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?? Please help clarify

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  • ?? Please help clarify

    On filing for a wife of a usc, do we apply for the K-3 visa and later the green card (also makes it affordable instead of having to save for a long time before applying)? Or do we apply for the green card? Wife came to the US legally and then we got married.

  • #2
    On filing for a wife of a usc, do we apply for the K-3 visa and later the green card (also makes it affordable instead of having to save for a long time before applying)? Or do we apply for the green card? Wife came to the US legally and then we got married.

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    • #3
      If the wife already in US just file for Adjustment of Status, not K3 unless if the wife want to go back to her country and stay there until the K3 approve. If she want to stay in US just file the AOS. If she do it by herself its less than $1000 (but make sure you know what to do and how to fill the form), its not that hard if you do it carefully.

      K3 Visa applied when the spouse not in the US and she / he only can enter after it approved, the same with Fiancee Visa (K1).

      Good luck. I'm not a lawyer, act accordingly.

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      • #4
        in order to apply for the K-Visas I believe that you must first apply for a I-130 and recieve the first NOA at least that is what I did myself... The K-3 is just to try and keep the time spent apart to a minimum... if you have everything in order that is... in my case the I-130 has been pending since Nov 2002 and as of July 1st they have gotten to Sept. 2002 (VSC) from what I have read Vermont is suppose to be the quickest?

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        • #5
          Me2 - The adjustment of status to what status? She wants to be able to work too, so should we just go ahead and apply for the green card?

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          • #6
            Shekinah,

            Are you in US? And what type of Visa are you using? Visitor or student?

            Adjustment of Status including:-

            1. Authorization to work (you will get this maxium 90 days after you file your AOS) and you can start work.

            2. When you file AOS, automatically you're applying for Green Card.

            3. While your AOS pending you are considered legally stay in US (it takes about 8 - 24 months to approve normally for spouse to USC for BCIS to call for interview).

            You have to fill in few forms, pls go to BCIS official website:-

            http://www.immigration.gov/graphics/...ncy/family.htm

            Please check under their forms and you can read the instruction CAREFULLY.

            The forms are:-
            I-485
            I-130
            I-864
            I-765 (for work)
            I-693 (medical exam)
            G-325A (both to fill ONE SET of 4 pages)
            I-131 (advance parole, if you plan to travel outside US while your case pending).

            Please be informed that I'm not a lawyer, act accordingly and this is only for straight forward case. Other than that, seek immigration attorney advice. Good luck.

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