouse visa application. If your part of filing and submission of visa application is done in the correct way and through proper channel, you can reduce the spouse visa processing time to a great extent.

K-3 Visa processing is generally performed at the concerned USCIS (US Citizenship and Immigration Services) office and at the Consulate. Before applying for the K3 Visa, an applicant must fulfill certain qualification requirements. They include:

• Must be married to a U.S. citizen who has filed a pending Petition for Alien Relative, Form I-130.
• Must be shown as the beneficiary on an approved I-129F form
• Must seek admission to the U.S. to wait for the completion of the immigration process.

If the applicant satisfies the above conditions, he or she can go forward with the visa application procedures. The supporting documents to be produced at the time of submission of application form are:

• Legal certificates supporting birth, marriage, divorce and death.
• Valid passport
• Medical exam report from an approved physician or hospital
• Police certificate
 
Nimche said:
Lolali,
One problem which people have encountered during this process specially the one which applied for I-130 base on GC years ago and jut upgrade their case from green card holder to a US citizen and apply for k3 was that USCIS made a mistake and somehow delayed their case and to my understanding what USCIS have done was gave them a second priority date which pushed their case further away instead of processing it faster.

My personal plan is, when I become citizen I will call them the same day and let them know that I am citizen and my I-130 is out of your processing timeline. And that would take care of processing in CSC. Then as soon as it gets to NVC, I will use this shortcut which makes the process a lot faster than what it should take and after NVC’s approval, embassy will take care of the rest..

But since you have mentioned, I have a question for you. When I applied for I-130 in 2006 for question # 22 which you give them embassy which you like to go to have your spouse overseas to be interviewed and now I would like to change it. Do you think of a way I can do such a thing?

Please let me know.
Click to expand...

Nimche -

Just calling CSC or Customer Service hotline (and speaking to an IO) isn't going to help you. They require you send them proof of your citizenship - e.g. copy of the naturalization certificate to them. I would suggest you do call them as planned, but follow up with a priority mailing with the copy of I-797 and a copy of the your certificate - you should also send an updated form I-130 page that contains the embassy question - with the new embassy information. Make sure you include a cover letter that explains what you are doing and that the updated page includes a change in consular location.

Then, when the file is transferred to NVC, you can call them directly and ask them about the address information to make sure the update took place.
 
GhantaBro said:
My N400 interview is on the 28th July and hope to get same day Oath. Once I get that done, I will apply for I-130. Seems like we can apply for K3 as soon as we get the I-797. Anyone here has experience with this? I was reading that K3 is the fastest way to get the spouse here for which we have to apply I-129F and once the spouse is here, we apply for EAD and I 485. Guys what do you suggest? How good is K3?

Thanks for your help.
Click to expand...

My advice to you is to check out the waiting times at the consulate serving your wife's locale in India. If it is 1 year + to complete consular processing, then the K3 visa is the best way to go if you want to reunite sooner. If it is less than 1 year, then go with consular processing. I know some consulates can process CP in less than 8 months for standard cases - such as Canada.

K3 basically allows your wife to come to the USA to complete her permanent resident application. It is a non-immigrant visa with immigrant intent. If it can be issued fast, then it is worth it. You might also look into the US consulate in India to see how fast they process K3 visas. If their times are fast - you might want to go this route as well.

Any reason why you didn't apply an I-130 for your wife while you were a PR?
 
Last edited by a moderator:
LolaLi said:
Nimche -

Just calling CSC or Customer Service hotline (and speaking to an IO) isn't going to help you. They require you send them proof of your citizenship - e.g. copy of the naturalization certificate to them. I would suggest you do call them as planned, but follow up with a priority mailing with the copy of I-797 and a copy of the your certificate - you should also send an updated form I-130 page that contains the embassy question - with the new embassy information. Make sure you include a cover letter that explains what you are doing and that the updated page includes a change in consular location.

Then, when the file is transferred to NVC, you can call them directly and ask them about the address information to make sure the update took place.
Click to expand...

Yep, that is right. Sometime you think about things and you don't write about them. When I get my certificate I will call 1-800 and tell them I am citizen and I have I-130 pending and it is out of processing time. They usually ask you to fax it over to California Service center and then I will mail it to make sure they have it and I will include all the necessary documents in there.

I wish we have a chat room. GhantaBro, do you have Yahoo! messenger? If yes I can provide more information which you can use.
 
LolaLi said:
My advice to you is to check out the waiting times at the consulate serving your wife's locale in India. If it is 1 year + to complete consular processing, then the K3 visa is the best way to go if you want to reunite sooner. If it is less than 1 year, then go with consular processing. I know some consulates can process CP in less than 8 months for standard cases - such as Canada.

K3 basically allows your wife to come to the USA to complete her permanent resident application. It is a non-immigrant visa with immigrant intent. If it can be issued fast, then it is worth it. You might also look into the US consulate in India to see how fast they process K3 visas. If their times are fast - you might want to go this route as well.

Any reason why you didn't apply an I-130 for your wife while you were a PR?
Click to expand...

K3 will cost you more, another downfall. GhantaBro, get ready you need to study more :D.

Lolali, BTW thanks for your help. It is nice of you!
 
You must log in or register to reply here.
Top