How long must you be married?

[hmm6604 0]

Hello,

I have been with my fiancee for a year in his home country but now I need to return to the states. We are trying to find the best way to be together and the K1 visa at first seemed the best bet. But I have a scholarship to leave the US in 2010 for a year, and I know if my husband was with me in the states at this time he likely would not be allowed to travel with me and be granted a re-entry visa. So therefore we are also researching the K3 visa which allows for re-entry visas. How long must we be married to apply for a K3 visa? Also, we have not rented our own apartment but have been living together with roommates who have their names on the lease. I know this would be a big setback to proving our on-going relationship. Can anyone offer some information or advice? Thanks very much.

[baron555 934]

Hello,

I have been with my fiancee for a year in his home country but now I need to return to the states. We are trying to find the best way to be together and the K1 visa at first seemed the best bet. But I have a scholarship to leave the US in 2010 for a year, and I know if my husband was with me in the states at this time he likely would not be allowed to travel with me and be granted a re-entry visa. So therefore we are also researching the K3 visa which allows for re-entry visas. How long must we be married to apply for a K3 visa? Also, we have not rented our own apartment but have been living together with roommates who have their names on the lease. I know this would be a big setback to proving our on-going relationship. Can anyone offer some information or advice? Thanks very much.

Long enough to obtain a certified marriage certificate, which you send in with your petition.

[pushbrk 12,898]

Hello,

I have been with my fiancee for a year in his home country but now I need to return to the states. We are trying to find the best way to be together and the K1 visa at first seemed the best bet. But I have a scholarship to leave the US in 2010 for a year, and I know if my husband was with me in the states at this time he likely would not be allowed to travel with me and be granted a re-entry visa. So therefore we are also researching the K3 visa which allows for re-entry visas. How long must we be married to apply for a K3 visa? Also, we have not rented our own apartment but have been living together with roommates who have their names on the lease. I know this would be a big setback to proving our on-going relationship. Can anyone offer some information or advice? Thanks very much.

Long enough to obtain a certified marriage certificate, which you send in with your petition.

Correct, and this is one of the unique circumstances that makes the K3 visa only "virtually obsolete" instead of completely obsolete. On the other hand, if you marry and file the I-130 directly with the Consulate and follow the CR1 visa path, your husband would simply need to make a trip back to the USA during your time abroad. Avoiding a greater than six months absense would be a good idea. The DCF filing would be faster, since you ARE already a resident of Morrocco for more than six months. Weigh your options carefully.

[NickD 203]

Wife and I spent our honeymoon filling out immigration forms.