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Author Topic: possibel to switch from K1to spousal  (Read 11498 times)
mudd
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« on: January 28, 2003, 05:00:00 AM »

since the INS here is such a joke, and they have changed their processing times from 34 to 235 days for a K1, is it possible to go to colombia and get married, file a spousal visa and forget the k1? what is the timeline for the spousal visa now?
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Hiker
Guest
« Reply #1 on: January 29, 2003, 05:00:00 AM »

... in response to possibel to switch from K1to spousal , posted by mudd on Jan 28, 2003

[This message has been edited by Hiker]

http://www.usaimmigrationattorney.com/colombiamarriage.html

http://usembassy.state.gov/colombia/wwwsmare.shtml

I am in the process of doing this now.  So far I think the most complicated part about this is obtaining the marriage visa.  I think everything would be downhill after that.

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Calipro
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« Reply #2 on: January 29, 2003, 05:00:00 AM »

... in response to possibel to switch from K1to spousal , posted by mudd on Jan 28, 2003

I filed the I-130 with my wife at the US embassy in Bogota on the 15th of January. This is the only time you have to personally show up. Her second appointment is on the 19th of Feb. and she should receive her visa the same day.

The only things we needed were the completed I-130,the original marriage certificate (untranslated), your passport, a biography form in spanish that your wife fills out and can pick-up at the embassy and $130. The rest of the stuff she can take to the second interview.

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Pete E
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« Reply #3 on: January 29, 2003, 05:00:00 AM »

... in response to possibel to switch from K1to spousal , posted by mudd on Jan 28, 2003

You can go to the US Embassy in Bogota after getting married.You do need the marriage certificate from a notary which is supposed to require a marriage visa for you to marry a colombiana that you get from a Colombian Counsolate in the US.Guys have posted below about paying the notary an extra $200 to forget he needed that.
If all your paperwork is in order ( go to the Us Embassy in Bogota web site for imformation)you used to be able to get the spousal visa in 2 weeks.Recent stories indicate that is now about 5 weeks.
But- thats the end of it paperwork wise.She gets a green card in the mail 6 weeks after getting here.She can get a SS card in a week and work and drive and travel.2 years after she comes here you need to file to make her permanent.That takes about 9 months and she is in.We only had one US appointment at INS,for the interview after the 2 years,We were in and out in 30 miniutes,no waiting in line,we got an appointment in the mail.
So its quicker and easier.What you miss is the 90 day test drive to see how you get along and how she likes it here.

Pete

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Golden
Guest
« Reply #4 on: January 29, 2003, 05:00:00 AM »

... in response to Re: possibel to switch from K1to spousal..., posted by Pete E on Jan 29, 2003

Yep, Pete is right the greencard does come in the mail, forgot. They put in all the paperwork at the airport and stamp the passport though while you wait for it in the mail.
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Golden
Guest
« Reply #5 on: January 29, 2003, 05:00:00 AM »

... in response to possibel to switch from K1to spousal , posted by mudd on Jan 28, 2003

Thats what I did, but I got married in Peru. But, the US Embassy is going to follow a similar procedure or should to a point. Anyway, Its the best thing I decided to do. I did it myself, I felt like I didnt need a lawyer. So, I got married there in her country, and she was here in less than 3 months. Its that fast. The biggest thing you run into first is you have to get a civil ceremony there and doing whatever the Columbian government requires for that. Now, once you get the marriage certificate...things get more clear, or they did for me. You can go in and get the I 130 form and the two bio forms (i think are called 325 forms)...its basicly the bio form you clip your pics to ...and you fill those out and bring them back along with an official translation of the marriage certificate and birth certificate..(everthing in spanish MUST be officaly translated). Then when your ready, you bring all those forms and give them the filling fee. The person there will check it out and make sure you filled it out while you stand there..if is cool..then he will get your wifes address and # so they can send the packet to her for the list of things she needs to bring or do before she goes to the interview. My wife got her packet in a week. She then gets the stuff together ...shots,medical record, police record, etc....then when she has all the stuff done, she calls the embassy and sets up the date for the appointment....now you need to be sure to give her the affidavit of support (the 864 form and noterized) along with 3 years of tax returns and she needs all those letters, pictures, your plane ticket stub etc,..basicly the proof part you to are really a couple...which is obvious in a way because you filled in person at the embassy......she then goes to the interview...bam...approved(or not) ...then she catches the plane here and she gets the greencard there at the INS office at the airport and the stamp her passport that she can work and you dont do the 90 day wait thing...cause she setting foot here day one as your wife...so she gets it before she leaves.....and thats it (well you have to go to social security office and get her ss# before she can work).....thats how i did it, just be sure to pay attention to detail when you fill those forms out. I looked the form up on-line and looked it over, and the questions i did have, I called the INS and had them tell me how to fill it out how they would want it............good thing about this way, no wait at INS service center you bypass those suckers Smiley
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andre smith
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« Reply #6 on: January 29, 2003, 05:00:00 AM »

