Apply for K3 Visa or Residency (Green Card) for Spouse

[jakedankers 0]

Hello. This is my first post on the forum. I have been reading many of the previous posts but cannot seem to find anything on the following question.

I am an American citizen, who lives here in the US, and will marry (In Venezuela) a Venezuelan citizen, this year. I have been reading all about the process of submitting the I-130 at

http://www.visajourney.com/forums/index.ph...mp;page=k3guide

Furthermore I am aware of the requirements of marrying a foreigner which can be viewed here.

http://www.uscis.gov/graphics/howdoi/hdiknonimm.htm

Additionally, you can read on how to legally marry a Venezuelan citizen directly from the us consulate in Caracas Venezuela.

http://caracas.usembassy.gov/wwwh2599.html

I am currently working on the above process (marrying in Venezuela) because it is rather detailed and quite a few steps need to be followed. Furthermore, the us embassy is Venezuela is very hard to deal with, and many people are denied quite often.

My question is the following. After reading all of the above, I decided to go to an Immigration lawyer in order to make sure that I was not missing anything. The lawyer advised me the following.

According to the lawyer, I was in good position to bring my spouse directly as a Green Card holder instead of with the K3 visa. The lawyer mentioned that we have plenty of time after I mentioned that my spouse will not be arriving to the USA until July 2007. The lawyer stated that applying for residency directly will be cheaper and better for us. The firm will process and fill out all the necessary forms for $1000.

Questions

1) Can you guys please tell me what she is referring to? I have not read anything concerning this. I thought the only two options were K1 for fiancée and K3 for spousal visa (which we would then apply for residency after she comes in with K3).

2) I believe that I can fill out all the necessary paperwork for the K3 without the need of a lawyer, but now with her proposition of coming in as a Resident, I am considering using the lawyer instead.

[gag54611 1]

Jake,

The lawyer is referring to what is known as a CR-1. You can get details about it on this VJ page. It doesn't seem any more complex than the K-3, so you may want to save your $1,000.

Best of luck,

G

Edited October 17, 2006 by gag54611

[jakedankers 0]

Jake,

The lawyer is referring to what is known as a CR-1. You can get details about it on this VJ page. It doesn't seem any more complex than the K-3, so you may want to save your $1,000.

Best of luck,

G

Thankyou very much G, I will read all about it. I already printed out the forms.

That is what I was looking for.

The laywer also pointed out that this would be faster than the K3 route and my spouse would come to the USA straight with the Green Card. I agree, i think I can do it all on my own and save some money.

Do you know if this is in fact the best route? Is there anything else (personal opinion) you can tell me about this option, Pros/Cons?

Jake

[Yodrak 7]

jakedankers,

She is referring to applying for an immigrant visa, which up until a few short years ago was the only way to bring a spouse to live in the USA (on the basis of being a spouse).

Actually, there's less paperwork to do, start to finish, for the immigrant visa than for a K3 visa. You have to do all the same forms for the K3 visa (with 2 exceptions) that you have to do for the immigrant visa, plus more.

Yodrak

Questions

1) Can you guys please tell me what she is referring to? I have not read anything concerning this. I thought the only two options were K1 for fiancée and K3 for spousal visa (which we would then apply for residency after she comes in with K3).

2) I believe that I can fill out all the necessary paperwork for the K3 without the need of a lawyer, but now with her proposition of coming in as a Resident, I am considering using the lawyer instead.

[Peikko 1,575]

Not sure about the time lines going through Venezuala, but in the UK it's running at about a 6 month wait from filing to visa with K3 and around 9/10 months for the IR/CR-1

Good luck with your journey

[jakedankers 0]

Thanks alot. I did not notice that there was a section specifically for CR1 type visas. Once I get married in november I would have about 8 months time before she (spouse) comes in July of 2007.

It seems like I have plenty of time to wait.

I have one more question. After our marriage in Venezuela, my spouse and I are returning together to the USA 2 days after the wedding. She will stay for 1 month with me here in the US, with her tourist visa. I asked the lawyer this question and supposedly this is not a problem. As long as she answers any question honestly in customs, there is no harm in entering as a tourist and leaving 4 weeks later. Do you guys agree?

Th lawyer did stress to instruct my spouse to only answer what they ask, and no more. If they ask where she will stay, say family and friends. If they ask no more, then say no more. If they ask the name of the person where she is staying, then don't lie and tell them my name. If they ask if she's married, then say the truth. The last thing she should do is lie.

