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OK, you did it, you married the love of your life in some far away land and now you plan to spend your life together in the good ole' United States. Before your spouse can hop on a plane and come the the USA, however, there is one "small" thing he/she needs first and that would be a visa. What follows will be a running "diary" of the process as I go through it that illustrates what I have learned about the process. It is designed only to give you an idea of what I went through, to share what I discovered, to illustrate mistakes that I made, etc. I will continue to update this page as we go through the process. This stuff is extremely complicated and hard for non-beauracrats like myself to understand. My goal here is to try to present the information in English rather than government-speak to make it easier to understand.
You should not rely solely on what is written here because every case is different and the government is constantly changing immigration forms and procedures. The information presented here is entirely geared toward bringing your SPOUSE to the USA AFTER YOU HAVE MARRIED. I don't know anything about the process for children, mothers, uncles, etc. so none of this information should be applied to those cases. I also don't know anything about bringing your fiance to the USA to get married here. (K1 visa process)
What is a visa? - A visa is simply a document, issued by the government, that allows someone to travel to the United States.
Immigrant versus non-immigrant visas -For marraige there are basically 4 different visas. Immigrant visas allow the holder to work immediately when they reach the United States and stay indefinately. Those entering on non-immigrant visas are prohibited from working and must file for "adjustment of status" (AOS) after entering the United States and will eventually have to leave if they do not adjust their status.
| Visa Type |
Purpose |
| K1 |
This is a non-immigrant visa that is used to bring your fiance to the USA in order to get married. |
| K3 |
This is a non-immigrant visa that is used to bring your spouse to the USA after you have married in a foreign country |
| CR1 |
This visa is an immigrant visa that allows the bearer to enter the USA as a conditional resident. A CR1 is granted if you and your spouse have been married for 2 years or less. |
| IR1 |
This visa is an immigrant visa that allows the bearer to enter the USA as a permanent resident. A IR1 is granted if you and your spouse have been married for 2 years or more. |
Conditional resident (CR1) versus permanent resident (IR1) - If you have been married for less than 2 years your spouse will receive a CR1 visa. With a CR1 your immigration status is conditional meaning that if before your second anniversary the marriage fails the foreign spouse has to leave the country. Within 90 days of the second anniversary of your spouses admission to the USA you have to file an I-751 to adjust status to IR1. If you fail to do this your spouse is no longer a legal resident and has to leave the country. The IR1 has no such provisions but you must be married for 2 years to get one.
A little background on the K3 visa - The K3 visa was invented to lessen the amount of time that families were seperated after they were married. The idea was that you filed for an immigrant visa (CR1 or IR1) and while that process was pending you also filed for a K3. When your K3 visa was approved your spouse could come the USA and be with you as a "non-immigrant" until their immigrant visa (IR1/CR1) was approved. Once your IR1/CR1 was approved you did an "adjustment of status" (AOS) and your spouse was now a legal permanent/conditional resident (LPR/LCR) in the United States. In July of 2007, however, the US Citizenship and Immagration Services (USCIS) changed the filing process and increased fees which resulted in a deludge of applications before the fee increase. As a result the K3 process has slowed dramatically and it takes almost as long to get a K3 as it does a CR1/IR1 in many cases.
The process for filing for a K3 visa - The first form that you need to file is affectionately known as the I-130 or petition for alien relative. This is the application for a CR1/IR1 visa. At the same time you file the I-130 you can also file an I-129F (Petition for an Alien Fiance) for a K3 visa. If you file for a K3 visa your application for the IR1/CR1 now remains at the service center until your K3 is granted, your spouse comes to the USA, and you file for an AOS. Here's the rub, if you go this route the AOS now costs $1,010. To add insult to injury the K3 takes almost as long to get as the IR1/CR1 visa (longer in some cases) so you are paying more money, filling out more forms, and adding more steps to the process (where things can go wrong) for virtually no benefit and a lot more hassle. As an added "bonus" your spouse can't work with a K3 visa either. All things considered this option was starting to look pretty bad.
