shrinkydinkydoo

I know that once we file the spousal visa paperwork my man cannot come back to the States to visit until the green card is approved. That says then that once the paperwork is filed, that's the case. But, if we're married and don't file the paperwork straight away, can he still come and visit?

christmasoompa

You know wrong! See the above sticky thread, it's fine for him to visit whilst processing is going on.

HTH.

Noorah101

Can you tell us where you're getting this information? It's incorrect. He certainly CAN visit the USA while the visa process is going on. There are no restrictions.

Rene

shrinkydinkydoo

I honestly cannot remember where or who told me that, but, I was told that during the processing of a CR-1 visa, he cannot visit me here in the US until that green card is approved.

ian-mstm

Whoever told you that is an idiot. People visit all the time during the visa process... it has never been an issue.

And, to clarify, he's waiting for approval of an immigrant visa... not a green card. He won't get a green card until the day he enters the US with his visa.

Ian

shrinkydinkydoo

I'm so confused. I was trying to research this. So, we get married, file the I-130, then during that process he can visit right? I've seen something that speaks of a K3 visa that, once the I-130 is approved, he can come and stay here while waiting for the approval? Am I understanding this right?

ian-mstm

Right.


If you were doing this about 20 years ago when CR-1 visas took up to 3 years to process, you'd be understanding correctly. However for the past 15-20 years the K-3 has become obsolete because CR-1 visas now take well under a year to process. You can safely ignore anything to do with the K-3 visa.

Ian

Pulaski

Yes, as advised above.
The K-3 is obsolete. Ignore ALL information or advice you see that cites a K-3 visa.

Under the current process the CR-1 has to be finalized outside the US, but the applicant can visit in the interim. There is no K-3 for "coming and waiting".

shrinkydinkydoo

Ok, thank you for the information on the K3. This process and paperwork looks straight forward, but then you get into it and all of a sudden there's a bunch of nuances that leave me feeling overwhelmed, confused, and defeated. Add in the thought that he can't visit here once we're filed....not to mention that the process takes 8-12 months...sometimes I think "get an attorney" and then othe times I think it would just cost us more money and who knows if the attorney we get is competent.

Pulaski

Keep asking us questions - unless there are major complications, such as your husband having a criminal record, there really is no need for your to hire an attorney.

shrinkydinkydoo

No criminal record

ian-mstm

It is!


This happens because you're trying to understand everything all at once when, in fact, you only need to understand one step at a time. It's good to have an overview of the entire process... but you don't complete the entire process all at once. You do it one step at a time.

Ian

Pulaski

Good!

I see you were researching a K-1 fiancé visa last November. Should we be sending congratulations for getting married when your fiancé visited in December?

shrinkydinkydoo

LOL No. No congrats just yet. We're looking at March. Hopefully in March we'll be wed and can start the process then.

Twinkle0927

I am living proof that you can visit during the process.

Sent the I-130 bundle off in February, visited in April and June, visa obtained in December. I would have visited at least once more during that time but something came up which caused me to cancel a trip (nothing to do with the visa process).