Spousal visa (k3) I-130, I have a few questions,....

[jodee 30]

Ok,...here's the story,..

I have a friend here living in Germany, she is Slovakian by birth. She is married to a military member who is stationed here also in Germany, but he is currently in Iraq. She is currently trying to start the I-130. She is unsure, of how much longer they are here in Germany before they go back stateside.

My question is?

How long is the spousal visa valid for once issued? , is it a once only entry visa?, or is valid for more than one entry?. And if that is the case, how many entries to the USA is it valid for?

Next question,..

If they are married less than two years at time of activation, does AOS need to be completed?, or are you automatically issued a greencard after activation of Visa? I assume it will be a two year green card, please correct me if I am wrong.

If married more than 2 years at time of activation, does AOS need to be completed?, or once again, is a greencard issued automatically? And will it be a ten year greencard in this case?

Do not worry about residency requirements for greencard issuance, as a military spouse, you do not need to meet the requirements that USCIS set, especially if stationed overseas...we already know this as I personally went through this, after a K1, and AOS, and lifting of Conditions.

Please excuse my ignorance in regards to the spousal visa. i did a K1, and its slightly different. I just want to get the right answers before she starts this. We are also aware of the I-129f,and other docs required after the NOA1 is issued for the I-130, but do not want to get too far ahead of ourselves at this stage.

any help greatly appreciated,..

Jodee

[MargotDarko 0]

I believe reading the guides will answer all your questions, but I'm bored at work so I'll reply

The I-130 carried through to the end results in either a CR1 or IR1. The CR1 is issued for couples married less than two years at the time of the interview, and the IR1 is for couples married two years or more at the interview. Both expire within six months. After the first point of entry, the foreign spouse will be issued a greencard (two year card if married less than two years and ten year card if married more than two years).

No adjustment of status is needed with an immigrant visa. The green card (two year or ten year) allows for indefinite multiple entries. The foreign spouse will need to be careful to not spend too much time outside of the states as that can compromise their permanent resident status.

For spouses, the 129F is never needed unless they want a K3 visa, and it doesn't sound like they would want it in this case as they aren't dealing with being separated.

Edited March 14, 2007 by MargotDarko

[MargotDarko 0]

Also, if the two year green card is issued, they will apply for removal of conditions 90 days or less before it expires. If the ten year green card is issued, nothing has to be done for ten years. Three years after the first point of entry, the foreign spouse can apply for US citizenship.

[meauxna 15]

hey jodeeeee, check out the DCF Guide here--that is the process they will be doing, so it will probably help her to read it.

Ok,...here's the story,..

I have a friend here living in Germany, she is Slovakian by birth. She is married to a military member who is stationed here also in Germany, but he is currently in Iraq. She is currently trying to start the I-130. She is unsure, of how much longer they are here in Germany before they go back stateside.

My question is?

How long is the spousal visa valid for once issued? , is it a once only entry visa?, or is valid for more than one entry?. And if that is the case, how many entries to the USA is it valid for?

The VISA is valid for one use only. However, once it has been used, she becomes a Permanent Resident. The visa gets a stamp at tentry and becomes an alternate version of the Green Card. She can use that to enter the US as many times as she likes; the stamp will be valid for one year, but she should receive her GC before that.

Next question,..

If they are married less than two years at time of activation, does AOS need to be completed?, or are you automatically issued a greencard after activation of Visa? I assume it will be a two year green card, please correct me if I am wrong.

Not AOS. If she gets an Immigrant Visa (CR-1), she becomes a PR at entry. AOS is also for becomming a PR, but a different path. See above. Yes, it's a two-year card for a new marriage, same as any other.

If married more than 2 years at time of activation, does AOS need to be completed?, or once again, is a greencard issued automatically? And will it be a ten year greencard in this case?

If married +2 years by the time she enters the US for her first use of her Immigrant Visa, her PR class is IR-1, her Green Card is valid for 10 years, and she does not need to file I-751 to Remove Conditions.

Edited March 14, 2007 by meauxna