k-3 visa filing for my illigal wife

[Jerry C]

Here is my situation... My wife is illigally in the us. from mexico with talking to people on this site and other immigration chat sites everyone is saying go the k3 route will it work...
It this the correct procedure...File the I-130 first then wait untill get recitpt then file the I-129f or do i file the I-129 f first what other forms must i fill out. and will the wavier work is there anything else we can try if not i am starting the process today... please respond thanks everyone

[Jerry C]

Here is my situation... My wife is illigally in the us. from mexico with talking to people on this site and other immigration chat sites everyone is saying go the k3 route will it work...
It this the correct procedure...File the I-130 first then wait untill get recitpt then file the I-129f or do i file the I-129 f first what other forms must i fill out. and will the wavier work is there anything else we can try if not i am starting the process today... please respond thanks everyone

[Julie]

K3 visa is for foreign spouse's that are abroad, so it wouldnt be appropriate if your wife is in usa. File the 1-130 for her, and then wait for the decision. They will make her return to her home country, and probably you will have to file the 1-601 waiver for her to return. She is subject to a bar and you have to overcome it with the waiver.

[Jerry C]

ya.... thats what somepeople say but most are saying i can file the k3 my wife would just have
to leave the us for the interview and wait untill the untill the decision is made it would be denied then we file the wavier. and wait for that to be approved then she can come back to us/ WHat else do you guys think

[Lucy]

did she enter illegally or did she enter on a visa and then overstayed?

[Jerry C]

SHe entered illigally... without inspection

[Lucy]

then she cannot adjust status in the U.S., and perhaps the answers above are the way to go for you.

[tezkiah]

So what's the latest. This is so simular to our situation. Have you filed any paperwork? Were you married legally?
We have big hope, never give up!

[Still Learning]

There is a lot of info on this site about what to do in situations like you are in. If you go under "find" at the top and then click on "advanced search" you may be able to find these threads. Look for posts by Gluhbirne as she has commented on those some. Also, the website www.immigrate2us.net has everything divided by subject and you might be able to find assistance there.

[Spouse]

both the I-130 and the K3 visa would "allow" your wife to stay in the country until the interview. HOWEVER, the K3 processing time is usually shorter, and should set the interview date earlier.

Which could be beneficial in the case of a spouse's necessity to return home, or other circumstances.