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Results 1 to 10 of 10

Thread: Getting married

  1. #1
    I'm an American citizen getting married in 2 weeks in my fiance's native country. He's not a an American citizen. I have a couple of questions that are bothering me because I have absolutely no experience of this sort, nor do I know anyone who has been through something similar to this. The only solutions I get are vague and most of them are at best assumptions.

    1 - What's the soonest date my husband can come to America? Someone told me it is 6 months after the wedding date. I need a sure answer on this.

    2 - Do I need to travel with him when he comes to the US for the first time after we're married? What documents do we need for this?

    3 - How long does he have to stay in America before he can return back to his native country? I'm asking this 3rd question because someone told me that in order to get their US citizenship, one simply needs to cross the border, stay for a week, and then spend the rest of the year wherever they live out of the US. Is this possible? I wouldn't want my husband to have any trouble with his citizenship later on, like when we have children or want to travel somewhere else. That's a headache I want to avoid, but unfortunately we're at a point in our lives where we're moving a lot, and I may have to stay behind for the first year of marriage while my fiance comes to the US.

    Thank you for any replies.

  2. #2
    I'm an American citizen getting married in 2 weeks in my fiance's native country. He's not a an American citizen. I have a couple of questions that are bothering me because I have absolutely no experience of this sort, nor do I know anyone who has been through something similar to this. The only solutions I get are vague and most of them are at best assumptions.

    1 - What's the soonest date my husband can come to America? Someone told me it is 6 months after the wedding date. I need a sure answer on this.

    2 - Do I need to travel with him when he comes to the US for the first time after we're married? What documents do we need for this?

    3 - How long does he have to stay in America before he can return back to his native country? I'm asking this 3rd question because someone told me that in order to get their US citizenship, one simply needs to cross the border, stay for a week, and then spend the rest of the year wherever they live out of the US. Is this possible? I wouldn't want my husband to have any trouble with his citizenship later on, like when we have children or want to travel somewhere else. That's a headache I want to avoid, but unfortunately we're at a point in our lives where we're moving a lot, and I may have to stay behind for the first year of marriage while my fiance comes to the US.

    Thank you for any replies.

  3. #3
    Hi.

    First of all have you looked at the immigration web site? They have all of the answers that you need right there. It is better to go to the source than ask around here.

    Here is a copy of what is on the web site.

    INS Implements the 適・Nonimmigrant Visa Provision of the LIFE Act
    WASHINGTON 末 To reduce the separations immediate family members of U.S. citizens may experience while waiting abroad for an immigrant visa, the Immigration and Naturalization Service (INS) is implementing a new K nonimmigrant visa provision, which was published as an interim rule in today痴 Federal Register.
    The rule expands the K visa status, currently available to fianc・e)s of U.S. citizens, to include the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, and the spouse痴 children. This will allow them to enter the United States as nonimmigrants, re-unite with their family here, and then apply for immigrant status while in the country. It is one of several immigration benefit provisions created by the Legal Immigration Family Equity Act (LIFE Act) enacted last December.
    Under this new nonimmigrant visa classification, spouses of U.S. citizens may be granted K-3 nonimmigrant status, and the spouse痴 unmarried children (under 21 years of age) may be granted K-4 nonimmigrant status. Obtaining a K-3/4 visa is not required, however. Spouses of U.S. citizens and their children may skip applying for a K visa and directly obtain their immigrant visa abroad from the Department of State.
    For those who wish to take advantage of this new provision, to be eligible for a K-3 nonimmigrant visa, an applicant MUST:
    " Be the spouse of a U.S. citizen;
    " Have a Form I-130 (Petition for Alien Relative) filed on his/her behalf by his/her U.S. citizen spouse, that is pending;
    " Have a Form I-129F (Petition for Alien Fianc・e)) completed and submitted on his/her behalf by his/her U.S. citizen spouse to:
    U.S. Immigration and Naturalization Service
    P.O. Box 7218
    Chicago, IL 60680-7218
    (Note: The INS must approve the Form I-129F before the beneficiary becomes eligible to apply for the K Visa from the U.S. consulate abroad.); and
    " Submit a completed Form I-693 (Medical Examination) when he/she appears at the consulate to apply for the K-3 visa from the Department of State.
    To be eligible for a K-4 nonimmigrant visa, an applicant does not need a separate Form I-130 or a Form I-129F filed on his/her behalf. The K-4 applicant MUST:
    " Be an unmarried child (under 21 years of age) of a K-3 visa applicant or holder;
    " Submit a completed Form I-693 (Medical Examination) when he/she appears at the consulate to apply for the K-4 visa.
    Applying for Immigrant Status
    The K-3/4 nonimmigrant classification does not provide immigrant status. To obtain immigrant status --once in the United States -- a K-3 nonimmigrant must file a Form I-485 (Application for Adjustment to Permanent Residence). A K-4 nonimmigrant must have a Form I-130 filed on his/her behalf by his/her U.S. citizen parent/stepparent and must file a Form I-485. K-3/4 nonimmigrants will become lawful permanent residents and receive their Green Card when both the Form I-130 petition and their Form I-485 application have been approved.
    K-3/4 non-immigrants may elect to apply for an immigrant visa instead of adjustment of status and may wait in the United States until they must appear at the consulate for their visa interview.
    Employment Authorization
    K-3/4 nonimmigrants may also apply for authorization to work in the United States while they wait for their immigrant status. To do so, they must submit a completed Form I-765 (Application for Employment Authorization) along with the $100 application fee to the INS post office box (P.O. Box) address specified above for filing the Form I-129F.
    Additional information and application forms regarding the K visa and other LIFE Act benefits are available on the INS Web site www.ins.gov (forms can be downloaded from the site), or by calling the INS toll-free customer telephone service:1-800-375-5283.
    Application procedures are explained in the Federal Register notice.

