Immigration Law Questions? Ask an Immigration Lawyer.
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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:
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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?
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.
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:
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