K-3 Update (2/1/2008) - Numerous sources are now reporting that filing for a K3 visa is a complete waste of time as they are no longer being being issued under the new fee structure. In fact, it actually slows the process down since they wait to "pair up" your applications in the system. Once they both reach the same point in the process your I-129F (K3 application) is cancelled and the I-130 proceeds on. The wait to pair the applications up actually slows down the process so it would seem you are better off not to even file for a K-3. To add to the confusion there has been no official announcement of this policy from USCIS. This is, however, what their operators have told numerous people and judging by what people are saying on various message boards it does indeed appear to be their new "policy".
How The K3 Process Works....
File I-130 to USCIS service center servicing your state
File I-129F to same service center
I-129F is approved and sent to National Visa Center (NVC)
I-130F is approved and held at USCIS service center
NVC forwards information to embassy for I-129F
Spouse has interview at foreign embassy
K3 granted and spouse enters the USA as a non-immigrant
Pay $1,010 to file to adjust status and complete I-130 processing
Spouse now a conditional or permanent resident
How The IR-1/CR-1 Process Works....
File I-130 to USCIS service center servicing your state
I-130F is approved and information forwarded to National Visa Center(NVC)
NVC forwards information to embassy for I-130
Spouse has interview at foreign embassy
IR-1/CR-1 granted and spouse enters the USA as an immigrant
Spouse now a conditional or permanent resident
Deciding what visa is right for us - After doing a lot of research I found that the K3 process was, on average, only about 10 days faster in Nicaragua than the CR1 process. Some embassies, however, have extremely long waits for CR-1 visas so a K3 is still the preferable option for them. By filing only for a CR-1 and not the K3 my wife will be able to enter the USA with immigrant status, she will be able to work immediately, we don't have to adjust status saving us $1010, we don't have to file about a dozen forms related to the I-129F, and the whole process is a lot simpler. The CR-1 definately seemed to be the better choice for us. I'll let you know how it works out...
Assembling the I-130 Application - If you love spending your days reading confusing language and trying to figure out what some beauracrat is going to find acceptable this is the document for you. The application itself is fairly simple and is only 2 pages long. The additional data that you have to submit is quite extensive and can be very time consuming to assemble. When I was finally done putting this thing together my "2 page document" weighed 1 1/2 pounds (no joke) with all of the supporting documents.
Our Completed I-130
What I included in our I-130 application....
A cover letter explaining what I was filing all this crap for
A check for $355
The I-130 application
Continuation pages for information that won't fit in the spaces provided on the I-130
A G-325A (biographic information) for me
A G-325A (biographic information) for my wife
Continuation pages for information that won't fit in the spaces provided on the G-325A
A passport-type photo of you and one of your spouse
A copy of my birth certificate (both sides)
A copy of your marriage certificate
A translation of all documents in a foreign langauge
A certification that the translator is compotent to translate the documents
Copies of wedding photos
Copies of phone bills showing that we call each other every day
Western Union receipts showing money that I've sent to my wife
Information on our joint bank account
Evidence that my wife is the beneficiary for my life insurance policy
An affadavit from my aunt stating that she has knowledge of our marriage
Everything must be done meticulously since if you make even a tiny mistake your application will be rejected. There are rules for how you must do everything so attention to detail is of the utmost importance. Documents, for example, should not be stapled together. The entire document should be 2-hole punched at the top and held together using ACCO fasteners. (Since I had never even heard of ACCO fasteners I had to do a search on the internet to find out what they were) I also put stick on tabs to indicate where each document was located in the stack of papers. According to the USICS website these need to be on the bottom of the pages and not on the sides.
ACCO Fasteners
Random tips on filling out the forms -
NEVER, NEVER LIE ON AN IMMIGRATION FORM! No matter how trivial you think something is put it on the application. The penalties for giving false information or willfully omitting data are SEVERE. There are large fines, possible jail time, and worst of all your loved one may receive a LIFETIME BAN from ever immigrating to the United States. It's simply not worth the risk to lie.
