After marriage via K1...

[RichiJenny 14]

HI,

I had to leave the US on Thursday to seek medical treatment, as it was advised to me, as medical treatment without insurance would be ridiculously expensive.

I had NO option but to leave asap, and will be undergoing treatment next week.

We married in June of this year and were all set to file for AOS etc...

We will be contacting our senator to inform him of our events, just in case he may be able to assist, and will also contact London and inform them of what has happened.

Now, as Im trying to take in leaving my wife, and my current medical condition, Id like some advice if possible please.

What would be the guaranteed quickest way to get back? We live in CT, so filing would be in VT, with the USCIS.

I hear a K3 and the I130 are taking about the same time, BUT the I130 gives one permanent resident status?

Im so confused by all this right now. Any ideas would be great - the guides have completely thrown me...

Also, would I legally be allowed to work once back out there?

Thanks

Richi

Edited August 26, 2006 by richi

[Reba 2]

you have two choices, the K3 and the CR1. Have your wife send in the I-130 petition, (for CR1) and once she gets the NOA from that, send the I-129F petition (for K3). And then just sit and wait as you did for the K1.

The K3 does not garner one employment authorization, you would have to apply for EAD after you arrive to the US and that'll take about 3 months or so.

The CR1 does give one employment authorization, and you are correct, is residency status for 2 years. At 19 months or so after your arrival you'll have to send in applications to remove conditions in order to get a 10 year card.

The quicker she sends those in, the quicker you'll be back together.

I'm sorry you've had to leave under such circumstances, and that you have to be separated from your spouse when you're sick. I personally know that's not at all any fun.

[RichiJenny 14]

you have two choices, the K3 and the CR1. Have your wife send in the I-130 petition, (for CR1) and once she gets the NOA from that, send the I-129F petition (for K3). And then just sit and wait as you did for the K1.

The K3 does not garner one employment authorization, you would have to apply for EAD after you arrive to the US and that'll take about 3 months or so.

The CR1 does give one employment authorization, and you are correct, is residency status for 2 years. At 19 months or so after your arrival you'll have to send in applications to remove conditions in order to get a 10 year card.

The quicker she sends those in, the quicker you'll be back together.

I'm sorry you've had to leave under such circumstances, and that you have to be separated from your spouse when you're sick. I personally know that's not at all any fun.

Thank you so much for that Reba, so considering our financial situation etc, we would be best off going for the CR1. Im hoping that wont take too long. Our K1 tookabout 4 months if I recall.

[twood2k 0]

My wife and I are in the same situation.

She became pregnant in the US but became very ill and my insurance was not going to cover her for three more months. So she decide to go back to home where health care is virtually free.

I filed a K-3 but it seems that the K-1 has caused a problem seeing that nothing has happened with the I-129f. We did get a speedy I-130 approval tho.

[RichiJenny 14]

Im so sorry to hear that, I hope shes on the mend and with a safe pregnancy.

It looks like we have to file a cr 1 then...