... in response to Re: possibel to switch from K1to spousal..., posted by Golden on Jan 29, 2003

You do not need the 3 years of tax records ,one year of tax returns is needed.But have the other 2 years of tax info ready just in case you get some  ins crackhe;;  looking at your paperwork.
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wizard
Guest
« Reply #7 on: January 28, 2003, 05:00:00 AM »

... in response to possibel to switch from K1to spousal , posted by mudd on Jan 28, 2003

If you get married there, you could go the DCF (Direct Consulate Filing) for the spousal visa... I think I have some guys say that the visa gets issued anywhere from 30 - 60 days from the first visit...

Check the US Embasy site in Bogota for more specifics @

http://usembassy.state.gov/colombia/wwwsmare.shtml

Then go to the heading:

Filing a Petition at the U.S. Embassy in Bogota

It would be a good idea to send a letter to the INS retracting your application for K1...

Hope this helps...

Buena Suerte...

wizard

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lswote
Guest
« Reply #8 on: January 28, 2003, 05:00:00 AM »

... in response to possibel to switch from K1to spousal , posted by mudd on Jan 28, 2003

I have been told 5 weeks.  I will soon know firsthand, but right now I am just going on what Nelson of LAI told me, but he helps with several weddings a month so I think his information is accurate.  What took time for me was getting all my documents together for the notary and the embassy.  I had to send away to 3 states during the Christmas rush, but maybe you will be able to get your documents together quicker not that Christmas is over.  It took me over 2 months.
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mudd
Guest
« Reply #9 on: January 29, 2003, 05:00:00 AM »

... in response to Re: possibel to switch from K1to spousal..., posted by lswote on Jan 28, 2003

what documents do they require,and how many trips to the embassy do you have to make? since i run a family business, its hard to make many trips, and i strugle just to make it down there every couple of months, so i am wondering if i can even go the spousal visa route. the K1 would have worked great, but so muck for that idea, 235 days, give me a fricken break!
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moam
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« Reply #10 on: January 29, 2003, 05:00:00 AM »

... in response to Re: Re: possibel to switch from K1to spo..., posted by mudd on Jan 29, 2003

I don't know about you fellows, but this stinks and inefficient is probably the most polite word in all of the english language that I can use here. When I first read about this in a post a couple of days ago, I immediately got on the "dump on the gov. employee," "anti big government soap box." Then I came across the post by mudd, which got my blood boiling again, something about 235 days just really sets me OFF! I mean, we are talking about 7 1/2 months and one day short of a week approximately, I find this just way too unacceptable without screaming at someone or anyone that could do something or at least get some answers.
So I did just that, I called someone and not just anyone, I phoned the office of my duly elected Rep/Congress person, if complaining to one of them was good, then complaining to both of them was better.We are supposed to turn to these PUBLIC SERVANTS when there is a problem that we are experiencing with the many tentacles of that octopus in Washington, D.C.  After about two hours on the phone total time which included, being passed on to someone else more than once, this is not the right office; three times, the person that you need is not available; twice, after being told, "the person that you need is in a meeting and not available today," finally I said, "then give me the person that is not in a meeting and that is available as we speak." I got lucky to get a "Top" aide that was just arriving, I will spare you all of the horse@#$#@! and say that this person is well aware of our complaint(I say "our" because I know that this situation does not sit well with many of you)and I told him that I will follow up this phone call with e-mail and a fax. Most importantly, I along with many others that are facing this situation or that will be in the future would like answers to 3 simple questions.

