Some Questions ????

[BrokenHeart]

How long will the petitions stay at NVC ???? If these petitions are at NVC together, what determines what is sent out first, you would think they get sent out at the same time to the Consulate. Also, it is my understanding that I will probably end up with a CR-1 because it will be darn close to my 2nd wedding anniversary 02/28/09, correct.

Now, I have a bunch of the wifes documents that are translated to English and they are a couple of years old, can I send them back to her and she use them again, probably not correct, What can the wife get ready while she waits?? The wife gets a packet and I get a packet, am I right in thinking that, so what do I need to get ready on my end.

I want to make sure everything goes smooth this time.

Thanks for the help guys and dolls.

[georgeandli]

Don't know about time at NVC. Seems like through the process was about 90 days per stop. I would guess most dated/notarized [eligible to marry] good for a year. Update financials and get everything current, don't give them anything to slow it down.

[Sebastian]

UNLESS YOU CLEARLY INDICATE WITH YOUR FIRST SUBMISSION to not stop the I-130, the K-3 will be 'automatically processed' at NVC, AND the I-130 'put on hold'.

 

Your position of 'I will get a CR-1, correct?' has nothing to do with how long you've been married, at this stage, because you also filed a K-3 with adjudication to be done at HKG embassy.

 

If you were following your I-130 (granting CR-1 or IR-1) then it is adjudicated at GUZ. The K-3 is handled at HKG.

 

So I must ask you, what do you want? Which do you want? If you want both, you'll need to keep the I-130 in play. Make the phone call, tell them what you want. Keep in mind, if you keep the I-130 in play, YOU have more paperwork processing to do, stateside.

 

RE: 2 year window. CR-1 is for less than 2 years, granted with successful interview on I-130 petition at GUZ, OR is the result after successful AOS in USA.

IR-1 is for more than 2 years, granted with successful interview on I-130 petition at GUZ, OR is the result after successful AOS in USA.

 

A K-3 visa grants multiple entry for a period of up to 2 years, she can travel back and forth from USA to China without any additional Visa issues during the duration.

 

RE: Wife's documents:

1. police report will need to be redone - get a new one.

2. birth certificate is ok. not need a new one.

3. she has divorce certificate? I can't remember 'validity/ duration' rule here.

 

RE: What determines 'which petition' leaves first from NVC -

Unless you tell them, the K-3 will be sent to HKG, and the I-130 will be stopped / put on hold. Recently it's been about 1 to 2 weeks for a K-1/K-3 once it's arrived at NVC, until it is shipped out to a consulate, unless another RFE is issued at the NVC (rare). The 'shipping time' to HKG will be less than a week, figure another 3 to 4 weeks until the P3 is sent out. The shipping time to GUZ will be 2 to 3 months, but since it's an I-130, there is no P3 to be 'handled' in China - it's part of the NVC processing with the I-864 and the DS series o forms, done with the NVC, stateside. You can reduce the amount of time it takes to get the paperwork handled for the I-130 whilst it's at NVC if you study and use James' Shortcuts - see http://www.visajourney.com/wiki/index.php/...'s_Shortcut

 

Remember - if she does the K-3 - you'll still have to go through AOS once she comes to the USA. BUT - IF she does K-3 in HKG and then LATER the I-130 in GUZ, then there is no AOS for her, once she is stateside. If you keep the I-130 in play, with the I-130 and the K-3 running in parallel - then -

 

IT IS POSSIBLE that she interview in HKG for the K3, can leave china, come to USA and be with you, AND, at a later date, the I-130 interview occur in GUZ; she returns to GUZ for the interview (hopefully returning FROM the USA).

 

I pray you are not frantic now, and also pray that you keep a good overview of 'what goes where' with these 2 petitions.

 

Warmest Regards..

Edited January 4, 2009 by Darnell (see edit history)

[Randy W]

UNLESS YOU CLEARLY INDICATE WITH YOUR FIRST SUBMISSION to not stop the I-130, the K-3 will be 'automatically processed' at NVC, AND the I-130 'put on hold'.

 

Your position of 'I will get a CR-1, correct?' has nothing to do with how long you've been married, at this stage, because you also filed a K-3 with adjudication to be done at HKG embassy.

 

If you were following your I-130 (granting CR-1 or IR-1) then it is adjudicated at GUZ. The K-3 is handled at HKG.

 

So I must ask you, what do you want? Which do you want? If you want both, you'll need to keep the I-130 in play. Make the phone call, tell them what you want. Keep in mind, if you keep the I-130 in play, YOU have more paperwork processing to do, stateside.

 

RE: 2 year window. CR-1 is for less than 2 years, granted with successful interview on I-130 petition at GUZ, OR is the result after successful AOS in USA.

