k3 spouse studying in home country, please help!

[cmjulcarima 0]

Hello all! I've found this website to be very helpful and have read many of the guides and forum posts but haven't found any cases exactly like ours so I finally decided to join and ask for some advice.

My husband Jonatan, from Lima, Peru, and I married this past summer, July 31st, 2009 in Peru and are in the K3 Visa process. I have submitted all the petitions and received approvals and his visa interview is scheduled for February 11, 2010.

Our history is the following: We met when I was an exchange student at La Catolica University in Lima in 2005 and dated while I studied one semester there. I returned to the US to graduate from college and lived in Peru most of 2006 with Jonatan while I was teaching English. I then returned to the US to work and enter graduate school in 2007 but have visited my husband since on every occasion possible and we are in constant communication. My family travelled to meet him in 2008 and came to our wedding July 2009. We have plenty of evidence that our marriage is legitimate, but the concern is the conflict with my husband's university career. He still has two semesters left to complete his degree at the end of this year December 2010. He has worked very hard and for a very long time to complete his university degree (there were setbacks and times when he could not study) so if it is at all possible I want to support him in that. After his graduation in December 2010 he will be moving here permanently.

You can slap me on the wrist, I know now that we should have looked more deeply into the whole process before applying, but our thought was that we didn't want to wait any longer to be married, we've been together since 2005 and wanted to get all the immigration stuff out of the way while we were obligated to be apart due to his studies anyway. I would of course have liked to live and work there with him as he finishes and then applied for a visa, but the money I earn teaching English would be sparse and both of us have been students for so long, I need to be here working and building up savings for us.

My concerns are the following:

Is there a possibility of the K3 Visa being denied if he says that he will only be with me in the US for part of 2010 (feb-March and July-August, then moving here permanently end of December) due to his studies? Everything I read says that the K3 visa is multiple entry and the person can leave the country without abandoning status, but I can't find anything that has a time-limit on how long they can be out of the country. This is why we initially applied for this visa, but now as the date gets closer and I read more about AOS I'm starting to become more concerned.

Also---I realize that once he is granted AOS he will not be able to travel for more than six months per year. So in our case we don't necessarily want the AOS to be approved quickly. I understand that the K3 visa does not expire for 2 years, but I also have read in the faqs/guide that it's important to apply for the AOS as soon as possible in the eyes of the USCIS. So I'm not sure how long is ok to wait if it's absolutely necessary?

If you've made it through all of this, millions of thanks!! And any guidance or ideas you have would be much appreciated. Like I said, I have scoured the internet for information but never seem to find a case exactly like ours.

[pushbrk 12,908]

Hello all! I've found this website to be very helpful and have read many of the guides and forum posts but haven't found any cases exactly like ours so I finally decided to join and ask for some advice.

My husband Jonatan, from Lima, Peru, and I married this past summer, July 31st, 2009 in Peru and are in the K3 Visa process. I have submitted all the petitions and received approvals and his visa interview is scheduled for February 11, 2010.

Our history is the following: We met when I was an exchange student at La Catolica University in Lima in 2005 and dated while I studied one semester there. I returned to the US to graduate from college and lived in Peru most of 2006 with Jonatan while I was teaching English. I then returned to the US to work and enter graduate school in 2007 but have visited my husband since on every occasion possible and we are in constant communication. My family travelled to meet him in 2008 and came to our wedding July 2009. We have plenty of evidence that our marriage is legitimate, but the concern is the conflict with my husband's university career. He still has two semesters left to complete his degree at the end of this year December 2010. He has worked very hard and for a very long time to complete his university degree (there were setbacks and times when he could not study) so if it is at all possible I want to support him in that. After his graduation in December 2010 he will be moving here permanently.

You can slap me on the wrist, I know now that we should have looked more deeply into the whole process before applying, but our thought was that we didn't want to wait any longer to be married, we've been together since 2005 and wanted to get all the immigration stuff out of the way while we were obligated to be apart due to his studies anyway. I would of course have liked to live and work there with him as he finishes and then applied for a visa, but the money I earn teaching English would be sparse and both of us have been students for so long, I need to be here working and building up savings for us.

My concerns are the following:

Is there a possibility of the K3 Visa being denied if he says that he will only be with me in the US for part of 2010 (feb-March and July-August, then moving here permanently end of December) due to his studies? Everything I read says that the K3 visa is multiple entry and the person can leave the country without abandoning status, but I can't find anything that has a time-limit on how long they can be out of the country. This is why we initially applied for this visa, but now as the date gets closer and I read more about AOS I'm starting to become more concerned.

Also---I realize that once he is granted AOS he will not be able to travel for more than six months per year. So in our case we don't necessarily want the AOS to be approved quickly. I understand that the K3 visa does not expire for 2 years, but I also have read in the faqs/guide that it's important to apply for the AOS as soon as possible in the eyes of the USCIS. So I'm not sure how long is ok to wait if it's absolutely necessary?

If you've made it through all of this, millions of thanks!! And any guidance or ideas you have would be much appreciated. Like I said, I have scoured the internet for information but never seem to find a case exactly like ours.

There's no rush to file AOS and yes, the K3 visa is valid for two years for multiple entries. It is the perfect solution for your situation, as there is no requirement to maintain permanent residency until becoming a permanent resident.

[cmjulcarima 0]

There's no rush to file AOS and yes, the K3 visa is valid for two years for multiple entries. It is the perfect solution for your situation, as there is no requirement to maintain permanent residency until becoming a permanent resident.

Thank you tremendously!!!

It seems like just when I think I understand the process I read something new that throws me off and I get all worried!!! I appreciate your help!