They are as follows:
1. Not wishing to be involved with politics of any sort or meddling with the policies/procedures of the State Dept.(since we as US. citizens and taxpayers have enough of our own daily challenges to contend with) If it isn't classfied or secret could we the people be informed as to why the change from the previous time frame of 60 plus days to the current 235 days for processing of the K-1 fiancee visa.

2. As a courtesy to  all US. citizens/taxpayers that might be in need of this particular service would it have been more appropriate to post such a drastic change in policy on the embassy web site prior to any change? And/or notify each individual at the time of filing so as to allow each individual the opportunity to consider other options, as opposed to accepting the required funds to facilitate said visa under the pertext that the process would be completed within the recently changed time frame of 60 plus days.

3. Is this change in fact permanent policy or is it a temporary inconvenience? Each being equally unsatisfactory, does the State Dept/embassy have any intentions of notifying each individual that submitted documents and fees in good faith for the K-1 fiancee visa prior to this change so that those indiviuals can consider other options?

After the initial conversation with this first aide and his receiving my fax with these ?s, he made it clear to me that he totally understood my irritation and that he would get this to the congressman. We ended the call on a positive note and with a little humor. He also stated, "that after going over the ?s that we wanted answers to, he realized just how serious this matter was to me personally." I replied, "your observation is correct, because I could have accomplished alot with the time that I have invested in   the phone calls, e-mails and faxes."

The second aide was a little more difficult to deal with, not as nice as the first guy, but I was firm with my position. This time around it was strictly business, no humor, all attitude. This person did listen, although I got the feeling that I was just another citizen that was not appreciative of the tough job that embassy employees do for "Us." As in the fist case I left a paper trail so that I can be reached via snail mail, e-mail, fax or phone, though I will not hold my breath on this second attempt for answers from this office.

Ok, I am tired, I will keep you guys abreast of any news from our wonderful PUBLIC SERVANTS.
By the way, I am not responsible for any errors, misspelled words, bad grammar or puncuation that I didn't learn in that govn't school.

moam

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mudd
Guest
« Reply #11 on: January 30, 2003, 05:00:00 AM »

... in response to 235 Days!!! What a load of @!#$%*+^, posted by moam on Jan 29, 2003

i know how you feel. i sent a realy nice letter to the INS office in Laguna Niguel telling them how i felt about changing the dates without a nitice. then i sent another nice letter to congressman Ducan Hunter expressing my feeling on his new Homeland Security policies of charging $110 and then screwing everyone, and i added a little about my tax $$$$$ being spent, so i am sure they are aware  that people are a little pissed off. will it do any good?Huh i doubt it, but it felt good anyways. so now i am looking into going the spousal visa route, which i realy dont want too, but 235 days is a joke.
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Celt
Guest
« Reply #12 on: January 30, 2003, 05:00:00 AM »

... in response to Re: 235 Days!!! What a load of @!#$%*+^, posted by mudd on Jan 30, 2003

I think it was CaliVet who posted that he was able
to pay (off) a lawyer in Cali to handle all his marriage details.
As a service to all here, he may wish to re-post that, or
those embarking on a spousal visa quest may wish to hit the
archives. There is some good posts from last summer on the
process. I used those as the starting point for my marriage
paperwork strategy. Remember, that their promise of 235 days
holds as much weight as their previous assurances of
efficient service, which had the gravity of helium.
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andre smith
Guest
« Reply #13 on: January 30, 2003, 05:00:00 AM »

... in response to 235 Days!!! What a load of @!#$%*+^, posted by moam on Jan 29, 2003

THANKS dude...Man i feel so bad for all the homeboys  dealing with this bull****
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Hiker
Guest
« Reply #14 on: January 29, 2003, 05:00:00 AM »

... in response to Re: Re: possibel to switch from K1to spo..., posted by mudd on Jan 29, 2003

Mudd, The forms are downloadable from the web.  Some of them are fillable, meaning you can fill them out online and print them.  Another benefit of this is that you are here at home and can access the information you need for the forms.

The I-130 form is available for download but you can't complete it online.  You can find a fillable form online but it is an older version.  Stick with the forms on the INS website.

The G-325A is a fillable form.  You will need one for you and one for your wife.  There are 4 copies to this form but when you complete the first one the others are dynamically completed.  

I have completed all these online and have them ready to take with me.


The form needed for the Marriage Visa is fillable online and is available from the Houston consulate.

http://www.colhouston.org/English/visas/visaframe.htm


Hope this helps.

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