Help! Clueless as to which route to take to petition for wife

[maisflocon]

Hi all,

 

I am new to this forum and very excited to find such a vibrant place. I recently became a US citizen and right now I am trying to petition for my wife to come over. My wife and I got married at my country of origin a few years ago. She is from China. Right now we both have Canadian permanent residence status. I did this so we can be close to each other while I try to get her to the US.

 

 

 

1) I learned that there is a K3 route and a DCF route? I am really confused with which route to take? Could you help?

 

I have heard from some that going K3 is not advisable. Others have told me that we cannot go the DCF route because we would have to be in Canada for six months to do that (we have only been here for a month).

 

2) Also, is there a link that lists step by step all the documents I need to prepare to every step of the way?

3) What documents do I need to bring with me to the Consulate?

4) What else do I need to file besides I-130?

5) I called around for lawyers and they are charging $4500+, is the process so complex it requires such high fee?

 

Thank you so much. I am really desperate to bring my wife to the states as everything has been put on hold for the last four years for us.

[Guest jin979]

welcome to cfl

 

here is a good place to begin

 

http://www.candleforlove.com/FAQ/Timelines/Ne...Index_New2.html

[dnoblett]

K-3 route requires you to file I-130 to Chicago, and the I-129F to USCIS center that will be processing the I-130.

 

DCF is filing the I-130 to the consulate in Canada. DCF results is a CR-1 or IR-1 visa which then results in a green-card at entry to the USA.

 

DCF is by and far the quickest, least expensive, and least hasel when it comes to USCIS (NO Adjustment of status like K-3).

 

Only catch, I am not sure if CR-1/IR-1 interview from a DCF needs to happen in country of citizenship (China) or country of residence (Canada). K-3 tends to be country of marriage or residence (Canada or China)

[Richard & Li]

Welcome to CFL.

 

Our situation was not as complex as yours. However, I also initially considered hiring a lawyer. I was fortunate to discover that Lutheran Social Services provides help and advice to people wanting to bring their families to America (for a very small fee, I paid $150).

 

It was money very well spent. The man who helped us had nearly 20 years experience and provided an excellent service.

 

Best wishes!

[Sebastian]

DCF'd filed I-130's are for USC's who physically live in another country and marry in that country.

 

an I-130 is a petition for a relative, in this case, your wife. USUALLY an I-130 is adjudicated in HER native country, in this case, China, with the consulate in Guangzhou.

 

A K-3 visa is a stop-gap, really, for those married petitioners (like yourself) who want to get her here sooner. Usually the K-3 is adjudicated by the US Consulate/Embassy IN the country WHERE you got married, but is possible to shift this to another country, IF you fill out the paperwork properly and IF she has some status in that country (say, for example, a PR card in Canada).

 

So, you must decide on the path, that which is 'doable' vs that which is 'possible'.

 

An I-130 adjudicated in China is 'doable', a K-3 adjudicated in Canada MIGHT BE POSSIBLE. I guess it all depends on how much experimenting you want to do. But - since you have to file an I-130 anyway, to get a K-3 in process, at least you have a back-up plan if the K-3 does become impossible to get in Canada.

 

re: lawyers - they want their money to handle the entire case. What I think you need to do is just get an hours worth of advice. Richard suggested a service, you might want to look into that.

 

re: lists o steps - we have a FAQ section here - train yer eyes up and to the right, click on 'FAQ's' - you'll be jumped to another page with drop-down menus - then pick the faq menu item and go forth.

 

re: what documents do you need to bring with you to the consulate? eh - that depends on which consulate she gets adjudicated in, and which visa type, but MOST of the documents you will be preparing actually make it to the consulate AFTER the NVC process. The ONLY 'big collection' of forms and evidence and paperwork that YOU can file at a consulate, is filed IF and ONLY IF you are doing a DCF - otherwise it's mostly 'mail it in to the lockbox in chicago'.

 

re: what else to file besides the I-130? Well hei - just remember - the I-130 itself is just a form, and you have to file evidence with that form. If you haven't had a moment to read the instructions, please, take that moment.

 

FWIW, I remember when I first joined CFL - I read and read and read, disected the FAQ section, and then worked up a plan. It wasn't something instant, but putting a plan on paper, even handwritten in green crayon, was useful to me. I could map out all the alternatives and possibilities.

 

Good Luck !

Edited January 7, 2009 by Darnell (see edit history)

[maisflocon]

Thank you for the helpful advice!

 

Right now I am unsure of a few things:

 

1) It seems like DCF is the best route to go? I heard that K3 only buys you one month (i.e. you get it a month sooner)

 

2) Can I do DCF in China even though I don't live there?

 

3) Can I do DCF in Canada given that we have only resided here for one month? I read somewhere that you need to reside in a country for six months to qualify for DCF.

[maisflocon]

Welcome to CFL. B)

 

Our situation was not as complex as yours. However, I also initially considered hiring a lawyer. I was fortunate to discover that Lutheran Social Services provides help and advice to people wanting to bring their families to America (for a very small fee, I paid $150).

 

It was money very well spent. The man who helped us had nearly 20 years experience and provided an excellent service.

 

Best wishes!

 

Hi Richard, thanks for the advice. Which branch of Lutheran Social Service did you use? Also, is it possible for me to contact the very person you use? I have come to learn that not everyone is equally good so I would like to get the person that you had very good experience with to help us.

[Sebastian]

re - which route should I take (an addendum) -

 

I flat forgot to mention - wei - DCF and K-3 both require that you send in an I-130. DCF, usually done in person, any other 'type' is mailed in to the lockbox in Chicago.

