K3 / K4 Visas For Wife and Daughter

[KC813]

6 hours ago, OnMyWay said:

 

The open questions I have are about timing.  Do I have to try and time the visa process to coincide with an actual move date 2+ years from now, or just start soon and the visa is still good later?

Good to see you found the answer to the "domicile" question!

Let me expand your 2^nd step, because that is an important part of the answer on "timing".

 

“2.  After approval, file form I-864, affidavit of support”  [me] with the National Visa Center  simultaneously with Olivia’s DS-260, the Immigrant Visa Application.

Timing is mushy, so if planning a move in 2-3 years, I’d start the immigration process now.

USCIS is taking roughly six to 12 months to approve a spouse petition.  Sometimes earlier, but very inconsistent.  After that, the petition is sent to the National Visa Center for the immigrant visa process (done by you online).  The quickest you will get through the NVC process is ~3 months, normally longer.  But if the process is going quicker they you prefer, and you’re still many months/years away from wanting her interview at the embassy, it is at the NVC step where you can slow down the process simply by being slow to submit documents.  Only yearly contact with NVC is required to keep the petition alive.

The actual visa she receives will be valid for six months from the date on the physical exam issued by St. Luke’s prior to her interview.

The most unpredictable part of timing right now is the gap between when NVC declares the petition “interview ready” and when the interview will be scheduled in Manila. 

Staffing levels were reduced in Manila because of the COVID lockdowns and delays.  For that and several other reasons, the number of scheduled immigrant interviews have been at less then 20% compared to last year but many spouse cases continue to be scheduled for those able to travel to Manila. 

Really, no one can predict what processing delays there may be in Manila a year from now when you start getting close to that part of the processing.  So, again, I’d start the petition process now, and if the process goes faster then you wish, slow it down at the NVC step.

Just my thoughts were I in your position.

[OnMyWay]

11 minutes ago, KC813 said:

Good to see you found the answer to the "domicile" question!

Let me expand your 2^nd step, because that is an important part of the answer on "timing".

 

 

 

 

“2.  After approval, file form I-864, affidavit of support”  [me] with the National Visa Center  simultaneously with Olivia’s DS-260, the Immigrant Visa Application.

 

 

Timing is mushy, so if planning a move in 2-3 years, I’d start the immigration process now.

USCIS is taking roughly six to 12 months to approve a spouse petition.  Sometimes earlier, but very inconsistent.  After that, the petition is sent to the National Visa Center for the immigrant visa process (done by you online).  The quickest you will get through the NVC process is ~3 months, normally longer.  But if the process is going quicker they you prefer, and you’re still many months/years away from wanting her interview at the embassy, it is at the NVC step where you can slow down the process simply by being slow to submit documents.  Only yearly contact with NVC is required to keep the petition alive.

 

 

The actual visa she receives will be valid for six months from the date on the physical exam issued by St. Luke’s prior to her interview.

 

 

 

The most unpredictable part of timing right now is the gap between when NVC declares the petition “interview ready” and when the interview will be scheduled in Manila. 

 

 

Staffing levels were reduced in Manila because of the COVID lockdowns and delays.  For that and several other reasons, the number of scheduled immigrant interviews have been at less then 20% compared to last year but many spouse cases continue to be scheduled for those able to travel to Manila. 

 

 

 

 

Really, no one can predict what processing delays there may be in Manila a year from now when you start getting close to that part of the processing.  So, again, I’d start the petition process now, and if the process goes faster then you wish, slow it down at the NVC step.

 

 

Just my thoughts were I in your position.

 

 

Great info!  Just what I was looking for!

If I wanted to slow it down in the NVC step, can you elaborate on what documents I would potentially do that with?  The way my mind works, I would think I would submit all documents at the beginning, and try not to piss anybody off.  So are you saying, if, for instance, there are 10 documents requested, I just submit 6 or 7 to start with and trickle the rest in?

I did see something about the yearly contact with NVC to keep it alive.

[KC813]

29 minutes ago, OnMyWay said:

Great info!  Just what I was looking for!

