Uk spouse to visit to US while 130 visa pending?

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Old Apr 8th 2005, 6:55 pm
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Default Uk spouse to visit to US while 130 visa pending?

hi, i'm new here and have learned loads from all my reading here. finally i've narrowed my question down to ask for some advice! it's great to be able to read the govt. websites with the rules, then reading about personal situations dealing within those rules. and it's all for love!!

here is my situation:
i am a US citizen. i went to the UK in october and married my wild welsh man. he is finishing uni next spring and we're planning on having him come to the US then. i'm going to file his 130 petition soon, and wait since we have nearly a year to get his visa. i was rightly baffled by the k-3 vs. the 130, but i think i've got it figured out now. please let me know if this sounds correct with what you all know.

1. first you file the 130 petition from the US for the UK spouse
2. then once you get the receipt of the USCIS receiving your petition,
you have the choice to go the k-3 route (to get a visa faster)
by filing the 129 petition, stating your aiming for the k-3
3. then you receive more paper work and wait to receive an interview and medical exam at the UK embassy (for the UK spouse)

or.... you can just wait out the 130 and get the interview and medical done and get the visa.
i've read it takes up to 8 months??

so if i am correct with the above, my next question is would he be able to come to the US this summer for a visit under 90 days under the visa waiver program?
how does that fit in with being in the process for the visa?
would it make things more complicated or be just as easy as his previous visits?

thank you for any help!
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Old Apr 8th 2005, 7:22 pm
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Default Re: Uk spouse to visit to US while 130 visa pending?

Originally Posted by justbee
hi, i'm new here and have learned loads from all my reading here. finally i've narrowed my question down to ask for some advice! it's great to be able to read the govt. websites with the rules, then reading about personal situations dealing within those rules. and it's all for love!!

here is my situation:
i am a US citizen. i went to the UK in october and married my wild welsh man. he is finishing uni next spring and we're planning on having him come to the US then. i'm going to file his 130 petition soon, and wait since we have nearly a year to get his visa. i was rightly baffled by the k-3 vs. the 130, but i think i've got it figured out now. please let me know if this sounds correct with what you all know.

1. first you file the 130 petition from the US for the UK spouse
2. then once you get the receipt of the USCIS receiving your petition,
you have the choice to go the k-3 route (to get a visa faster)
by filing the 129 petition, stating your aiming for the k-3
3. then you receive more paper work and wait to receive an interview and medical exam at the UK embassy (for the UK spouse)

or.... you can just wait out the 130 and get the interview and medical done and get the visa.
i've read it takes up to 8 months??

so if i am correct with the above, my next question is would he be able to come to the US this summer for a visit under 90 days under the visa waiver program?
how does that fit in with being in the process for the visa?
would it make things more complicated or be just as easy as his previous visits?

thank you for any help!
Hi, and welcome to the forum.

You've pretty much got the basic outline correct. I've heard these days that the I-130 is actually getting processed faster than the K-3, so that's a good thing for you.

As for him visiting in the meantime, it's perfectly legal, he would just have to bring proof that he intends to return to Wales when his visit is up. It might be more difficult at the POE than before, since he will now have immigration paperwork in the works. But then again, it might not...everyone's experience is different on this one.

Best Wishes,
Rene
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Old Apr 8th 2005, 7:46 pm
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Default Re: Uk spouse to visit to US while 130 visa pending?

thanks rene!
sometimes hearing what you already know is assuring.

how do you like phoenix? i grew up there (14yrs), cave creek, scottsdale, awatukee (can't remember how to spell it!)
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Old Apr 8th 2005, 8:00 pm
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Default Re: Uk spouse to visit to US while 130 visa pending?

Originally Posted by justbee
thanks rene!
sometimes hearing what you already know is assuring.

how do you like phoenix? i grew up there (14yrs), cave creek, scottsdale, awatukee (can't remember how to spell it!)
Nice to meet a fellow Arizonan! I've lived in Arizona (Tucson and Phoenix) for 35 years, and Phoenix (well, Mesa) for the past 18 years. I love it here...wouldn't want to live anywhere else!

Later!
Rene
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Old Apr 8th 2005, 11:21 pm
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Default Re: Uk spouse to visit to US while 130 visa pending?

Originally Posted by Noorah101
Nice to meet a fellow Arizonan! I've lived in Arizona (Tucson and Phoenix) for 35 years, and Phoenix (well, Mesa) for the past 18 years. I love it here...wouldn't want to live anywhere else!

Later!
Rene
That's because You haven't tried Colorado
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Old Apr 8th 2005, 11:25 pm
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Default Re: Uk spouse to visit to US while 130 visa pending?

Originally Posted by Hypertweeky
That's because You haven't tried Colorado
LOL, that could be true! The only time I've been to Colorado was when I was 8 years old, on a cross-country trip with my parents....we drove through it and I remember very pretty scenery with big green valleys.

I do like Seattle, though...I love rain....but I might get sick of it if it's every day. I probably just like it now because I see so little of it. lol

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