Immigration Spouse

Question:

So, is it that simple? Ones I file I-130, then I-129F (can I file them together?), my wife can just go to US consulate abroad and apply for K3 Visa? I don't need to wait for any approval in US before she can start K3 process abroad? Will it be faster if I'll go to US consulate abroad with my wife?

Answer:

I'm in need of legal immigration advice. Please help me understand this. Currently I'm waiting to be naturalized, hope to become a US citizen in a few months, I'm married and my wife is living overseas, very common situation I guess. Here is the thing, I know about K3 Visa, and that's the way I plan to go with, to bring my spouse to US more quickly as soon as I become citizen. Here is what I found on INS website:

Can My Spouse Come to the U.S. to Live While the Visa Petition Is Pending? If you are a U.S. Citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending. The Form to file for this benefit is Form I-129F. It is not necessary for your spouse to obtain a K-3 visa in order to come to the U.S. to live and work. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be a method for him or her to come to the U.S. more quickly.

Then you need to go to a lawyer. You can't get legal advice on Usenet...

I'm sure others will give you more information, but it isn't simple or quick! Once you become a citizen you can apply for a K3 visa for your wife. That much is simple. The rest isn't.

yes Everything sounds simple and quick but its not when it comes to INS.

Anyway once you have filed the I-130 wait for the reciept and then either file the K visa here in the US or in your native country. If you apply here it would take anywhere from 8 to 12 months. If your wife applies in your native country at the consulate. It will take same amount of time even longer, due to mail and all that good stuff.

Now if you go there and are willing to stay there about 6 to 8 months and apply along with your wife then it will take 6 to 8 months.

So like I said nothing is easy, it just sounds easy :)

It's not that simple - your I-129f petition needs to be approved before your wife can apply for a K3 visa.

You cannot file the I-130 and I-129f petitions together - they go to two different places. And, you cannot file an I-129f until after you have filed an I-130 petition.

See < http://uscis.gov/graphics/howdoi/hdiknonimm.htm > for more specific information.

There is nothing preventing you from filing an I-130 NOW for "F-2A" classficiation as spouse of permanent resident.

The day you naturalize, you can then mail in the I-129F for the K-3.

Just an idle thought.

It is relatively simple but time consuming. I'd suggest you visit www.visajourney.com and read the FAQ for K-3 visas.