k-3 or ir-1?

[turnerjord]

Hello there,

I have been married to a U.S citizen for 4 years. I am Australian. We were married in the UK, and lived mostly there together. We left the UK approximately 1 year ago and have since been travelling with no fixed address, no taxes paid, etc.. We have decided to move to the U.S.

I think it's important to note that I will be moving around quite alot for the rest of the year. Spain august, indonesia september, india october november, indonesia december.

I was preparing to send in I-130 application, followed by K-3 application. But just now I have been seeing new information suggesting that k-3 is 'redundant', and that IR-1 is more appropriate.

My husband and I wish to be apart for the shortest time possible. He will return to the states in December.

From my research, the k-3 visa should take roughly 5 months, and the Ir-1 6-12 months roughly. Is this correct?

I have a few more queries;

1) if i intend to send in k3 application once USCIS receives my application, can i use the web based receipt in my application of K-3? Or do i need to wait for a mailed receipt. (This could be a problem due to my varied schedule).
2) If i apply for k3; is there a way around having to have my interview in the country where the marriage took place? I will be nowhere near the UK. . .
3) We have been informed that we will need to file for I-130 through mailing the Chicago Lockbox as we have no fixed address. Will we be able to maintain all our coorespondence through Chicago lockbox, even though our address will change a few times?

any other information that you may think helpful in this case is greatly appreciated. i have been researching this for days and can't find anyone in the same situation.

Thanks and best regards ! Jordan

[rayb]

Jordan,

From your questions, it seems that you have been given a plethora of mixed or inaccurate information.

1. You need a U.S. address as a base/domicile and destination to apply for a visa.
2. Forget about the K3 visa. Once you have the receipt for the I-130 submittal, you can submit the K3 I-129F, but your I-130 processing will be given priority.
3. Completion of the I-130 process to get an IR-1 visa takes 10-12 months.
4. The Chicago or Arizona Dropbox address (depending on your state of U.S. address) for submitting your I-130 is not where your I-130 will be processed during review. It will be transferred to one of the Service Centers, and that could be California, Vermont, Nebraska or Potomac.
5. Your Consulate interview will have to be at location where you have legal residency, a work visa or citizenship.

--Ray B

Hello there,

I have been married to a U.S citizen for 4 years. I am Australian. We were married in the UK, and lived mostly there together. We left the UK approximately 1 year ago and have since been travelling with no fixed address, no taxes paid, etc.. We have decided to move to the U.S.

I think it's important to note that I will be moving around quite alot for the rest of the year. Spain august, indonesia september, india october november, indonesia december.

I was preparing to send in I-130 application, followed by K-3 application. But just now I have been seeing new information suggesting that k-3 is 'redundant', and that IR-1 is more appropriate.

My husband and I wish to be apart for the shortest time possible. He will return to the states in December.

From my research, the k-3 visa should take roughly 5 months, and the Ir-1 6-12 months roughly. Is this correct?

I have a few more queries;

1) if i intend to send in k3 application once USCIS receives my application, can i use the web based receipt in my application of K-3? Or do i need to wait for a mailed receipt. (This could be a problem due to my varied schedule).
2) If i apply for k3; is there a way around having to have my interview in the country where the marriage took place? I will be nowhere near the UK. . .
3) We have been informed that we will need to file for I-130 through mailing the Chicago Lockbox as we have no fixed address. Will we be able to maintain all our coorespondence through Chicago lockbox, even though our address will change a few times?

any other information that you may think helpful in this case is greatly appreciated. i have been researching this for days and can't find anyone in the same situation.

Thanks and best regards ! Jordan