Your packet should contain a cover letter that clearly identifies what you are sending and what you are applying for. Don't assume because you are sending in a certain form the government will know what you are applying for. The I-129F, for example, is used for both a K1 and a K3 visa. You need to clearly state which one you are applying for. If a beauracrat has to figure things out on their own you are inviting problems.
If the data you need to enter won't fit on the form use a continuation sheet. On the continuation sheet indicate what question you are answering and sign and date each sheet.
If addresses are in foreign languages do not translate them. Certain documents will be sent to your relative so the address must be one that the local mail service can deliver to.
When submitting an I-130 you must submit proof that you are married above and beyond a marriage certificate. Some of the things they list as acceptable proof are joint bank accounts, joint ownership of property, etc. This evidence needs to show that there is an "ongoing" relationship. Some simple things that you can include are photos from your wedding, phone records, receipts for money transfers, travel documents for visits to your spouses country, etc.
Translating documents - You can translate your own documents if you are compotent in your spouses language. The USICS says on their website that this is an acceptable letter for certifying the translation...
Certification by Translator
I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.
Signature_________________________________
Date Typed Name
Address
Copies verus original documents - The USICS webite says that copies of documents are acceptable except where originals are specifically asked for. In the case of the I-130 originals are never asked for so I submitted copies of everything. From what I understand when your spouse has their interview at the embassy original documents are required at that time.
Acceptable "Official" Documents - Make sure you research what the local embassy you are going to be dealing with considers an "official" document. The embassy in Managua, for example, requires your marriage license to come from the Managua Central Registry. The one I had was from the Mayor's office in Acoyapa so it wouldn't have been acceptable. It took my wife 3 days with trips to about 8 different offices in Managua to get an "official" marriage license so don't put off getting these types of things done. It also cost about $20 in "special" fees (if you know what I mean) to get all the stamps and signatures that were required. Every stamp you see on the documents below came from a different office and required another "fee".
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Make 2 copies of your final packet - Once you have completed your final packet and everything is signed make 2 exact copies of the packet including the check. You want to have a record of exactly what you filed in case you receive a request for evidence (RFE). The last thing you want to do is have to try and remember what you sent trying to replicate what you've already done.
Sending in your application - Send your application via the USPS with return receipt requested and delivery confirmation. The last thing you need to be worrying about is whether they received your application or not. You also want to have proof that you filed in case something bad happens like they lose your application. If you have evidence that you submitted it and they screwed up you then have recourse for priority processing if you have to refile.
Payment - Pay by check if you can. If you can't pay by check use a money order that you can track when it's cashed. Having a cancelled check or evidence of a cashed money order provides another safety net in case anything goes wrong.
Photos - Your biographic information sheet must be accompanied by a passport photo of you and one of your spouse. These should be placed in a clear plastic bag and attached to a blank sheet of paper. Each photo should be labeled on the back using a felt tip pen with the name of the person in the photo. The government is very picky about photos and they have strict guidelines. Click Here For Photo Guidelines.
Direct consular filing or DCF - The fastest way to get a visa is to apply directly to the foreign embassy rather than doing it through the service centers in the USA. Individual embassies used to be able to do this process for anyone if they wanted to. It was up to the individual embassy whether they wanted to provide this service or not. Some embassies did, some didn't. Unfortunately, the Adam Walsh Act put an end to that process. The only way you can do a DCF now is if you have been a resident of the foreign country where you are submitting the application for at least 6 continuous months. You need to show evidence that you are a legal resident in the foreign country so this option is only available now to a limited amount of people.
