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130/129F for SPOUSE (K3 Process) questions ...

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  • 130/129F for SPOUSE (K3 Process) questions ...

    Hey guys ... newbie here ... hope I'm not asking too much ... I've done some research but my questions are still looming ...

    Ok guys - So here's the situation. I'm a USC - I'm working as a physician (in fellowship). My fiancee, who will be my spouse when I apply, is in Delhi, India and is working there.

    I went to an InfoPass appointment in Newark and it was just about a complete waste of my time. I had questions regarding the filing of 130 and 129F together and the officer was initially confused and then seemed to not understand why I was even asking (when in fact the official route is waiting for the NOA before filing the 129F) ... I also asked some questions about the process at the processing center and also abroad ... Anyway - long story short I didn't get answers to these questions from the appointment;


    1) For the 130 and 129F, do I need only provide marriage certificate and other proofs listed on the instructions regarding marriage - or do I ALSO submit photos, communication, etc with those forms? My understanding is that I do not submit those extra things at this time, and I am supposed to wait until my spouse is about to have her interview and then make sure she has all of those 'extra' proofs.

    1a) In the same regard, should i include my employment letter and proof of my financial status at this time or, as above, wait until it is her time to give an interview and supply her with those papers along with an I-134?

    2) Does a prior tourist visa rejection (for the USA) on my spouse's record have any effect on my sponsorship of her as my wife? To my knowledge, these two things are unrelated and there is no connection so long as our marriage is bona fide.

    2a) Also, I had a previous marriage which ended in an annulment - my ex got conditional residence through that marriage which I applied for in 6/05, and she has been out of the country to my knowledge for over 1.5 years) and this is her first marriage - I hope this is not of any concern either.

    I know I have to answer all questions truthfully and I intend to explain the same information on the I-130. I don't remember the exact dates but I've been in NJ all along so when it says "place filed" for previous petitions, I'm not sure what they mean. The interview was in Newark and she got conditional PR at the time (it'll expire in 2 months I think). The 129F also asks if I applied for anyone but I haven't filed that petition before so that should be a simple "no" (it is also asking for the A#, which I don't think the 130 asks for) ... Where could I get the A#, and other info regarding the ex's filing (I don't think I kept anything - bad memories)?

    3) If we use my wife's new MARRIED surname on the I-130, I-129F, and whatever other forms we have to submit, is that okay if her Indian passport has her MAIDEN surname (also wedding card etc)? What do I need to make sure there's no snags due to the name change. We plan to have a marriage certificate proving that her name has changed ... But I want to make sure there will be no problems with the different names when she goes to get her visa at the end and the passport has the maiden name, while the sponsorship papers and her packet 3/4 papers have the new married name ...

    4) This last question is regarding the process in India. Once my wife receives Packet 4 and has to do the medical exam, police certification, etc ... Can my wife start getting this stuff together immediately to save time? My understanding is that this can be done for the police paperwork ... What is the duration of the validity of this police background check - my understanding is that it is one year, so it will easily be still valid when we apply and she has her interview. In other words, she could get working on that immediately since I'll file the petitions within 5-6 weeks.

    Also, similar to the previous question - Is she able to get her medical examination done early by one of the doctors on the list (I found the panel list online on your site)??? Or does she have to wait for the packet 4 in order to have the examination?

    5) Last couple of things - I think when it asks for 'employer' for my fiancee I have to put her foreign employer's address and information (even though, of course, she doesn't have any work/career ties here in the USA). It just seemed like info they don't really need to have but I'll fill it out anyway.

    Also, do we put our marital statuses as MARRIED on all forms because we will be married at the time ... My annulment can be explained via extra letter and official annulment decree ... right?

    I know it's a lot of questions but I just want everything to go smoothly.

    Again - THANKS SO MUCH in advance for any and all advice - I tried to ask all of these questions but the officer was not the most polite and frankly seemed to be in a rush ... He also didn't seem to be very knowledgeable outside of knowing how to fill forms.

  • #2
    k-3 holder

    my husband petition me in 2006 and got here in the U.S. in 2007 i'm here for a year now.As a petitioner,you should file all documents including marriage certificate,proof of employment,ITR,financial support document certificate of nullity of your previous marriage and the other proof of you marriage and relationship like photos you have to take that during the interview.regarding of your wife's name she has to change her maiden name to your name 'coz she's married to you.She will also have to wait for the packet before doing the medical exam or she will only spend money for nothing the US embassy abroad has their own affiliated hospital where all the applicants goes to for examination.Important note please bear in mind,if you are married and the I-129 gets approved first do not let your wife go to her interview wait for the approval notice of I-130 because i she will do so and got a k-3 visa she will only have 2 years to stay and have to Adjust status unlike if she will be granted with a visa through I-130 she will egt a gren card as soon as she gets here and no need to adjust status.You only filed I-129 and I-130 to expedite the coming of your wife here in the US but seriously k3 visa is just similar to k1 there's a lot of hussle.wait for I-130 approval.long wait is worth.goodluck!

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    • #3
      Keep in mind, if you file I-130 and I-129D DONT if its being processed at VSC, they have not approved any in past few months, file for a CR-1 instead,
      unless your filing in California go for both, CSV passed both for some reason.
      VSC nothing lately. Only K1 filers by the tons. Stinks.
      I have done hours of research in this. But keep in mind, both filing centers take time, it will not happen in a week, or a month, believe me, I know the frustrating of waiting.

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