IR-1 is for more than 2 years, granted with successful interview on I-130 petition at GUZ, OR is the result after successful AOS in USA.

 

 

. . .

 

 

RE: What determines 'which petition' leaves first from NVC -

Unless you tell them, the K-3 will be sent to HKG, and the I-130 will be stopped / put on hold.

 

In order to have the I-130 petition forwarded to GUZ, he will need to file an I-824. The I-129F (for K-3) is forwarded to Hong Kong, where you were married.

 

The 2 year anniversary determines whether she will get the 2-year conditional green card, or the 10 year unconditional green card, at the time her status is adjusted to LPR. It has no effect on the visa (other than changing the name from CR-1 to IR-1 - which incidentally they don't change the visa itself). This is determined at the POE.

[Sebastian]

Hiya Randy - Is also possible to not have to file the I-824, if the petition just hit the NVC. But, ya gotta call, and ask.

[Randy W]

Hiya Randy - Is also possible to not have to file the I-824, if the petition just hit the NVC. But, ya gotta call, and ask.

 

Yes - DavidZ has brought up that possibility. But I heard somewhere (maybe USCIS) that you can't file an I-129F once the I-130 is approved.

 

Has VJ seen this actually happen?

[Sebastian]

Sorry Randy, I mostly don't pay attention to David's posts about stuff. I've read his FAQs, but don't pay attention to his posts.

[Randy W]

Sorry Randy, I mostly don't pay attention to David's posts about stuff. I've read his FAQs, but don't pay attention to his posts.

 

 

But has anyone on VJ actually done what you are suggesting?

 

That is, to file an I-129F after the I-130 has been approved and sent to the NVC?

[Sebastian]

Sorry Randy, I mostly don't pay attention to David's posts about stuff. I've read his FAQs, but don't pay attention to his posts.

 

 

But has anyone on VJ actually done what you are suggesting?

 

That is, to file an I-129F after the I-130 has been approved and sent to the NVC?

 

I suggested that? To File an I-129F after an I-130 was approved and sent to the NVC ? Really? Sorry, let me re-read what I wrote, as I can't remember having 'what I wrote' distillable into 'what you wrote'.

 

OK - I've re-read everything in this post.

 

Remember, the OP has BOTH petitions approved recently, and BOTH are being sent off to the NVC. My post back to the OP covered this 'dual' situation. I must ask you, Randy - wtf are you asking me?

Edited January 4, 2009 by Darnell (see edit history)

[Randy W]

Sorry Randy, I mostly don't pay attention to David's posts about stuff. I've read his FAQs, but don't pay attention to his posts.

 

 

But has anyone on VJ actually done what you are suggesting?

 

That is, to file an I-129F after the I-130 has been approved and sent to the NVC?

 

I suggested that? To File an I-129F after an I-130 was approved and sent to the NVC ? Really? Sorry, let me re-read what I wrote, as I can't remember having 'what I wrote' distilled into 'what you wrote'.

 

OK - I've re-read everything in this post.

 

Remember, the OP has BOTH petitions approved recently, and BOTH are being sent off to the NVC. My post back to the OP covered this 'dual' situation. I must ask you, Randy - wtf are you asking me?

 

 

OK, then. My understanding is that the USCIS would NOT do this. That is, that the I-129F (once filed) would be approved and sent to NVC, while the I-130 would be held back (by the USCIS, triggered by the filing of the I-129F) for later processing in the US.

 

Has anyone on VJ actually done this? No, the OP didn't do this - "If".

Edited January 4, 2009 by Randy W (see edit history)

[david_dawei]

I think the question we need an answer to is:

 

Is the I-824 still required to move the I-130 along (assuming the I-129F was filed timely)?

 

I've heard so many changes, I have not kept up on what is the current practice.

[Guest jin979]

it seemed last year both progess if usc ask for that then interview was cr-1 .

[Randy W]

it seemed last year both progess if usc ask for that then interview was cr-1 .

 

 

At one point, they required the I-824 before they would forward the I-130 to NVC. That may no longer be the case.

[BrokenHeart]

Then I think I will stick to process the K-3 and interview in HK. I need the wife over here badly.

[david_dawei]

Then I think I will stick to process the K-3 and interview in HK. I need the wife over here badly.

Going HK is smarter anyways for a few reasons... so no argument with sticking with the K3.

 

Curious about your timeline;

1. why the delay 9 months to file the I-130 after married?

2. why the delay 3 months to file the I-139F after getting I-130 NOA1?

3. You do not appear to have filed the I-824... so that may be the answer to my previous thought on this form.

4. You are awaiting the white slip reason from USCIS.. very good... somehow, you need to address that in this newer filing which has already occurred. So should think about it once you know the reason. If your comfortable, post the reason once you get it, or at least PM me.