If I wanted to slow it down in the NVC step, can you elaborate on what documents I would potentially do that with?  The way my mind works, I would think I would submit all documents at the beginning, and try not to piss anybody off.  So are you saying, if, for instance, there are 10 documents requested, I just submit 6 or 7 to start with and trickle the rest in?

I did see something about the yearly contact with NVC to keep it alive.

When you upload documents to the NVC, there can be a lot of back and forth with them before they finally accept the document.  This causes some inadvertent delays since NVC will sometimes take months to tell you they don't like the document you sent! 

If I were to withhold one document, I think it would be Olivia's PSA-issued birth certificate.  The case won't be dropped into the scheduling queue without it, and it is a standardized document that NVC would rarely reject.

[Gator]

Since you’ve been married for over two years can’t your wife file for US citizenship? Or did I miss something? I think they have to finish the process within 6 months of the application date. Not sure what hoops you’d have to jump thru for your oldest daughter. 

[OnMyWay]

5 hours ago, Gator said:

Since you’ve been married for over two years can’t your wife file for US citizenship? Or did I miss something? I think they have to finish the process within 6 months of the application date. Not sure what hoops you’d have to jump thru for your oldest daughter. 

My wife has to physically be in the U.S. for 18 months before she can apply for citizenship.

My oldest daughter is attached to her mother when I do the I-130 petition, as long as she is under 21 and unmarried.  Then for the rest, her process is the same as her mom's but separate.

We know someone who did the move with a teenage step-daughter and they had a much shorter relationship than we do.  They had no problems.  In general, they are not going to grant a mother a spousal visa and deny her daughter to come with her.

[KC813]

41 minutes ago, OnMyWay said:

My wife has to physically be in the U.S. for 18 months before she can apply for citizenship.

My oldest daughter is attached to her mother when I do the I-130 petition, as long as she is under 21 and unmarried.  Then for the rest, her process is the same as her mom's but separate.

We know someone who did the move with a teenage step-daughter and they had a much shorter relationship than we do.  They had no problems.  In general, they are not going to grant a mother a spousal visa and deny her daughter to come with her.

Sorry OMW.  I'm pretty darn sure you are an U.S. Citizen (and not a U.S. permanent resident), so you must file a separate petition for your daughter.  I hate to give bad news, but Uncle Sam is going to tag you for a 2nd $535!

 

[OnMyWay]

42 minutes ago, KC813 said:

Sorry OMW.  I'm pretty darn sure you are an U.S. Citizen (and not a U.S. permanent resident), so you must file a separate petition for your daughter.  I hate to give bad news, but Uncle Sam is going to tag you for a 2nd $535!

 

Yes, appears you are correct.  I must have seen that for another visa or step.  Some where she needs to be linked to her mother.

[earthdome]

OMW, When I filed for my wife's CR-1 spouse visa we were able to file DCF i.e. directly with the embassy in Manila since I had lived in the Philippines for more than 6 months. We completed the process and received the visa in only 3 months from the time I filed the I-130. If we had pushed it we could have had it done in 2 months. The visa was valid for 6 months. That of course was pre COVID. At that same point in time it would have taken 6 - 12 months to complete the process if I was doing it while living in the US. The logistics are even more difficult when doing a filing in the US when you still reside in the Philippines. I expect the process is a great deal longer now with the disruption to the work processes from COVID. With a 2 year time horizon things likely will get back to normal and allow you to go the fast and much easier DCF route and meet your timeline. I would wait and see what the situation looks like in another 6 months.

Things are also getting backed up at USCIS. My wife filed for US Citizenship 6 weeks ago and all we have so far is a confirmation it was received and they received payment.

 

[OnMyWay]

41 minutes ago, earthdome said:

With a 2 year time horizon things likely will get back to normal and allow you to go the fast and much easier DCF route and meet your timeline. I would wait and see what the situation looks like in another 6 months.

I don't think that DCF is coming back.  I could be wrong.  I think they cut that budget before Covid.

[earthdome]

9 hours ago, OnMyWay said:

I don't think that DCF is coming back.  I could be wrong.  I think they cut that budget before Covid.

Might be a good idea to contact the US Embassy in Manila and ask them.