Jim

Can you start the K3 process while the spouse is in the US on a b1/b2 visa
(business/tourist visa)? I know about just adjusting status, but that is not an
option in this case.

Thanks, Jim

Michael Voight

Jim wrote:
    >
    > Can you start the K3 process while the spouse is in the US on a b1/b2 visa
    > (business/tourist visa)? I know about just adjusting status, but that is not an
    > option in this case.

You would have to file the I-130 and wait for the first NOA Then, you would file the
I-129F for K-3.

Chris Parker

[email protected] (Jim) wrote in message
news:<[email protected] om>...
    > Can you start the K3 process while the spouse is in the US on a b1/b2 visa
    > (business/tourist visa)? I know about just adjusting status, but that is not an
    > option in this case.

Theoretically possible, but the lawyers advised us against this since INS's
interpretation of the law is that K3 is *only* to expediously bring an alien spouse
to the U.S. while awaiting approval of an I-130. As such, we were told just to either
file for K3 after the spouse departs the U.S., or file for adjustment if the spouse
is already in the U.S. and intends to remain.

CP

Paul Helpdesk

K-3 is for Spouses of U.S. citizens who are waiting abroad.

Paul @ HelpDesk

Mrtravel

No really. It is the same as being able to file for a K-1 while a fiane is visiting.
They are able to visit on a B-1, then later reenter using the K-3. The K-3 interview
will be at the foreign consulate, but that doesn't stop the petitioner from filing
I-129F while his spouse is visiting.

Paul HelpDesk wrote:
    >
    > K-3 is for Spouses of U.S. citizens who are waiting abroad.
    >
    > Paul @ HelpDesk

Jim

I guess it is time to consult an attorney, since I have seen conflicting information
in this newsgroup. thanks though, Jim

mrtravel <[email protected]> wrote in message
news:<[email protected]>...
    > No really. It is the same as being able to file for a K-1 while a fiane is
    > visiting. They are able to visit on a B-1, then later reenter using the K-3. The
    > K-3 interview will be at the foreign consulate, but that doesn't stop the
    > petitioner from filing I-129F while his spouse is visiting.
    >
    >
    > Paul HelpDesk wrote:
    > >
    > > K-3 is for Spouses of U.S. citizens who are waiting abroad.
    > >
    > > Paul @ HelpDesk

Mrtravel

Jim wrote:
    >
    > I guess it is time to consult an attorney, since I have seen conflicting
    > information in this newsgroup. thanks though,

Why not contact INS?

Mrtravel

mrtravel wrote:
    >
    > Jim wrote:
    > >
    > > I guess it is time to consult an attorney, since I have seen conflicting
    > > information in this newsgroup. thanks though,
    >
    > Why not contact INS?

Sorry, too brief. I would like the opposition to point out where it says the
petitioner can't file a I-129F for a K-3 while the spouse is visiting the US on a
B-1? I don't see why someone would do this instead of simply adjusting status, but
the OP said they didn't want to do that.

Don H

[email protected] (Jim) wrote in message
news:<[email protected] om>...
    > I guess it is time to consult an attorney, since I have seen conflicting
    > information in this newsgroup. thanks though, Jim
    >
Curious reply. Everyone who responded was on the mark. In your original post, you
ruled out adjusting status. That would suggest a US marriage while she was here in
the US. A K-3 is a visa for a spouse - that means you are already married. It doesn't
matter where as long as it is recognized by the government of wherever it is done.
Then you have 3 choices if your spouse is physically in the US. 1) You can do an
adjustment and keep them here while the process unfolds. 2)File an I-130 to get an
immigrant spousal visa which can take a long time. 3) file the I-130 and then follow
that up with a K-3 petition so most of the immigrant processing time is while they
are able to be in the US with you. Option 2 and 3 requires them to interview in their
country of residence OTHER than the US. Since you ruled out Option 1, you only have
to decide where you want to get hitched and how long you want to be separated.

Try some of the links on the bookmarks page - there is a ton of info. But, it's
your money.

-Don

Rete

Jim do not understand why it is not an option in your case. If you have already filed the I-130 at the Service Center, you can take that receipt and using it, file the AOS papers for your wife at the local level. At the same time she can file the I-131 for Advance Parole and in some cases if you can file in person, she might have the A/P the same day or at the very most inside of 90 days. I know you have had conflicting answers to your questions, but you must realize that the K-3 is still very new to INS and the NG and experiences are few and far between. Personally I can't see where it would be a problem to start the process if your wife fully intends to leave the US in short order to finalize completion abroad. Just seems redunant since she is already here and can start the AOS process immediately and with A/P still be able to leave and re-enter the US safely.

Rete