  4. #4
    Check to see if you can file with the local US consulate, quickest.

    Otherwise a K3 could take a year. It is 2 year mutiple entry so he can come and go as he pleases.

  5. #5
    Thank you for the speedy replies. I have seen the immigration website, but it seems that nothing in there will answer my (very specific) questions. Someone told me to just file the papers we need to file and try to find out along the way, as the time comes. I'd like to know now because there are plans that need to be taken care of now. Nobody has married someone out of the country?

  6. #6

  7. #7
    " ... What's the soonest date my husband can come to America? ... I need a sure answer on this. ... "

    People marry others out of the country all the time but nobody will give a "sure answer" how long the visa process will take. A lot depends on the region/country of your future spouse. In general it could take 6-12 months.


    " ... Do I need to travel with him when he comes to the US for the first time after we're married? What documents do we need for this? ... "

    You don't need to travel with him. He will need a valid visa to enter the U.S.


    " ... How long does he have to stay in America before he can return back to his native country? ... "

    Again, all depends on a visa he will get. If he enters the U.S. on a non-immigrant K3 visa he'd have to apply for "adjustment of status" in order ot obtain a green card. K3 is a multiple entry visa valid for 2 years. If he enters with a CR1 immigrant visa he'll get a green card in a few weeks after entering by mail. After crossing the border with CR1 he can leave immediately given that he has an address in the U.S. to receive a plastic card.


    " ... I'm asking this 3rd question because someone told me that in order to get their US citizenship, one simply needs to cross the border, stay for a week, and then spend the rest of the year wherever they live out of the US. Is this possible? ... "

    If you follow that "someone's" advise he will never get the citizenship, more over he'll loose his green card as well. To stay out of the country for up to 2 years he'd have to apply for a re-entry permit. For naturalization requirements see here: http://uscis.gov/graphics/services/natz/index.htm In any way his citizenship is years away and can not be apply for without first becoming a permanent resident.

    Cheers.

  8. #8
    No, he'll visit the US at least once a year and stay for a few weeks. Is that a problem? He will have an address because he'll be staying with his aunt in CT. Does this arrangement get in the way of him receiving US citizenship?

  9. #9
    It might be helpful if you look at some timelines for people who have gone through this process. It is not so simple as you seem to think and he must spend majority of his time in the US after obtaining his green card in order to keep it. Maybe someone here can post a helpful website for you.

  10. #10
    Where will you be living? Here or in his native country?
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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