ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 6 123 ... LastLast
Results 1 to 10 of 53

Thread: question regarding I-130 and K-3 visa

  1. #1
    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. #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.

  3. #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.

  4. #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

  5. #5
    Thank you all for your replies and assistance

  6. #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.

  7. #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 .

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

  9. #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.

  10. #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?

Similar Threads

  1. Immigration Law Question: I-130 URGENT - Interesting Case question - Weight in
    By Jean Riccardo Rodney in forum Immigration Discussion
    Replies: 14
    Last Post: 05-23-2012, 10:17 PM
  2. Immigration Law Question: I-130 Part D. 2 question
    By Billyk in forum Immigration Discussion
    Replies: 0
    Last Post: 05-15-2012, 09:53 PM
  3. I-130 Spouse Visa or I-129F Fiancee Visa
    By GUIGUY in forum Immigration Discussion
    Replies: 3
    Last Post: 12-28-2009, 08:38 PM
  4. I-130 Question (application for visa location)
    By Che1563 in forum Immigration Discussion
    Replies: 13
    Last Post: 07-29-2004, 04:37 AM
  5. Replies: 7
    Last Post: 02-12-2003, 09:55 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: