k-3 and I-130 visa

Old Nov 18th 2002, 11:08 pm
  #1  
Nluv4ever77
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Default k-3 and I-130 visa

My husband got his k-3 visa 4 weeks ago but he is not coming to america until
december. He has the visa in his passport now. He just got a letter saying
that it is almost time to get his I130 spouse visa. Will this make his k-3
visa invalid? He has it now in his passport and he has already bought the
ticket. Also how long is the affidavit of support good for? We just sent in
one for the k3 visa 4 weeks ago. Do you think the embassy will let him use
the same affidavit for the spouse visa? The reason I ask this is because we
spent alot of time getting together tax forms and everything else just to have
to turn around and do it again. To those of you who know me, me and my
husband decided a few days ago thathe would give it a try. He is scared about
leaving his job, which he has had for 6 years and is making very good money to
come to America to make nothing. He is scared that he will not find a job and
that was really bothering him alot. I appreciate any advice that is given to
me.

Ally
 
Old Nov 19th 2002, 2:46 am
  #2  
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What is the timeline on your husbands k-3 visa. Please psot

regards
kindia
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Old Nov 19th 2002, 11:33 am
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the I-864 affradavit is good for 6 months, i dont know about the other one, i was told by london that an approved 130 cancels the K-3, but if you already have the visa i dont know how that works, but good luck to you both


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Old Nov 19th 2002, 1:02 pm
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Default Re: k-3 and I-130 visa

Morning Ally

Glad to read that he has decided to give your marriage and a new country a try.

If as you say employment is his main concern it would be far more beneficial for him to have an approved I-130 when he enters the country. The I-130 will result in his entering the US as a permanent resident and he won't have to go through the process of applying for and waiting on the issuance of an EAD. With the I-130's I-551 stamp in his passport he has all the rights of a PR and a separate EAD is not required.

Not sure about your sentence: He just got a letter saying
that it is almost time to get his I130 spouse visa.

Who sent him the letter?

My suggestion is to call the US Consulate there. It was my understanding that if the I-130 was approved before the K-3, it negated the K-3. However, if the K-3 was approved, the recipient still has the option of returning the US Consulate in that country for completion of the I-130. Since it is only my impression of what the facts are, I would prefer that you get the truth directly from the horse ... errr US Consulate.

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