Frequently used abbreviations:
AOS - Adjustment Of Status
CR - Conditional Resident
DCF - Direct Consular Filing
IR - Immigrant Resident
IV - Immigrant Visa
NOA - Notice Of Action
NVC - National Visa Center
RFE - Request For Evidence
UCICS - United States Citizenship & Immigration Services
Useful Links:
Visa Journey - Great Resource With Lot's Of Info
US Embassy In Nicaragua's Website
US Citizenship & Immigration Services (USCIS)
US State Department Immigration Information
Immigration Information From The Department Of Homeland Security
Adjudicator's Field Manual - This Is The Rule Book Used To Judge Your Case
2007 Ombudsman's Report To Congress - Read How Screwed Up USCIS Really Is!!
Useful Links While You Wait:
Has My Application Been Processed Yet?
Current Processing Dates For The Various Service Centers
Check Your Case Status
Notes -
02/03/2008 - My $355 check for the I-130 application finally cleared the bank yesterday so I can view the cancelled check online. On the back of the check they print your case number. The number starts with EAC if you are dealing with the Vermont Service Center (VSC) or WAC if you are dealing with the California Service Center (CSC). In a tribute to government ineptitude when I try to view my case on-line it tells me it's an invalid case number. From reading other websites it seems it takes a couple weeks for them to update the data so it's viewable on-line. How, in the year 2008, the government can't link their computer systems together is beyond me. I write these computer systems for a living and can tell you that with the technology currently available this isn't that difficult to do. It's extremely frustrating to deal with a system that is so pathetically out of date.
02/09/2008 - Planning ahead saves time in the long run. After you file your I-130 or I-129F you need to start researching what documents you are going to need in the future. You want to start working on this as soon as possible for a number of reasons. First, it can take a long time to get documents. Second, many documents need to be signed by both you and your spouse. Finally, some documents require trips to multiple agencies in your spouses country to get. I have the luxuary of travelling to Nicaragua every month so I've been taking documents there to have my wife sign so they are ready when we need them. The last thing I want to do is have her mailing me documents from Nicaragua when we need them because the chances of me seeing them in my lifetime are slim to none given the horrible reputation of Correos Nicaragua. Some things you may need include tax transcripts from the IRS for your last 3 years tax returns (takes about a month to get them), a notarized copy of your spouses passport from the embassy in your spouses country, certified copies of your spouses birth certificate and your marriage license from specific agencies, police reports for your spouse everywhere they've lived since they were 16 years old, etc. Having everything filled out and ready to go when you need it not only saves time it greatly reduces your stress level.
08/14/2008 - Case transferred to California Service Center (CSC). I haven't updated this page for a long time because, well, absolutely nothing has happened to our application in the past 6 months. The Vermont Service Center (VSC) has only been approving a handful of applications per month so as a result they are woefully behind where the CSC is as far as processing dates go. Because they are so far behind they apparently have now shipped a boatload of applications to the CSC to process. Hopefully we're now at the head of the line since the wait has been ridiculous. It's now been 9 months since I sent off the application with no end to the process in sight.
09/18/2008 - Senator Spector's office files Congressional inquiry. Having waited for 10 months I finally got fed up with the USCIS and unleashed my aunt on Senator Spector's office. You have to know my aunt to understand what I mean when I say "unleashed" but let's put it this way. She can be extremely persuasive. At first, they were less than helpful spouting the standard nonsense that it could take a year or more for approval and I just needed to wait. When my aunt threatened to fly to DC (her daughter is a commercial pilot so she can fly anywhere for free), track down Senator Spector in person, and inform him that his staff was a bunch of lazy incompetents that weren't doing their jobs they miraculously decided that they could indeed file an inquiry on my behalf.
09/19/2008 - Application approved. I'm sure it was just a "coincidence" (LOL) but 1 day after Spector's office filed an official inquiry into our case it was approved.
