Does a US citizen married to a foreigner need to have resided in the USA for at least 3 years to petition his spouse? The US citizen has resided abroad with the spouse for a long period of time but has recently (3 months ago returned with the intention to live here permanently) returned. Can he start the petition already?
Where is the foreigner spouse? Inside the U.S. or outside the U.S.? If inside the U.S., what visa did they use to enter?
The wife is in the Philippines. Thank you.
Ok, he will have to do a K3 visa process for her to enter the U.S. He does not have to wait any specific amount of time. He can begin the process now. He just has to show that he has the intention of living in the U.S. now. Here is a link to the process:
http://travel.state.gov/visa/immigrants/types/types_2993.html