 

So, focus on your I-130 for now, if you want to go ANY route...

 

Good Luck !

PS - what country you two get married in?

[Sebastian]

Thank you for the helpful advice!

 

Right now I am unsure of a few things:

 

1) It seems like DCF is the best route to go? I heard that K3 only buys you one month (i.e. you get it a month sooner)

 

2) Can I do DCF in China even though I don't live there?

 

3) Can I do DCF in Canada given that we have only resided here for one month? I read somewhere that you need to reside in a country for six months to qualify for DCF.

 

Maybe this is a nomenclature problem? 'DCF' always implies an I-130 that is (D)irectly (F)iled at a ©onsulate, and there is an 'in-country residence' requirement PRIOR to filing via DCF. If you are going to MOVE to Canada, then, yes, this would be the fastest for you.

 

If you're not planning to move to Canada, you can file an I-130 (in USA) with a followup I-129F for a K-3 visa. The GOOD NEWS, is that the 'usual' wait time in processing is reduced, significantly, in the tick of 'NVC sent - Consulate open case file', as it takes 2 to 4 months to go the Consulate in China, and 2 weeks (roughly) to go to the Consulate in Canada.

 

You cannot file a DCF in China unless you 1) live there and 2) meet the required residency duration requirements.

 

Filing a DCF in Canada? I've no idea of the duration requirements on residency - but you could CALL the US Consulate/Embassy in Canada and ASK them. There have been recent loopholes in China, maybe there is similar loophole in Canada - you won't know until you ask via telephone.

 

IF you have no intention of LEAVING CANADA until she has her greencard, then I would suggest you stay in Canada (remember though, you'll have to prove up income and residency in the USA) , file a DCF'd I-130, and forget about the K-3 in it's entirety. Is possible to get the petition approved in 4 to 5 months (from original filing date) whilst you are in Canada.

 

If you were gonna move to the USA (you, not her) anyway, then a K-3 might make more sense, as you have to maintain a residency in the USA. You can still jump across the border and visit with her, but the BIG THING is that the petition will be adjudicated IN Canada, she'll have the interview IN Canada (if you handle the I-129F paperwork properly).

 

IF you do a straight I-130 (No K-3, No DCF) - she'll have to interview in Guangzhou, China.

 

Anyway, that's some further thoughts, after re-digesting what you've written. It's just free advice, I'm not a lawyer, nor do I play one on TV.

 

Good Luck !

Edited January 8, 2009 by Darnell (see edit history)

[maisflocon]

Thank you for the helpful advice!

 

Right now I am unsure of a few things:

 

1) It seems like DCF is the best route to go? I heard that K3 only buys you one month (i.e. you get it a month sooner)

 

2) Can I do DCF in China even though I don't live there?

 

3) Can I do DCF in Canada given that we have only resided here for one month? I read somewhere that you need to reside in a country for six months to qualify for DCF.

 

Maybe this is a nomenclature problem? 'DCF' always implies an I-130 that is (D)irectly (F)iled at a ©onsulate, and there is an 'in-country residence' requirement PRIOR to filing via DCF. If you are going to MOVE to Canada, then, yes, this would be the fastest for you.

 

If you're not planning to move to Canada, you can file an I-130 (in USA) with a followup I-129F for a K-3 visa. The GOOD NEWS, is that the 'usual' wait time in processing is reduced, significantly, in the tick of 'NVC sent - Consulate open case file', as it takes 2 to 4 months to go the Consulate in China, and 2 weeks (roughly) to go to the Consulate in Canada.

 

You cannot file a DCF in China unless you 1) live there and 2) meet the required residency duration requirements.

 

Filing a DCF in Canada? I've no idea of the duration requirements on residency - but you could CALL the US Consulate/Embassy in Canada and ASK them. There have been recent loopholes in China, maybe there is similar loophole in Canada - you won't know until you ask via telephone.

 

IF you have no intention of LEAVING CANADA until she has her greencard, then I would suggest you stay in Canada (remember though, you'll have to prove up income and residency in the USA) , file a DCF'd I-130, and forget about the K-3 in it's entirety. Is possible to get the petition approved in 4 to 5 months (from original filing date) whilst you are in Canada.

 

If you were gonna move to the USA (you, not her) anyway, then a K-3 might make more sense, as you have to maintain a residency in the USA. You can still jump across the border and visit with her, but the BIG THING is that the petition will be adjudicated IN Canada, she'll have the interview IN Canada (if you handle the I-129F paperwork properly).

 

IF you do a straight I-130 (No K-3, No DCF) - she'll have to interview in Guangzhou, China.

 

Anyway, that's some further thoughts, after re-digesting what you've written. It's just free advice, I'm not a lawyer, nor do I play one on TV.

 

Good Luck !

 

Thank you Darnell, you really have cleared up a lot of my confusions on which route to take. It looks like I may not fulfill the residence requirement to file DCF, but I will check with the Consulate here to make sure.

 

I called USCIS yesterday and they said if I just filed a straight I-130 with nothing else, my wife would do her interview in Canada because that's where she resides, does that sound right to you? Or I must file for K-3 in order to do the interview in Canada? The reason why I am hestitant to go K-3 is because it seems to require more work - such as adjustment of status. Will K-3 be that much quicker than just straight I-130 with nothing else?

 

You mentioned that I have to prove income and residency, is that for the I-130 application or interview? Right now I stay in Canada but I also have a place in the US.

 

Thanks again.

Edited January 8, 2009 by maisflocon (see edit history)