In a Bind

[Mrs. Forgetful 2]

I just found out that my husband has to go back to Morocco this up coming week. I read that you can file the K-1 in conjunction with the K-3 so that he can come back. What else do I need in order to do this? How long will it take? I can't stand to be away from him for more than 3 days now, I don't know how I will be able to go weeks upon weeks! Is there a way to get this all expedited?

[JenT 0]

I just found out that my husband has to go back to Morocco this up coming week. I read that you can file the K-1 in conjunction with the K-3 so that he can come back. What else do I need in order to do this? How long will it take? I can't stand to be away from him for more than 3 days now, I don't know how I will be able to go weeks upon weeks! Is there a way to get this all expedited?

A K1 is a fiance visa. Not applicable in your case.

You need to file for Advance Parole. Check the guides for more info.

Jen

[mrc 0]

JenT, maybe she's referring to the filing of the I-129F for a spouse?

[Canuck Carrie 1]

According to this, a K3 doesn't need AP to travel.

edit: Never mind, I see they were just married.

Edited July 26, 2006 by Canuck Carrie

[JenT 0]

Assumed that was already done as part of the K3.....

??

[john_and_marlene 162]

I just found out that my husband has to go back to Morocco this up coming week. I read that you can file the K-1 in conjunction with the K-3 so that he can come back. What else do I need in order to do this? How long will it take? I can't stand to be away from him for more than 3 days now, I don't know how I will be able to go weeks upon weeks! Is there a way to get this all expedited?

A CR1 and optionally a K3 isn't going to take weeks and weeks. It is going to take months and months and may go well beyond a year.

Why does he have to go back?

The best way for you to avoid separation is to file I-130 (spouse petition) and I-485 (adjustment of status) together and have him remain here while they are processed. If he doesn't have anything that would bar reentry (such as an overstay), then you can file for I-131 Advanced Parole so that he can travel outside the U.S. and come back while waiting for the processing. Unfortunately, you won't be able to get this all done within just a week.

Is his reason for returning now great enough to justify a very long subsequent separation?

What type of visa is he currently on?

[Yodrak 7]

J9Melihi,

You read wrong. And you haven't provided any information relevant to your question other than the fact that you're married to a man from Morocco who was present in the USA.

Yodrak

I just found out that my husband has to go back to Morocco this up coming week. I read that you can file the K-1 in conjunction with the K-3 so that he can come back. What else do I need in order to do this? How long will it take? I can't stand to be away from him for more than 3 days now, I don't know how I will be able to go weeks upon weeks! Is there a way to get this all expedited?

[Mrs. Forgetful 2]

My husband is here on a student visa. He just finished his OPT almost two months ago so he's going to be out of status next week. We got married June 17th, and haven't been able to get all the info we need to submit the I-130 and I-485. Since he's going back to Morocco I know I can file the I-130 and then the I-129f for him to return. Can I submit everything at once?

[john_and_marlene 162]

My husband is here on a student visa. He just finished his OPT almost two months ago so he's going to be out of status next week. We got married June 17th, and haven't been able to get all the info we need to submit the I-130 and I-485. Since he's going back to Morocco I know I can file the I-130 and then the I-129f for him to return. Can I submit everything at once?

You have to wait until you have the Notice of Action showing the I-130 has been received before you can submit the I-129f for the K3.

It will still take a very long time for him to come back on the K3. It's not a quick return, but often quicker than waiting for the CR1.

Any days out of status will be forgiven with a successful approval of the I-485 if he stays and you submit the I-130 and I-485 together.

Based on your understanding of the things that you have read, I think it would be very wise of you to consult a good immigration attorney before you take any actions. Do it before he leaves the country.

[TracyTN 237]

Based on your understanding of the things that you have read, I think it would be very wise of you to consult a good immigration attorney before you take any actions. Do it before he leaves the country.

Yes, and at the very least, read the 'Guides' section of this website about the K3.

[JenT 0]

Based on your understanding of the things that you have read, I think it would be very wise of you to consult a good immigration attorney before you take any actions. Do it before he leaves the country.

Yes, and at the very least, read the 'Guides' section of this website about the K3.

[Yodrak 7]

j9Melihi,

Much better.

And as a result, john_and_marlene have been able to give you some appropriate and good advice.

Yodrak

My husband is here on a student visa. He just finished his OPT almost two months ago so he's going to be out of status next week. We got married June 17th, and haven't been able to get all the info we need to submit the I-130 and I-485. Since he's going back to Morocco I know I can file the I-130 and then the I-129f for him to return. Can I submit everything at once?

Edited July 26, 2006 by Yodrak

[sleeplessseattle 0]

My husband is here on a student visa. He just finished his OPT almost two months ago so he's going to be out of status next week. We got married June 17th, and haven't been able to get all the info we need to submit the I-130 and I-485. Since he's going back to Morocco I know I can file the I-130 and then the I-129f for him to return. Can I submit everything at once?

Just file the 130 since youre already married.. when you get your first NOA from your 130 petition, you can then file for a K3 visa. K3 visa usually gets settled about 3 months. Once your K3 is approved he can come back to the US as a non-immigrant, apply for AOS and wont have to go back to Morocco.

Try being long distance for 7 years.. Be a strong person .. I know its hard.., you can live apart for more than 3 days.

[john_and_marlene 162]

My husband is here on a student visa. He just finished his OPT almost two months ago so he's going to be out of status next week. We got married June 17th, and haven't been able to get all the info we need to submit the I-130 and I-485. Since he's going back to Morocco I know I can file the I-130 and then the I-129f for him to return. Can I submit everything at once?

Just file the 130 since youre already married.. when you get your first NOA from your 130 petition, you can then file for a K3 visa. K3 visa usually gets settled about 3 months. Once your K3 is approved he can come back to the US as a non-immigrant, apply for AOS and wont have to go back to Morocco.

Try being long distance for 7 years.. Be a strong person .. I know its hard.., you can live apart for more than 3 days.

Timeframes/difficulties for getting a K3 in Canada do not translate to getting a K3 in Morocco.

[sleeplessseattle 0]

My husband is here on a student visa. He just finished his OPT almost two months ago so he's going to be out of status next week. We got married June 17th, and haven't been able to get all the info we need to submit the I-130 and I-485. Since he's going back to Morocco I know I can file the I-130 and then the I-129f for him to return. Can I submit everything at once?

Just file the 130 since youre already married.. when you get your first NOA from your 130 petition, you can then file for a K3 visa. K3 visa usually gets settled about 3 months. Once your K3 is approved he can come back to the US as a non-immigrant, apply for AOS and wont have to go back to Morocco.

Try being long distance for 7 years.. Be a strong person .. I know its hard.., you can live apart for more than 3 days.

Timeframes/difficulties for getting a K3 in Canada do not translate to getting a K3 in Morocco.

That is true. But its all based on volume as well.