K3 Visa and leaving the country

[Phonger 0]

Ive read the guide for the K3 visa and it states that my fiance has to leave the country for us to file the i-130. Does this apply to those who are not legally able to reside in the US? Here is our situation:

I am a US citizen and My Fiance is on an F1 Visa, she recently graduated so she is on OPT right now. So she is legally able to live and work in America for 1 year. We are planning to get married by the end of this year. Her visa expires in July 2007.

I really dont understand why she has to leave the US, or am I missing something? Also is she able to work and travel while waiting for approval of the i-130? Perhaps im in the completely wrong forum and this K3 visa does not apply to her! I will be calling USINS after the holidays to ask questions, but this recently came to us so we are kinda worried about it now. I would like some clarification on this if possible.

Confused,

Phong

[Mike_Easter 0]

Ive read the guide for the K3 visa and it states that my fiance has to leave the country for us to file the i-130. Does this apply to those who are not legally able to reside in the US? Here is our situation:

I am a US citizen and My Fiance is on an F1 Visa, she recently graduated so she is on OPT right now. So she is legally able to live and work in America for 1 year. We are planning to get married by the end of this year. Her visa expires in July 2007.

I really dont understand why she has to leave the US, or am I missing something? Also is she able to work and travel while waiting for approval of the i-130? Perhaps im in the completely wrong forum and this K3 visa does not apply to her! I will be calling USINS after the holidays to ask questions, but this recently came to us so we are kinda worried about it now. I would like some clarification on this if possible.

Confused,

Phong

[Laura_and_IanM 0]

Ive read the guide for the K3 visa and it states that my fiance has to leave the country for us to file the i-130. Does this apply to those who are not legally able to reside in the US? Here is our situation:

I am a US citizen and My Fiance is on an F1 Visa, she recently graduated so she is on OPT right now. So she is legally able to live and work in America for 1 year. We are planning to get married by the end of this year. Her visa expires in July 2007.

I really dont understand why she has to leave the US, or am I missing something? Also is she able to work and travel while waiting for approval of the i-130? Perhaps im in the completely wrong forum and this K3 visa does not apply to her! I will be calling USINS after the holidays to ask questions, but this recently came to us so we are kinda worried about it now. I would like some clarification on this if possible.

Confused,

Phong

You have to apply for the K-1 visa. The K-3/CR-1 is for people that are already married. I think though, that because she is already here on a F1 visa, she may not have to apply for a K-1 visa, I believe that you may be able to get married. Not sure on that so don't take my word for gold. But I am giving you some ideas to look into. Also, I am sure some of the more knowledgeable VJers will be on and will be able to correct me if I am wrong. Until then, do some research on the K-1 visa. Best of luck!

Laura Mitchell

[Yodrak 7]

Phong,

Your fiancee does not have to leave the USA for you to submit an I-130 petition for her after you get married.

Have a consultation with an immigration attorney to discuss the specifics of you situation. It should cost about the same as any one of the numerous petitions and applications that you will be submitting, a worthwhile investment.

Yodrak

Ive read the guide for the K3 visa and it states that my fiance has to leave the country for us to file the i-130. Does this apply to those who are not legally able to reside in the US? Here is our situation:

I am a US citizen and My Fiance is on an F1 Visa, she recently graduated so she is on OPT right now. So she is legally able to live and work in America for 1 year. We are planning to get married by the end of this year. Her visa expires in July 2007.

I really dont understand why she has to leave the US, or am I missing something? Also is she able to work and travel while waiting for approval of the i-130? Perhaps im in the completely wrong forum and this K3 visa does not apply to her! I will be calling USINS after the holidays to ask questions, but this recently came to us so we are kinda worried about it now. I would like some clarification on this if possible.

Confused,

Phong

[aussiewench 9]

Read HERE

Is your fiance subject to the 2 year home residency rule?

If the exchange visitor is subject to INA 212(e) requirement, he or she cannot change his or status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement. Such waivers can be obtained under five separate bases: No Objection Statement, Exceptional Hardship or Persecution, Conrad Program, or Interested Government Agency. For information, see Waiver of the J Visa Two-Year Foreign Residence Requirement 212(e).