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question regarding I-130 and K-3 visa

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  • question regarding I-130 and K-3 visa

    I have recently married here in the U.S and my husband is here on a visitor's visa. He needs to go back to his country, but soon wants to come back to live here permanently.
    What do I need to do to bring him here? Does K-3 only applies to those who married outside the US? In that case, what do I need to file to bring him here if he is outside the US at the time of filing?
    Thank you.

  • #2
    I have recently married here in the U.S and my husband is here on a visitor's visa. He needs to go back to his country, but soon wants to come back to live here permanently.
    What do I need to do to bring him here? Does K-3 only applies to those who married outside the US? In that case, what do I need to file to bring him here if he is outside the US at the time of filing?
    Thank you.

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Additionally, upon entry, the K-3 visa holder will be eligible to work in the United States. If the United States citizen petitioner is low-income and unable to meet the minimal income level necessary to submit the I-864 Affidavit of Support form that is required before a non-citizen can be approved for residency, then the K visa holder's ability to work is a great advantage because when calculating income, the United States petitioner can include the non-citizen beneficiary's income if the petitioner and the beneficiary have lived together for six months. </div></BLOCKQUOTE>

      This could be misunderstood depending how you read it.
      The K3 applicant can only work if they apply for a EAD (Employment Authorisation card) first, once they enter the US.

      It is worth applying for the EAD at same time you apply to adjust status.
      Once they have the EAD, they can then apply for a Social Security Number.
      -----------------------------------------------------------------------------------------------
      God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

      National Domestic Violence Hotline:
      1.800.799.SAFE (7233) 1.800.787.

      Comment


      • #4
        he doesn't need the k-3 then ..i dont know if it's emergency to leave the u.s now ..but u can file for him and he will be able to adjust his status in the u.s without leaving .. if he doesn't have an emergency reason to leave ,,then dont let him leave and just file for him and adjust his status while he's waiting in the u.s ,,and u have to understand ,,if he leaves ,this process could take up to a year and he cann't come and visit u while his k-3 or cr-1 application is pending,,even if he still have a valid tourist visa,,bcoz if they find out at the port of entery that he's married he will be denied the entery and sent back to his home country ...think about which way u wanna go and we will help u explaining everything u need to do .good luck

        Comment


        • #5
          Thank you all for your replies and assistance

          Comment


          • #6
            Mike has the rule changed then about not being able to visit while K3 is pending?
            When I had my K3 pending, I had no problems visiting the US. I was told to come in as usual on a waiver, but take any documents I had if any about my K3 application in case any questions asked.

            One good thing about the K3 visa is that you can come and go as many times as you please until K3 visa runs out or until you get your GC.
            It is one of the few I think that allow you to exit and re-enter without parole papers whilst you adjust status.
            -----------------------------------------------------------------------------------------------
            God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

            National Domestic Violence Hotline:
            1.800.799.SAFE (7233) 1.800.787.

            Comment


            • #7
              thats true sprint_girl07 ,,but he doesn't have the visa yet..and if he leaves and try to reenter the us ,iam sure they r going to ask him if he have relatives or if he's married,,and he have to be honest with them and say yes,and in 95% of all the times if not more, they denied their entery,,thats strange actually,so u told them ur maried and ur k-3 is pending and they let u in? hmm ,,i guess the io was nice and u got lucky .

              Comment


              • #8
                bcoz believe me ,,if ur on a tourist visa and u tell them ur married... chances are 1% to let u in

                Comment


                • #9
                  Yes I didn't have any problems. The US Embassy told me that I could go to the US even if my K3 was pending as long as I revealed it to Immigration at port of entry. When I did tell them (chicago and they are tough) they said ok and that is all.
                  I always took paperwork with me just in case.

                  The rules do state that you are allowed to come into the US when K3 is pending you are allowed to enter on a waiver.
                  You might get questioned, I did the first time, but they could see from my passport that I had been several times before and always left on time. Not sure if that helped or not.

                  Maybe the best thing for anyone re-entering the US during K3 is pending is to take some paperwork with you that shows that you still have ties with your home country. That way they won't think you are going to stay indefinite.

                  I went to the US several times during K3 was pending. Maybe the country you are coming from might be a factor too, not sure.
                  -----------------------------------------------------------------------------------------------
                  God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                  National Domestic Violence Hotline:
                  1.800.799.SAFE (7233) 1.800.787.

                  Comment


                  • #10
                    well c sprint_girl07..it's true ..there is no laws say that u cann't enter the u.s while ur k-3 or cr-1 is pending,,,and the immigration doesn't care about the embassy ...like i said u got lucky believe me . hmmmm do u have a u.k passport?

                    Comment


                    • #11
                      oh tell me about chicago..i messed the airplain in chicago when i entered the first time..i was there for 9 hours until they stamp the cr-1 on my passport

                      Comment


                      • #12
                        Yes I have a UK passport.

                        My first time at Chicago airport I was stranded with my son (5 yrs old then) 20 hrs!
                        Immigration queues (lines) were soooo long they were way down the corridors and officers taking so long in letting people pass, then the baggage took so long to get to us we missed our connected flights.
                        2 of my suitcases were damaged,
                        The airline didn't give us food or drink (Red Cross run out) and I didn't have any US Dollars on me.
                        1 hour before I did eventually leave and after I was sobbing because everyone kept passing the buck saying its not their problem, they did give me a voucher and said sorry.
                        I think that airport on whole is a nightmare lol
                        -----------------------------------------------------------------------------------------------
                        God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                        National Domestic Violence Hotline:
                        1.800.799.SAFE (7233) 1.800.787.

                        Comment


                        • #13
                          yea i know .. well they were rude with us and the only thing they told me back then is to go to the corner ..lol.. i was setting in the corner for 9 hours...but anyway,,i guess they let u in bcox of the VWP,,, and he was actually nice,,bcoz even with VWP they can denied ur entery if ur married

                          Comment


                          • #14
                            Hey Mike is sprint causing you "trouble" LOL

                            Comment


                            • #15
                              Yeah I know..I think they pick and chose sometimes
                              -----------------------------------------------------------------------------------------------
                              God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                              National Domestic Violence Hotline:
                              1.800.799.SAFE (7233) 1.800.787.

                              Comment

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