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K3 visa - Country of marriage not spouse country of residence

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  • K3 visa - Country of marriage not spouse country of residence

    If a USC married a Canadian citizen in India. Can the USC file for K3 visa for Canadian citizen and include a letter to immigration officer to send k3 visa to spouse country of residence (Canada) instead of India? Has anyone come across such an issue, any advice appriciated

  • #2
    If a USC married a Canadian citizen in India. Can the USC file for K3 visa for Canadian citizen and include a letter to immigration officer to send k3 visa to spouse country of residence (Canada) instead of India? Has anyone come across such an issue, any advice appriciated

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    • #3
      Hello mobilealien,

      Welcome to ILW.

      I'm moving this thread up so that the others can help you.
      Do all the good you can, in all the ways you can, as long as ever you can.

      --John Wesley

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      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mobilealien:
        If a USC married a Canadian citizen in India. Can the USC file for K3 visa for Canadian citizen and include a letter to immigration officer to send k3 visa to spouse country of residence (Canada) instead of India? Has anyone come across such an issue, any advice appriciated </div></BLOCKQUOTE>


        Where you get married at is not relative. Marrige is marriage. Proper documents should be ready for immigration to review.

        k-3 process will be normal procedure, in alien's home country, canada.

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        • #5
          E.O. 12958: N/A
          TAGS: CVIS, KSEP
          SUBJECT: K3 VISA IMPLEMENTATION

          REF: A) STATE 057338 B) FEDERAL REGISTER VOL. 66, NO.
          174, SEPTEMBER 7, 2001

          2. Summary: INS published a rule in the Federal Register
          to implement the new K3 NIV. To obtain K3 status for an
          alien spouse, a U.S. citizen petitioner must first file an
          I-129F petition with INS in the United States.
          Confirmation of INS approval of the I-129F petition is
          required before a K3 may be issued and will be relayed to
          overseas posts by NVC. K3 processing overseas will
          closely mirror that of K1 fiance processing. iIf the
          marriage occurred abroad, a K3 must be issued in the
          country where the marriage took place.


          Mobilealien, you can try.. I've heard that couples in your situation go for an immigrant visa instead. Anyway, there have been reports lately that I-130 and I-129 are being approved the same day, and then NVC just canceles I-129 (for K3)... and processes I-130 (for CR/IR-1). There was also a memo in that regard a year ago or so... If USCIS turns I-130 around fast enough, there is no need for I-129.

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          • #6
            actually no, this is what most of the ppl think. people think that the i-129f is faster to be processed while its pending with the uscis but this is wrong. sometimes the i-130 even gets approved first,but once its at the NVC the the i-129f is way way faster, the i-130 will take 4-5 moths to be processed at the NVC and sometimes even longer but the i-129f will be process in 2-3 weeks only and sometimes even less. the i-129f is faster only in this stage . and you can request for the i-129f to be processed, they cann't just cancel

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            • #7
              Oh so sorry Mobile

              Thanks aneri. I did forget that "minor detail".

              However, Mobile can guarantee canada by marrying spouse in canada in a civil ceremony. Then have the other wedding/celebration in India as she is canadian citizen and free to travel.

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              • #8
                4now, we have already got married in India 2 years back. In my us citizenship appln and wife's us tax id number doc our date of marriage (India) is mentioned. We cannot get married again in Canada.

                Thanks! everyone for your advice and inputs

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