Marriage Requirements

[elmo 0]

My fiance and I are planning to apply for a K3 visa in about 2-3 months after we get married here in the Philippines next year. We have been in a relationship for more than 3 years now. I was wondering if there is a time requirement as to how long you should have been husband-wife when applying for a k3 or a spouse visa?

[john_and_marlene 162]

My fiance and I are planning to apply for a K3 visa in about 2-3 months after we get married here in the Philippines next year. We have been in a relationship for more than 3 years now. I was wondering if there is a time requirement as to how long you should have been husband-wife when applying for a k3 or a spouse visa?

0 years, 0 days, 0 hours, 0 minutes, perhaps 1 second.

[elmo 0]

0 years, 0 days, 0 hours, 0 minutes, perhaps 1 second.

Thats what i thought! My father was telling me otherwise. He said there was a 2-year requirement. Thank you!

[john_and_marlene 162]

Thats what i thought! My father was telling me otherwise. He said there was a 2-year requirement. Thank you!

Give him 3 lashes with a wet noodle and explain that the only 2 year requirement is that it cannot be longer than 2 years since you had physically met your wife before filing the petition. If it has been more than 2 years since you have been in the same place with your wife, you would not meet the requirement.

[elmo 0]

Give him 3 lashes with a wet noodle and explain that the only 2 year requirement is that it cannot be longer than 2 years since you had physically met your wife before filing the petition. If it has been more than 2 years since you have been in the same place with your wife, you would not meet the requirement.

Noodle suggestion and time-requirement info, NOTED! Thanks again. No wonder i couldn't find it anywhere in the immigration website. It's because there is no such rule. Just wanted to make sure. Ü

[dale_trisha 3]

Noodle suggestion and time-requirement info, NOTED! Thanks again. No wonder i couldn't find it anywhere in the immigration website. It's because there is no such rule. Just wanted to make sure. Ü

Your father is also correct. the green card will be only good for 2 years if your married less than 2 year prior to getting the green card. So assuming you apply for the K3 or CR1 the next day and everything is goes smoothly, 6 months later they are in the US. With the CR1 the spouse has the GC and it is valid for 2 years and you will need to request for removal of conditions (more $). With the K3 at 6 months the spouse comes over, you do an AOS then a few months later the GC is awarded and its good for 2 years. Your back to removal of conditions as with the CR1.

Now if your married 2 years you slide past the 2 year GC and go straight to 10 years.

[pushbrk 12,898]

Give him 3 lashes with a wet noodle and explain that the only 2 year requirement is that it cannot be longer than 2 years since you had physically met your wife before filing the petition. If it has been more than 2 years since you have been in the same place with your wife, you would not meet the requirement.

The above is not correct. The two year requirement has nothing to do with spouse visas. To file a petition for a fiancee, the couple must have been together in person at some time during the two years prior to filing the petition.

Where two years come into play for a spouse is that if the visa is issued and entry to the USA occurs prior to the two-year anniversary of the marriage, the permanent resident status will be "conditional" and the green card good for only two year. During the 90 days prior to the green card expiration date, you begin a second immigration process called "removal of conditions".

The first step is to file a petition, not apply for a visa. You can't apply for a visa until the petition is approved, so there is no specific time frame for applying for a visa and you may file the petition as soon as you are ready with all documents and forms including a government issued marriage certificate.

K3 is not the currently available spouse visa though. Follow the CR1 visa guide. Start studying by clicking on the word "Guides" at the top of any page here.

0 years, 0 days, 0 hours, 0 minutes, perhaps 1 second.

Again, the question was about applying for a visa, not filing a petition. Your answer is correct for filing a petition. They are not the same thing. I know you know this and know it well. Please don't confuse the new members by interchanging terms that don't interchange.

[Tr. J 0]

My fiance and I are planning to apply for a K3 visa in about 2-3 months after we get married here in the Philippines next year. We have been in a relationship for more than 3 years now. I was wondering if there is a time requirement as to how long you should have been husband-wife when applying for a k3 or a spouse visa?

Hello! no time requirement but K3 visa per CFO officer told me, is for couple who were married less than a year.

That's great that you have been n a relationship for three years before getting married.

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Edited August 21, 2011 by Mrs. DiGiovanna