Immigration Law Questions? Ask an Immigration Lawyer.
To get you the k-3 after you leave he would need to file the I-130 and once he gets the receipt, he files form I-129F along with the I-130 receipt. Then the National Visa Center (NVC) will collect fees, I-864 affidavit of support, and then will send file to consulate for your interview. This option takes less time because you do not have to wait for the I-130 to be approved and don't have to wait for the green card to be approved before you can come.
once you re-enter the U.S. on the K-3 visa you will then need to file forms I-485 Adjustment of Status/green card and I-765 work authorization to obtain your green card.Once the forms are filed, it will take 30-90 days for you to get work authorization which you can use to go get your social security number and drivers license. The green card itself will take 6-8 months to obtain. If you need to travel after you have filed I-485 also file I-131 Advance Parole with all of these applications because if you travel after filing I-485 it is considered abandoned. I-131 allows you to return to resume processing the green card upon her return, as if you never left. Again, I-131 only needed if you want to travel during the green card process. If you will not be traveling, no need to file it.
Once the green card is issued it will be a 2 year conditional green card, the condition is that the marriage lasts 2 years from the date the green card was granted. 1yr and 9mos later (or 3 months before the green card expires) you need to file form I-751 to remove the condition, at which time it becomes a permanent green card. After marriage of 3 years and having your green card, you would be eligible for U.S. citizenship.
I would suggest you consult with a local attorney to discuss the details of your case. You can find one at www.ailalawyer.com and they can tell you their fees and you can decide if it is reasonable. Each attorney has their own fee.I hope this helps.
Thanks for your answer it was helpful. So when I leave the country and then plan on coming back on a K3 spouse visa how will they know I have returned without handing in a I-94 when I leave the country?
Also how long does it take to file a K3 spouse visa? We have been filling in all the paper work here for change of status and everything so we should have all the paper work ready. Above you state that we need to file a I-130 to get a receipt then file that reciept along with a I-129F to the visa agency. On form I-130 there seems to be a section asking for I-94 departure information. What will I put in this space?
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