10/10/2008 - NVC (National Visa Center) process begins. Now that the USCIS has approved our case it gets forwarded to the National Visa Center (NVC) in Portsmouth, NH. The NVC has an automated voice system (AVR) that you can call to find out when they received your case. The only problem with their system is that it doesn't work. You have to call, wade through a myriad of options, and finally enter your receipt number from the USCIS only to be told that they have no record of your case. As of 10/10/2008 they still have "no record" of our case even though I received a package from them a week ago stating that they have it.
With that in mind, forget about relying on the voice system to learn about the status of your case. You need to talk to a live operator to get any information. Before they will give you any info, however, you have to have your case number from the NVC and they won't give that out over the phone. You have to wait for the letter they send you to get the number. I was in Atlanta (I live in Pittsburgh) on business when the NVC mailed the letter to my house so it was impossible for me to know what our case number was. Since the operator wouldn't give it to me I called Senator Spector's office and they got it for me a few hours later. I then called the NVC again to get my invoice identification number (IIN) so I could pay the $70 affidavit of support (AOS) fee and guess what? They wouldn't give me that number either. I ended up having to wait until I got home from Atlanta so I could get the number off the letter they sent me. Can you make it any more difficult for someone to send you money?
10/11/2008 - NVC process. Since our case is now at the NVC I thought I would take a minute to explain how this goofy process works. Basically, once the NVC notifies you that your case has been received it splits into 2 seperate tracks that run parallel to each other. There is the I-864 track for proving that you have the financial ability to support the immigrant and the DS-3032/DS-230 track to prove the immigrant isn't Osama Bin Laden.
10/20/2008 - A note on e-mailing the NVC or using their "automated" voice system. As of this writing the NVC automated voice system still says they have no record of our case even though I've now received 3 seperate letters from them about our case via snail mail. If I talk to a live operator they can tell me the status of our case with no problem. The lesson is, don't expect the automated voice system to accurately reflect the status of your case.
I wanted to note that in the NVC DS-3032 process below I indicate that you can send the agent of choice letter (DS-3032) to the NVC via e-mail. Well folks, I can now tell you that's the slowest way of doing things. I received an e-mail today from the NVC that they had finally read the e-mail. (17 days after I initially sent it) In fact, by the time they got around to reading the e-mail I had already completed the process via regular mail. In addition to e-mailing the form I also sent it via regular mail and it was processed 3 days later. Based on my case, sending the form by regular mail appears to about 2 weeks faster than relying on e-mail.
I-864 Track
Step 1 - NVC notifies you in writing that your application has been received. The 2 important pieces of information on this notice are your NVC case number and your invoice identification number. (IIN) You need both of those before you can pay any fees online or get any information out of a live operator.
Step 2 - Pay $70 AOS fee online at the NVC website. (The only method of payment they accept is an online check drawn on a US bank.)
Step 3 - Once the status of your payment has changed to "PAID" you can then print out a barcoded cover sheet from their website and submit your I-864 affidavit of support.
Step 4 - NVC reviews AOS and either approves it or requests more information.
DS-3032/DS-230 Track
Step 1 - The NVC sends a letter to the immigrant asking them to name an agent of choice. Since the odds of a letter sent from the United States arriving at it's intended location in Nicaragua in this millenium are about the same as the Pirates odds of winning the World Series the NVC allows the intending immigrant to name an agent of choice via e-mail. Naming an agent of choice (in our case, me) simply tells the NVC to send all further correspondence regarding this track to the agent of choice instead of the immigrant. To do this via email you need to send an email to NVCINQUIRY@state.gov. The subject must include the intending immigrants full name and date of birth plus your NVC case number. In the body of the email you need to tell the NVC who you wish to make your agent of choice. (Usually, the spouse) The information you need to include is the information on the DS-3032 form. Note: e-mailing the NVC is the slowest method of submitting the DS-3032. See notes above from 10/20/2008.
Step 2 - NVC enters DS-3032 information into the system.
Step 3 - NVC generates Immigrant Visa (IV) invoice. Once the IV bill is generated you can pay the $400 IV fee online at the NVC website. (The only method of payment they accept is an online check drawn on a US bank.)
