Applying for K3 in the US

[ukstang 0]

We have been married for over three years now, I (the non US spouse) entered the US with a K1, adjusted status, received green card and lived and worked together with my wife for about two years. We decided to move to Europe for a while and have both been living here for just over a year now, I officially surrendered my green card but now we have decided we want to move back to the US. I know I can apply for direct consular filing to get a new Visa but my question is can we not apply for the Visa in the US? It's just so hard to plan a move anyhow without having to rely on the Embassy and hoping that the Visa comes through in time.

Thanks in advance for any help.

[sachinky 465]

The K-3 is officially dead. You can go for the IR-1. Go for DCF. Will be done in 5 months or so.

[Penguin_ie 5,996]

You cannot apply for a visa while living in the USA, because you have no legal right to live in the USA right now. If you are from a visa waiver country, you can visit (to go to job interviews, buy a house etc), but you cannot stay in the USA. Still, DCF is very quick (see my timeline as an example), so it is still possible to plan. Also, if necessary, the US spouse can move to the USA as soon as the I-130 is filed via the embassy.

Also, DCF will get you an IR-1, nota K3.

[pushbrk 13,099]

We have been married for over three years now, I (the non US spouse) entered the US with a K1, adjusted status, received green card and lived and worked together with my wife for about two years. We decided to move to Europe for a while and have both been living here for just over a year now, I officially surrendered my green card but now we have decided we want to move back to the US. I know I can apply for direct consular filing to get a new Visa but my question is can we not apply for the Visa in the US? It's just so hard to plan a move anyhow without having to rely on the Embassy and hoping that the Visa comes through in time.

Thanks in advance for any help.

Visas are used to enter countries, so by definition they must be applied for and obtained while outside the country the visa is to be used to enter.

DCF filing for an IR1 visa is the best course of action available to you.

[ukstang 0]

That was really helpful, thank you

You cannot apply for a visa while living in the USA, because you have no legal right to live in the USA right now. If you are from a visa waiver country, you can visit (to go to job interviews, buy a house etc), but you cannot stay in the USA. Still, DCF is very quick (see my timeline as an example), so it is still possible to plan. Also, if necessary, the US spouse can move to the USA as soon as the I-130 is filed via the embassy.

Also, DCF will get you an IR-1, nota K3.

[we are the world 0]

Hi Everyone,

Thanks for taking the time to read this. I have a question and maybe one of you can assist. My finance have applied and were approved for a K1 visa late last year. Due to my nature of my profession, I travel extensively and currently have a project in her home country of Brazil and is not scheduled to end till later this year. Her K1 visa is set to expire for entry into the U.S. on April 15.

My question is this: If we marry in the U.S. before her K1 entry expires, then travel back to Brazil together (I know she will have abandoned her AOS), can we proceed with the K3 process for her reentry after my project ends? Due to my work we can not even start the AOS process in the states. Just marry and return back to Brazil. Will I be able to bring her back on a K3 or some other form like I-130 Petition for Alien Relative (I think) later down the road?

Thanks in advance for your comments.

HB

[pushbrk 13,099]

Hi Everyone,

Thanks for taking the time to read this. I have a question and maybe one of you can assist. My finance have applied and were approved for a K1 visa late last year. Due to my nature of my profession, I travel extensively and currently have a project in her home country of Brazil and is not scheduled to end till later this year. Her K1 visa is set to expire for entry into the U.S. on April 15.

My question is this: If we marry in the U.S. before her K1 entry expires, then travel back to Brazil together (I know she will have abandoned her AOS), can we proceed with the K3 process for her reentry after my project ends? Due to my work we can not even start the AOS process in the states. Just marry and return back to Brazil. Will I be able to bring her back on a K3 or some other form like I-130 Petition for Alien Relative (I think) later down the road?

Thanks in advance for your comments.

HB

You would proceed with the CR1 process. K3 is dead.

[Deputy Purple 1,294]

My question is this: If we marry in the U.S. before her K1 entry expires, then travel back to Brazil together (I know she will have abandoned her AOS), can we proceed with the K3 process for her reentry after my project ends? Due to my work we can not even start the AOS process in the states. Just marry and return back to Brazil. Will I be able to bring her back on a K3 or some other form like I-130 Petition for Alien Relative (I think) later down the road?

Why not have your US Wedding then file for AOS Immediately. Once you have the NOA-1 for AOS make an infopass to get her AP (Advanced Parole) so she can travel with you. This way you wouldn't be abandoning anything just be sure she returned within the time frame specified.

Heck she could always travel back to pick-up her Greencard upon AOS approval or have a relative forward it to you in Brazil.

[pushbrk 13,099]

Why not have your US Wedding then file for AOS Immediately. Once you have the NOA-1 for AOS make an infopass to get her AP (Advanced Parole) so she can travel with you. This way you wouldn't be abandoning anything just be sure she returned within the time frame specified.

Heck she could always travel back to pick-up her Greencard upon AOS approval or have a relative forward it to you in Brazil.

The emergency AP part of your suggestion works to a point but AOS approval usually requires an interview. For adjustment from K1, sometimes not but generally, there's an interview she would be coming back for. Some offices are less willing to grant advance parole than others.

Edited February 16, 2010 by pushbrk