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Fiancee Had To Go Home.....

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  • Fiancee Had To Go Home.....

    Because of a family emergency.
    I know what is said about opinions, but that's what I'm asking for:

    Should I
    A. File the I-129F (Texas Service Center) and wait on all that crap?

    B. Go to her country, marry her & file I-130?

    I'm also not too clear about what the K-3 Visa is?
    Guess I'll do some research on the INS site while I wait for opinions!


  • #2
    Her problem is re-entering unless you married and she applied for an advance parole re-entry document. If not, you will have to re-file unless the visa she came in on has not expired and has more the one entry on it i.e. "2". If it does she can come back in and them marry within 90 days.
    If not, you can apply for Fiance visa again, and marry within 90 days of her arrival, or you can go to her country and marry her, but then you will need to file for the spouse of a U.S. citizen petition (I-130) again. The waiting time seems to be slightly shorter for the fiance visa however. Hope this helps.


    • #3
      Fiancee Visa are good for one entry only. The law clearly states that you are suppose to get married within the 90 day period. However in your case, she had to return. If I were in your situation, Just go there and marry her and file the I-130 and once you get a notice of reciept from the INS then the K3 application should follow. K3 is from LIFE ACT and it is to unite family that are currently waiting for the dates to be current. Its basically a non-immigrant Visa although your spouse will get an EAD. The Approx time to wait for K3 is between 3-6 months and I-30 is 6-9months. I think it is best to go for the spouse deal. In case you do the I-30, make sure you get as much evidence to show that the marriage is not a SHAM. Phone bills,letters and pictures will best..the more the better...Good luck to you!!!


      • #4
        I'm still trying to make sense of what the K-3 is about.....sounds like it might save some time, but I'm gonna keep looking.


        • #5
          A K-3 visa is used when the Amcit spouse files the I 130 with the INS in the US - since they (the INS) can take many many months to process said petition, the K3 allows the foreign spouse to go the US, be in legal status while waiting for INS to approve the I 130 and then go on with adj of status, etc.
          Since you did not get married while she was in the US, if you went to her country and got married, you could file the I 130 in the embassy there; they will take somewhere between 3-8 weeks to process the case to conclusion (versus 8-20 months, yes months, for the INS to do the same).


          • #6
            So you can file the I-30 at the embassy in the country where you would be married? Informed said it would take 3-8 weeeks. I thought you could not file it at embassy that the USC spouse has to apply once back in states to the INS for the I-30 and then do the K3. I am really lost now!!!!Can someone please explain this more to me??? Thank You


            • #7
              Yes, subject to the individual rules a country may have about getting married, afterwards the US citizen can (in most countries) file the I 130 right at the embassy. After the initial interview, the Amcit can go home and wait for his S/O to get his/her visa - you don't have to sit still in the foreign country.
              Sometimes people elect to file with INS in the US - hence the K3....but the K3 can take almost as long to obtain as filing the I 130 locally and doing the immigrant visa interview etc, right there.


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