Step 3 - Once the status of your payment has changed to "PAID" you can then print out a barcoded cover sheet from their website and submit your DS-230 package.
Step 4 - NVC reviews DS-230 and either approves it or requests more information.
Both tracks complete. Once both tracks have been completed the visa application is then forwarded to the embassy for more fun. I'll add more info when we get to that process.
Here's what I included with our I-864 affidavit of support package:
Bar-coded cover sheet generated from NVC website
A cover letter explaining what all this crap was for
Completed and signed form I-864
Copy of complete 2007 federal tax return with W2's
IRS tax transcripts of 2006 federal tax return
IRS tax transcripts of 2005 federal tax return
A letter from my employer stating my position, annual salary, and length of employment
Copies of pay stubs for 2008
Potential "gotchas" on form I-864:
The form must be filled out in ALL CAPITAL LETTERS. Why? I have no idea but it clearly states it in the instructions.
On the top right hand corner of each page the petitoner must write (not type) their full name, social security number, and the words "Form I-864".
Do not leave any answers blank. If they don't apply to you put N/A in the space provided.
On line 30 you must print your name. If you type your name in this space your application will be rejected.
Remember to sign and date the form. This is one of the most common things people forget to do.
Here's what I included with the DS-230 package:
Bar-coded cover sheet
A cover letter explaining what all this crap was forv
2 Passport-sized photographs of my wife
Completed and signed form DS-230, Part 1, by my wife
Completed and unsigned form DS-230, Part 2
Photocopy of the biographic data page of my wifes passport
Original certified birth certificate of my wife
Original certified marriage certificate
Original police certificates from Acoyapa and Managua, Nicaragua stating my wife isn't a criminal
Photocopies of all the documents in the package. Yes, they make you send a copy of everything because I guess the $400 fee they charge isn't enough to pay for their own copy machine.
Potential "gotchas" on form DS-230:
Do NOT sign part 2 and send it to the NVC. The intending immigrant must sign this form at the embassy in the presence of a beauracrat.
Make sure, however, that the intending immigrant signs and dates Part 1
Do not leave any answers blank. If they don't apply to you put N/A in the space provided.
Don't forget to included photocopies of all your original documents.
Timeline - I created a timeline to track the progress of our visa application. This should give you an idea of how long the various steps in the process take.
Our CR-1 Visa Timeline
|
| Event |
Date |
| Service Center : |
Vermont Service Center |
| Consulate : |
Managua, Nicaragua |
| Marriage : |
2007-10-06 |
| I-130 Sent : |
2007-12-03 |
| I-130 Received At Chicago Lockbox : |
2007-12-08 |
| I-130 Check Cashed : |
2008-02-01 |
| I-130 NOA1 : |
2008-02-04 |
| I-130 Transferred To CSC : |
2008-08-13 |
| Congressional Inquiry Filed : |
2008-09-18 |
| I-130 Approved : |
2008-09-19 |
| NVC Received : |
2008-10-02 |
| Received DS-3032 / I-864 Bill : |
2008-10-09 |
| Pay I-864 Bill |
2008-10-09 |
| Receive I-864 Package : |
2008-10-10 |
| Return Completed I-864 : |
2008-10-11 |
| I-864 Package Rcvd By NVC : |
2008-10-14 |
| Return Completed DS-3032 : |
2008-10-03 |
| Receive IV Bill : |
2008-10-16 |
| Pay IV Bill : |
2008-10-16 |
| Submit IV Package : |
2008-10-17 |
| IV Package Rcvd By NVC : |
2008-10-20 |
| Case Completed at NVC : |
2008-10-24 |
| NVC Left Via DHL (9480167476): |
2008-10-27 |
| Consulate Received : |
2008-10-29 |
| Packet 4 Received : |
2008-11-5 |
| Interview Date : |
2008-11-7 |
| Visa Received : |
2008-11-18 |
| US Entry : |
2008-12-31 |
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