Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

K-3 or I-130??

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • K-3 or I-130??

    Afternoon everyone,
    i've been trying to research the best answer for my situation but it's so confusing.

    I am US citizen and married to a Japanese woman (married in japan) for over two years already.

    I currently work in Germany but will be taking a new government position in the states.

    We have not applied for any VISA or immigration paperwork yet.

    My question is, is it possible to apply for I-130 or another Visa from with in the USA once we get there, like under her 90 day tourist visa?
    I do not want to apply for this here in Germany if there is a chance that we can do it from America and she can wait for processing while in the USA.

    I have read there is a way IF you are not married yet, get married in the USA and then apply....but since we have been married for over two years already, what are my options?

    The government (GS) job wants me there in the next 60 days.....how can I do this with my wife?

    Thank you in advance for any advice or information!!

  • #2
    Originally posted by mojoekai View Post
    Afternoon everyone,
    i've been trying to research the best answer for my situation but it's so confusing.

    I am US citizen and married to a Japanese woman (married in japan) for over two years already.

    I currently work in Germany but will be taking a new government position in the states.

    We have not applied for any VISA or immigration paperwork yet.

    My question is, is it possible to apply for I-130 or another Visa from with in the USA once we get there, like under her 90 day tourist visa?
    I do not want to apply for this here in Germany if there is a chance that we can do it from America and she can wait for processing while in the USA.

    I have read there is a way IF you are not married yet, get married in the USA and then apply....but since we have been married for over two years already, what are my options?

    The government (GS) job wants me there in the next 60 days.....how can I do this with my wife?

    Thank you in advance for any advice or information!!
    K-3 is obsolete. She will get the immigrant visa directly. She can try to enter as a visitor, if she intends to leave at the end of her stay, but having intent to immigrate soon will increase the chances they will deny her entry.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      K-3 is obsolete. She will get the immigrant visa directly. She can try to enter as a visitor, if she intends to leave at the end of her stay, but having intent to immigrate soon will increase the chances they will deny her entry.
      I am not sure if it's accurate to say K-3 is obsolete. To my understanding, it is very much relevant and can be filed for the foreign spouse after the I-130 is filed.

      Comment


      • #4
        Originally posted by manager View Post
        I am not sure if it's accurate to say K-3 is obsolete. To my understanding, it is very much relevant and can be filed for the foreign spouse after the I-130 is filed.
        yes you can apply for it, but in reality the K2 visa has replaced it and there is really no reason or point to apply for the K3, also if he is already married to her he shoiuld apply for an immigrant visa that way when she enters she automatically gains her permanent residency.
        This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

        -Krypton9591

        Comment


        • #5
          Originally posted by manager View Post
          I am not sure if it's accurate to say K-3 is obsolete. To my understanding, it is very much relevant and can be filed for the foreign spouse after the I-130 is filed.
          What I heard from several years ago was that they process the I-129F for K-3 together with the I-130, so that the I-129F will almost never be approved before the I-130, and when the I-130 is approved, they are no longer eligible for K-3 and the I-129F is cancelled. See question 14 (page 8-9) on this PDF. This article cites a negligible amount of K-3 visas issued (less than 0.1% of IR-1/CR-1). Unless something has changed recently, one is highly unlikely to get a K-3.

          This is my personal opinion and is not to be construed as legal advice.

          Comment

          {{modal[0].title}}

          X

          {{modal[0].content}}

          {{promo.content}}

          Working...
          X