I am a US Citizen and I am recently married to a Cuban Citizen. I have read much about the wait times for my spouse to join me. I just want to make sure I am going about this the right way or can an immigration lawyer speed the process. Do I need to file the completed I-130 and then when I have received confirmation that it is in the system can file the I-129 which can bring her here on a K3 visa? Can she travel back to Cuba on the K3 visa before the I-130 is approved? She wants to make sure if something happens with her father she can go back?
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I-130, I-129 questions K3
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I am a US Citizen and I am recently married to a Cuban Citizen. I have read much about the wait times for my spouse to join me. I just want to make sure I am going about this the right way or can an immigration lawyer speed the process. Do I need to file the completed I-130 and then when I have received confirmation that it is in the system can file the I-129 which can bring her here on a K3 visa? Can she travel back to Cuba on the K3 visa before the I-130 is approved? She wants to make sure if something happens with her father she can go back?
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Yes, you file the I-129f with Missouri after receiving confirmation that I-130 has been received. I'm not positive about the answers to other questions but here is link that should be helpful: http://uscis.gov/graphics/howdoi/spouselive.htm
Also, you might want to read posts on www.immigrate2us.net as they divide things by subject and there is an entire area devoted to K-3.
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I found this on the American Interests Website in Havana that states she might not get back to Cuba or get out of Cuba while in K3.
Return Travel to Cuba
Cuban K3/K4 recipients should be aware of potential problems which will arise if they wish to leave the U.S. while still in K3 status. Like most non-immigrant visas issued to Cubans, K3 visas are single-entry; that is, they can be used only once. Afterwards, a Cuban in K3 status who leaves the U.S. will have to apply for another K3 visa if he wishes to re-enter the U.S. (Such individuals visiting Cuba may also find that the Cuban Government may require another Exit Permit.) Individuals in K3 status are therefore advised to defer visits abroad until they have their Green Card, or else they should secure an Advance Parole travel document from BCIS prior to departing the U.S.
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