Help with applying for my wife's immigration Visa

[Randazzinator 0]

Ok, so my situation is a little bit different then any other story/advice I can find anywhere and contacting the consulate offices hasn't really helped because nobody seems to be able to give the correct answers. Everything seems to change everytime I ask someone or look somewhere else.

To start, I am a U.S. citizen and I met my wife during my last year in the Military while stationed in Italy. We never wanted to rush getting married simply on the basis of speeding up the green card application even though I know it is a little bit easier while still in the Military. So at the time we finally got married I was already out of the military and in Italy on my passport. Our marriage certificate is totally good and at this current time I am still in Italy with my wife and we are ready to start the Visa/Immigration process. Although I haven't been back to the States since we've been married so the U.S. gov't does not yet recognize the marriage for me yet. Most situations I see are when the Sponsor is in the states while the wife/husband is still in the host country so I've been having a lot of difficulty getting the best answers.

If you can help with any of this questions it will be highly appreciated:

1. My wife has had a B-1 travel Visa to visit the U.S. and it won't be a problem getting it renewed. Yet the answers to whether or not she can come to the U.S. on the B-1 and apply for a AOS (Adjustment of Status) seems to be 50/50 with half the answers I see say she can and the other half saying no and that it is illegal. I asked this question first because if we can apply for the AOS off of the B-1 Visa it would certainly be the quickest way for us to be in the States.

2. Or, do I just simply need to file the I-130 Petition for Alien Relative and wait for a response from the Consulate? And then start the K-3 Visa so we can go back to the States while the I-130 is being processed? Since I am still in Italy with her I think the interview process for us will be much smoother but I still haven't found a good answer on all the steps that come after sending the initial I-130 so I am not sure if me being in Italy with her will effect us in a negative or positive way during the whole process.

Also I keep seeing a lot of people saying to apply for the K-3 and also not to bother with the K-3. The biggest confusion with me regarding the K-3 Visa is that you apply for and recieve it while the I-130 is pending. Once the I-130 is approved my wife would recieve her greencard correct? I don't understand why/how people apply with the I-130 (PFAR), then the K-3, and while waiting for the I-130 to be approved they start a AOS with their K-3 status while in the States and resubmit all the paperwork they have already done?

I'm sorry I just don't know what to do. I have to be definately missing something in this process. If my grammar is messed up or I wrote this to where it doesn't make sense, I'm sorry, I was in the Army so my brain don't work too good now Once again thank you for any help.

[canadian_wife 1,829]

Ok first, your marriage is recognized in the US. Married in Italy means married in the US

Now, coming to the US on a tourist visa with intentions of immigrating is visa fraud and is illegal. Not everyone gets caught as not everyone is forthcoming with thier intentions (which I call lying by the way). Is it is risk? Absolutly, is it one you're willing to take? It wasn't for me

The K-3 is dead. You're going to want to file the I130 for the spousal visa. Click on the 'guides' tab at the top and start reading ok?

Finally, a question, are you in Italy as a tourist?

Good luck

[ceadsearc 516]

1. It's illegal. Adjustment is only allowed when entering without intent.

2. The K3 is dead. Unless DCF is offered where you live, you'd be looking at the CR-1 process. She would become an LPR upon entering the US with that visa.

[Randazzinator 0]

Ok first, your marriage is recognized in the US. Married in Italy means married in the US

Now, coming to the US on a tourist visa with intentions of immigrating is visa fraud and is illegal. Not everyone gets caught as not everyone is forthcoming with thier intentions (which I call lying by the way). Is it is risk? Absolutly, is it one you're willing to take? It wasn't for me

The K-3 is dead. You're going to want to file the I130 for the spousal visa. Click on the 'guides' tab at the top and start reading ok?

Finally, a question, are you in Italy as a tourist?

Good luck

Cool it's recognized. I didn't know, but yeah I had to get the papers from the Milan Consulate showing I wasn't married and everything before getting married.

For your question, yes I am in Italy as a tourist. I'm not working or anything just staying with my wife and her family at this time.

[canadian_wife 1,829]

http://www.visajourney.com/content/i130guide1

Then this is the guide you need, start reading

Good luck

[Randazzinator 0]

http://www.visajourney.com/content/i130guide1

Then this is the guide you need, start reading

Good luck

Thank you again, it's great to get a clear answer and so fast.

[aaron2020 11,651]

Cool it's recognized. I didn't know, but yeah I had to get the papers from the Milan Consulate showing I wasn't married and everything before getting married.

All foreign marriages are legal in the US unless it's against public policy or federal laws; bigamy, polygamy, same-sex, and a few others.

You Italian marriage is legal in the US.

The paperwork stated that you weren't married because at the time you weren't. You got married after you got the paperwork.

The Italians (or any other foreign government) will not inform the US that a US citizen got married. The US government would only know about your Italian marriage when you inform them.