Our options (K-3)

[karl.vizmatik 0]

Before going into details I'd like to say a few words about our current situation and how we got here: I (US and Polish) citizen and my wife (Polish citizen) got married in June 2010 in Poland. Soon after I got a job offer in US, which I accepted and we both arrived here in the fall of 2010. My wife entered US on her B1/B2 visa, which at the time was valid till 2020, with a 6 month approved stay. She overstayed her visa as we were desperately trying to conceive a child - unfortunately with little success, but I'll get to this later. In a meantime I filed all the necessary AOS (I-130) paperwork, which was approved in November of 2011. At this point we knew that we'll be going back to Europe, but not before my wife is with a child (I forgot to mention that we're both in our 30s and every month "counts"). Last fall she finally did get pregnant, but unfortunately she miscarried only three months later, so by doctor's order we might be looking at a "3-6 month break", which means this is the time get our other affairs in order - including visa / immigration status.

Again as things stand right now, we do not plan on living in the US, so permanent residency application makes little sense, since she'll not be able to maintain her residency requirements for the unforeseeable future. Looks like K-3 visa is our best (only?) option, but if I understand it correctly she would have to leave US immediately, before I file the I-129F petition and wait in Poland for the Consulate in Warsaw to call with an interview date. I expect that we'll be denied, because she did overstayed her B1/B2 visa, and we'll have to file an appropriate, post interview waiver - is this correct? Finally do we have any other options, which would allow my wife to travel freely to and from US?

[belinda63 3,038]

If you aren't planning on living in the US there is no need to file for an immigrant visa. To keep a green card she would have to reside in the US, which you state you do not plan to do. She can attempt to apply for a waiver for a non-immigrant (tourist) visa so she can travel to the US for visits, but the chances of the waiver or even a tourist visa being approved are slim to none.

[Cathi 5,757]

A k-3 is not a stand alone visa, the I-129f for the k-3 must be filed concurrently with a pending I-130 , it was designed to bypass the long waiting period and separation that used to occur years ago with a pending I-130, and reunite families when it took a very long time to adjudicate the I-130. It is obsolete now, and rarely, if ever issued anymore, because the I-130 is processed in a more timely manner now. Either way, without a pending I-130 the k-3 it isn't a viable option for you. The overstay and impending ban is a totally different story.Good luck

[karl.vizmatik 0]

So we are really out of options. If we ever have kids and I'd like to take them to visit my parents (who currently live and plan on staying in the US) she would not be able to accompany me for the next ... 10 years?

[TBoneTX 45,329]

*** Thread moved from K-3 Process forum to General Immigration Discussion -- not a K-3 process issue. ***