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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94400
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi, I am an American Citizen who lives abroad in Israel. My

Customer Question

Hi, I am an American Citizen who lives abroad in Israel. My husband is an Israeli citizen.
We want to return to live in the United States. We want to apply for permanent residency for my husband.

I assume that I should fill out form I-130 Petition for Alien Relative.

My questions:
1) approx. how long will it take for him to get an approved visa?
2) until that time will he be able to visit the US on his tourist visa?
3) after the I 130 is approved, what is the process? I believe that there is some kind of interview at the consulate.
4) are there any constraints or restrictions that we should be aware of before we start the process?

Thanks!

Some facts/history:
He currently has a B1/B2 tourist visa good til 2022.
He had a Green Card when he lived in the US, but it expired around 1996.
In 1994 he applied for citizenship, but did not complete the process, since we decided to live here in Israel.
His wife (me) and all of his children are US citizens. 2 of our daughters live in the United States.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

 

 

There are essentially two ways to bring him and none are really fast, unfortunately:

 

 

1) The K-3 spouse visa takes 6 to 9 months. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after he enters the U.S., you must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

 

2) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once he enters the U.S., he enters as a Resident and he does not have to file (or pay for) an I-485 nor does he have to attend an additional interview. He just gets his green card in the mail a few weeks later.

 

 

So the K-3 is faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that he can use to enter the U.S. while that process is pending. He will most likely have to wait outside. Do people use the B-2 tourist visa to enter, stay and apply for Residency? Yes. Do they get away with it? Yes. Do some get stopped at the port of entry and questioned and if it is discovered that they are not coming as tourists and do not have the intent to go back home they are sent back home with maybe a 5 year penalty? YES! This is why I cannot recommend it.


Here is a link to both:

 


http://travel.state.gov/visa/immigrants/types/types_1315.html


Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

 

 

Customer: replied 1 year ago.

For additional information, we are married for 35 years. We were married in the US in 1978. We have been living abroad since 1995.


 


So is the K-3 really relevant?


 


If I understand you correctly, he will not be able to travel to the US for almost a year. THis is really hard for us, we have 2 daughters and a grand daughter in the US.


 


Is there no other way?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

The K-3 is relevant if you want a faster way than the IR-1.

 

 

And yes, you understand correctly. No one ever likes this situation and believe me, I have this same conversation on this website 2 or 3 times per day and I would tell you if there was a faster and easier way. IF he can get in using a B-2 visa, you can file for him later for him to stay, but it is risky as I have explained.

 

He can also TRY to enter on a B-2 if he can prove that he will go back after his visit, but I wouldn't recommend that either because they basically are just not going to believe him if he has an immigrant process pending.

 

So the K-3 may be the best option to come within 6 to 9 months or so.

 

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94400
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

In the IR-1 it says US sponsor must be a resident. I am not currently residing in the US. What can we do?


 


the K- 3 says the following: " It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place."


 


How can the Visa be issued in the country where the marriage took place? That is the US. How can I file it in the US if I live here?


 


Also, once the K-3 is issued, and we arrive in the US, will he be restricted from travel while we wait for the completion of the process?


 


Also, what do they mean when they say:


Important Notice: When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:



  • The nonimmigrant K-3 visa case will be administratively closed.

  • The application process explained below will not be available to the foreign-citizen spouse and cannot be used.

  • The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage."


Customer: replied 12 months ago.
Also, what do they mean when they say on the k-3

Important Notice: When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.

The application process explained below will not be available to the foreign-citizen spouse and cannot be used.

The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage."

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
Where did your marriage take place? And where is your spouse living now? And of course, you, the U.S. Citizen plan to move to the U.S. with your spouse, correct?
Customer: replied 12 months ago.
We were married in Los Angeles CA. We have been living in Israel for the last 19 years.

We plan to move to the US once he gets his visa
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
You would just have to prove that you would be going to the U.S. with your husband. You will probably also need a Joint Sponsor to file an I-864 along with the I-864 that you will still have to file. This is because since you do not currently have a U.S. job and U.S. income, it would be necessary to have a Joint Sponsor.

As far as the other statements, if the I-130 is filed before the I-129F, they will process the case as an IR-1 (or CR-1) which I think is better, but takes about a year or so.

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