What do you guys think?

[kim&james 0]

coming to the US after you have married can be a bit dicey whether or not she will be allowed in at the POE. Best advice is to make sure that you have plenty of evidence that your wife will return to her country when she has finished her visit.

Some people come and have no problem at entry, some have been turned away but be prepared and cross your fingers.

[jakedankers 0]

coming to the US after you have married can be a bit dicey whether or not she will be allowed in at the POE. Best advice is to make sure that you have plenty of evidence that your wife will return to her country when she has finished her visit.

Some people come and have no problem at entry, some have been turned away but be prepared and cross your fingers.

Thanks lot. I think it would be a great idea for her to come with a letter from work showing that she is on vacation. She is also in school obtaining a Masters. A student ID would also be a good idea I believe.

Due to the Venezuelan elections in December with Chavez, all school for December is cancelled.

[Yodrak 7]

jakedankers,

I think you should listen to your attorney and follow their advice. If you're unsure about anything they tell you ask for clarification, do not assume.

Yodrak

Thanks alot. I did not notice that there was a section specifically for CR1 type visas. Once I get married in november I would have about 8 months time before she (spouse) comes in July of 2007.

It seems like I have plenty of time to wait.

I have one more question. After our marriage in Venezuela, my spouse and I are returning together to the USA 2 days after the wedding. She will stay for 1 month with me here in the US, with her tourist visa. I asked the lawyer this question and supposedly this is not a problem. As long as she answers any question honestly in customs, there is no harm in entering as a tourist and leaving 4 weeks later. Do you guys agree?

Th lawyer did stress to instruct my spouse to only answer what they ask, and no more. If they ask where she will stay, say family and friends. If they ask no more, then say no more. If they ask the name of the person where she is staying, then don't lie and tell them my name. If they ask if she's married, then say the truth. The last thing she should do is lie.

What do you guys think?

[Reba 2]

Have her bring along plenty of evidence that she will in fact return to Venezuela after her 4 week vacation. A letter from her employer stating that she is expected back on a specific date, and even a memo from the school stating that she is to return to classes on a specific date. And if she pays rent, have a letter from her landlord, or a copy of the agreement showing that she is still listed as a resident with obigations to pay rent til a specific date.

There are no guarantees of course, she may still be denied entry even with all this evidence, but the best she can do is try. And never never lie to a CBP officer, it'll come back to bite you in the ### sooner rather than later.

[CarolineM 0]

Since you are paying all this money to an atty - why not just accept her word and advice - instead of asking us our opinion...

otherwise, why pay the money? She is an immigration atty - we're just people who married foreigners.

[jakedankers 0]

Thanks alot. The problem is that I'm not sure if I want to use the attorney. I already printed out the forms and they don't seem very complicated at all. I simply paid the attorney for a one hour consultation but I think I'm going to do it on my own (without the help of a lawyer).

Thanks Rebecca for the information. She will have to get all that evidence.

[jakedankers 0]

Just wanted to update everyone. My wife decided to stay here in the USA after her trip here in December. The officer never gave her one bit of trouble at the POE and granted her a 6 month tourist visa. All he asked her was “where are you staying here?”. She gave him my address . He even joked around with her! After that, we enjoyed our first few months here in the USA, and filed for her permanent resident status in late March. Today, we had our interview in Miami, and everything went perfectly. She now has a valid permanent resident stamp on her passport and are waiting for the green card to arrive via mail. Everything in 4 months time! Amazing! I had always heard it took 9 or 10 months.

Thanks again for the advice last year.

Here is a link to my review about the Miami office interview.

http://www.visajourney.com/reviews/index.p...nty=&page=1

Jake

[MargotDarko 0]

Just wanted to update everyone. My wife decided to stay here in the USA after her trip here in December. The officer never gave her one bit of trouble at the POE and granted her a 6 month tourist visa. All he asked her was “where are you staying here?”. She gave him my address . He even joked around with her! After that, we enjoyed our first few months here in the USA, and filed for her permanent resident status in late March. Today, we had our interview in Miami, and everything went perfectly. She now has a valid permanent resident stamp on her passport and are waiting for the green card to arrive via mail. Everything in 4 months time! Amazing! I had always heard it took 9 or 10 months.

Thanks again for the advice last year.

Here is a link to my review about the Miami office interview.

http://www.visajourney.com/reviews/index.p...nty=&page=1

Jake

Wow... you got really lucky.