Question about V-1 non-immigrat visa
Mar 15th 2008, 3:25 pm
#1
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Question about V-1 non-immigrat visa
Taken from the USCIS website;
I am slightly confused by this, can I apply for a V-1 if I have already sent in my I-130 (&stuff)? How long must I wait before I could apply for a V-1?
For those who don't remember (and I don't blame you, you seem to be a busy bunch here!) my fiancée and I are planning on getting married and then applying for a CR-1 Spouse immigrant visa jobby.
Am I giving enough information here? I only recently found out about this V-1 visa and am excited by the prospect of potentially being able to live with my wife during the wait for immigrant visa, and just want to make sure I am not twisting the words in my head to read in my favour.
Thank you kindly in advance!
Who is Eligible?
A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 nonimmigrant status while in the United States, if:
* The person is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2);
* The person is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000;
* The person has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved
But:
An immigrant visa is not yet available;
Or,
There is a pending application to adjust status or application for an immigrant visa.
The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3 visa or for V-3 status.
A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 nonimmigrant status while in the United States, if:
* The person is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2);
* The person is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000;
* The person has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved
But:
An immigrant visa is not yet available;
Or,
There is a pending application to adjust status or application for an immigrant visa.
The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3 visa or for V-3 status.
For those who don't remember (and I don't blame you, you seem to be a busy bunch here!) my fiancée and I are planning on getting married and then applying for a CR-1 Spouse immigrant visa jobby.
Am I giving enough information here? I only recently found out about this V-1 visa and am excited by the prospect of potentially being able to live with my wife during the wait for immigrant visa, and just want to make sure I am not twisting the words in my head to read in my favour.
Thank you kindly in advance!
Mar 15th 2008, 4:00 pm
#2
Joined: Mar 2003
Posts: 68,280
Re: Question about V-1 non-immigrat visa
You did not read enough
Eligibility Requirements for a V-1 Visa:
Be the spouse of a Lawful Permanent Resident of the United States (Green Card holder)
The beneficiary of Form I-130, Petition for Alien Relative, has to be filed on or before December 21, 2000
Be waiting for at least 3 years for an immigrant visa, due to processing delays or unavailability of visas
Eligibility Requirements for a V-1 Visa:
Be the spouse of a Lawful Permanent Resident of the United States (Green Card holder)
The beneficiary of Form I-130, Petition for Alien Relative, has to be filed on or before December 21, 2000
Be waiting for at least 3 years for an immigrant visa, due to processing delays or unavailability of visas
Mar 15th 2008, 4:01 pm
#3
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Joined: Mar 2007
Posts: 4,059
Re: Question about V-1 non-immigrat visa
Am I giving enough information here? I only recently found out about this V-1 visa and am excited by the prospect of potentially being able to live with my wife during the wait for immigrant visa, and just want to make sure I am not twisting the words in my head to read in my favour.
Thank you kindly in advance!
is not yet married to a US citizen
did not have an I-130 filed on or before Dec. 21, 2000
has not been waiting 3 years
then the V1 visa is not available. Are the three requirements met? If the I-130 has not been filed yet, then the V1 visa will not be an option. Sorry.
Please note, I'm not a lawyer.
Mar 15th 2008, 4:04 pm
#4
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Re: Question about V-1 non-immigrat visa
So that big Or is very badly placed and means nothing at all?
edit: or how about a K-3?
I am looking more now, I guess it was silly to stop at the first thing I misread and go hooray yay party. But do you know of any visa that would allow me to stay in the US and work for at least a few months at a time?
oi, I am going to persist though this one
edit 2: yes I think I misread that V-1 stuff a heck of a lot. my fiancée has been a US Citizen her whole life, now I stop and breath calmly the V-1 appears to be for if she was an immigrant herself. ooer, I am going to read everything eight times now. sorry about that!
edit: or how about a K-3?
I am looking more now, I guess it was silly to stop at the first thing I misread and go hooray yay party. But do you know of any visa that would allow me to stay in the US and work for at least a few months at a time?
oi, I am going to persist though this one
edit 2: yes I think I misread that V-1 stuff a heck of a lot. my fiancée has been a US Citizen her whole life, now I stop and breath calmly the V-1 appears to be for if she was an immigrant herself. ooer, I am going to read everything eight times now. sorry about that!
Last edited by hole; Mar 15th 2008 at 4:24 pm.
Mar 15th 2008, 4:25 pm
#7
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Joined: Jan 2008
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Re: Question about V-1 non-immigrat visa
I see my mistake now, it's quite a big one. over eager 
I edited my above post
I edited my above post
Mar 16th 2008, 5:40 am
#9
Joined: Apr 2002
Posts: 35,082
Re: Question about V-1 non-immigrat visa
Taken from the USCIS website;
I am slightly confused by this, can I apply for a V-1 if I have already sent in my I-130 (&stuff)? How long must I wait before I could apply for a V-1?
For those who don't remember (and I don't blame you, you seem to be a busy bunch here!) my fiancée and I are planning on getting married and then applying for a CR-1 Spouse immigrant visa jobby.
Am I giving enough information here? I only recently found out about this V-1 visa and am excited by the prospect of potentially being able to live with my wife during the wait for immigrant visa, and just want to make sure I am not twisting the words in my head to read in my favour.
Thank you kindly in advance!
I am slightly confused by this, can I apply for a V-1 if I have already sent in my I-130 (&stuff)? How long must I wait before I could apply for a V-1?
For those who don't remember (and I don't blame you, you seem to be a busy bunch here!) my fiancée and I are planning on getting married and then applying for a CR-1 Spouse immigrant visa jobby.
Am I giving enough information here? I only recently found out about this V-1 visa and am excited by the prospect of potentially being able to live with my wife during the wait for immigrant visa, and just want to make sure I am not twisting the words in my head to read in my favour.
Thank you kindly in advance!
The equivalent visa for spouses of USCs is called K-3.
It is not much faster (if at all) than a CR-1 immigrant visa despite the text that you may read. Any research you do on the K-3 should be from 7/30/2007 forward--everything changed from then.
Mar 17th 2008, 3:21 am
#10
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Question about V-1 non-immigrat visa
I'd still stick with the CR1 since the K3 doesn't get processed much faster. That way she gets permanent residence, although conditional, upon arrival. Then the I-751 is filed 90 days before the 2 year mark after entry. The K1 and K3 both seem like a pain because she'd have to do adjustment of status, travel on parole letters, apply for work permits and all of that. The only one who likes the extra paperwork is the attorney.
Mar 17th 2008, 5:54 am
#11
Joined: Apr 2002
Posts: 35,082
Re: Question about V-1 non-immigrat visa
The K-3 is a 2-year, multi-entry visa.
Mar 17th 2008, 6:56 am
#12
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Question about V-1 non-immigrat visa
While K-3s do have to apply to adjust status (if they do not get the option to go back home for an immigrant visa interview--an event as rare as the dodo bird nowadays) and do have to apply for a work permit, they are unique in that they do not need to travel on advance parole.
The K-3 is a 2-year, multi-entry visa.
The K-3 is a 2-year, multi-entry visa.
