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  • I-130

    I married my U.S. citizen husband in 1997 in the United States where I had lived for 6 years on a green card. I returned to Canada in 2000 to care for my mother. My green card was valid until 2004. After mom died in Jan. 2002 I checked with immigration at the borderabout returning with my possessions. Since I had been out of the country over a year, they revoked my green card.
    Hubby could not find work in Canada and is now living and working in the U.S. while he waits for I-130 processing for me.
    Receipt date was March 2002 and according to the processing schedule they are only up to June 2001.
    We are both in our 50s and this separation is killing us emotionally and financially.
    Any suggestions??

  • #2
    I married my U.S. citizen husband in 1997 in the United States where I had lived for 6 years on a green card. I returned to Canada in 2000 to care for my mother. My green card was valid until 2004. After mom died in Jan. 2002 I checked with immigration at the borderabout returning with my possessions. Since I had been out of the country over a year, they revoked my green card.
    Hubby could not find work in Canada and is now living and working in the U.S. while he waits for I-130 processing for me.
    Receipt date was March 2002 and according to the processing schedule they are only up to June 2001.
    We are both in our 50s and this separation is killing us emotionally and financially.
    Any suggestions??

    Comment


    • #3
      The I-130 process is killing us slowly as well. Regards from another immigrant suffering couple!

      Comment


      • #4
        I am sorry to hear your situation. Processing time for spouses of USC is Mid, 2002 at all Service Centers. You husband should check with the Immigration about status of your petition asap.
        Good luck.

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        • #5
          If processing time is Mid 2002, why does table show June 2001 at Texas Center

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          • #6
            I have checked again and found that processing time for IR of USC at Texas Service Center is showing as June, 2001 whereas for other Service Centers it is mid 2002. I would suggest that you should call Texas Service Center at (214) 962-5443 and enquire about your petition.
            Good luck.

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            • #7
              With processing time for I-130 at Texas being June 2001 do you think I could make any better progress by filing an I-129F as the first step towards a K3?

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              • #8
                Actually No.

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                • #9
                  You are already married and your husband can not file for fiance visa for you.
                  You are still eligible for K3 Visa and here is the procedure:

                  Who is Eligible?
                  A person may receive a K-3 visa if that person:

                  has concluded a valid marriage with a citizen of the United States;
                  has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
                  seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
                  has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse,
                  A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

                  How Do I Apply?
                  So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file Form I-130 on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen's place of residence. The citizen petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130 has been received by the INS. The citizen should then file a copy of this I-797, along with a Form I-129F on behalf of the alien spouse and any children, to the following address:

                  U.S. Immigration and Naturalization Service
                  P.O. Box 7218
                  Chicago, IL 60680-7218
                  Petitioners should be careful to follow all instructions on each form and provide the Service with all necessary documentation. Following adjudication of the Form I-129F, the petition will be forwarded to the applicable consulate so that the alien beneficiary or beneficiaries may apply to the Department of State for nonimmigrant K-3/K-4 visas.

                  Good luck

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