From CR-1 Application Submission to Grant of Visa

[SusieQQQ 11,587]

36 minutes ago, SonofBaraka said:

First of all, many thanks to you for making it clear that we cannot get either a CR-1 or a K-1 visa. And for steering me to the guide. Before I continue, let me make clear that I am a U.S.citizen with a permanent U.S. address, I pay federal, state and local taxes and have resided at my current address for the past 5 years, which I own.

I did find an interesting visa - a K-3. Here is what it says:

"

What is a K-3 Visa? A K-3 Visa is issued to a non US Citizen who is married to a US Citizen. This is technically a non-immigrant multi-entry Visa with a validity of typically two years. During the two years that the K-3 visa is valid the holder may either file for Adjustment of Status (to become a Legal Permanent Resident of the US) or await their I-130 to be approved in which case they can return to their country to be issued an Immigrant Visa (upon entering the US on the immigrant visa they will become a Legal Permanent Resident). If the K-3 Visa Holder files for Adjustment of Status they may reside in the US while their Adjustment of Status application is processed. Children under 21 of a K-3 Visa holder may also be eligible to receive a K-4 Visa allowing them to enter the United States with their non US Citizen parent and ultimately as well apply for Adjustment of Status.   Unless I don't understand what it says, my soon-to-be wife could enter the U.S. legally for two years, with instructions about extending her visa,etc. If I am correct, my only concern is how long this takes. So please jump in an correct, modify or elaborate.

K1 and CR1 (k3 is obsolete) are paths to getting a green card - this is what adjustment of status to a legal permanent resident means. See the bit I bolded  above, this is the purpose of a K visa. You can’t “extend” a K visa, you use it as a first step to a green card  Yes you have the “right” (insofar as any immigration benefit might be considered a right) to get your wife one of those visas and the subsequent green card, but a green card has obligations that your wife will be unable to meet if you only plan to stay in the US for 8 months, and then she will lose the green card, and you’ll need a visa the next time you want to visit the US.  You don’t just get to keep a green card forever once you have it without fulfilling the requirements. 

 

Read this (note the tax obligation) https://www.uscis.gov/green-card/after-green-card-granted/rights-and-responsibilities-permanent-resident/rights-and-responsibilities-green-card-holder-permanent-resident and this (note the maintaining residence requirements) https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

 

 

 

Edited February 26, 2018 by SusieQQQ

[SonofBaraka 1]

8 minutes ago, SusieQQQ said:

K1 and CR1 (k3 is obsolete) are paths to getting a green card - this is what adjustment of status to a legal permanent resident means. See the bit I bolded  above, this is the purpose of a K visa. You can’t “extend” a K visa, you use it as a first step to a green card  Yes you have the “right” (insofar as any immigration benefit might be considered a right) to get your wife one of those visas and the subsequent green card, but a green card has obligations that your wife will be unable to meet if you only plan to stay in the US for 8 months, and then she will lose the green card, and you’ll need a visa the next time you want to visit the US.  You don’t just get to keep a green card forever once you have it without fulfilling the requirements. 

 

Read this (note the tax obligation) https://www.uscis.gov/green-card/after-green-card-granted/rights-and-responsibilities-permanent-resident/rights-and-responsibilities-green-card-holder-permanent-resident and this (note the maintaining residence requirements) https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

 

 

 

Now I am really confused. VJ's guide lists the K3 visa as current, with no referral to either K-1 or CR-1. I checked with the U.S. State Department and they, too, list the K-3 Visa as being current and standing alone:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html

 

Does anyone have other information?

[Crazy Cat 42,561]

7 hours ago, SonofBaraka said:

Now I am really confused. VJ's guide lists the K3 visa as current, with no referral to either K-1 or CR-1. I checked with the U.S. State Department and they, too, list the K-3 Visa as being current and standing alone:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html

 

Does anyone have other information?

K-3 visas are immigrant visas...just like CR-1 and K-1.  They almost NEVER approve them anyway.  They are almost always converted to CR-1 visas.....and again, they are for LIVING IN THE US, not for visiting a few months.  They also take at least as long as K-1.

 

In my opinion, your best bet is to:

 

1.  Your fiance enters the US with a tourist visa.

2.  You marry in Las Vegas (or somewhere inside the US).

3.  Return to Thailand before her authorized (stamped by the CBP officer when entering) stay expires

 

There just isn't a way for her to stay for 8 months unless you go the immigrant route which:

1.  Takes many, many months to get

2.  Is very expensive

3. She will lose upon leaving the US to live elsewhere

4.   You must prove domicile in the US for.

 

Everyone here will testify that the immigrant visa (CR-1, K-1) process is very long, expensive, and difficult.  In your case, a tourist visa is a much more appropriate avenue in every sense.

 

Good Luck.

Edited February 26, 2018 by missileman

[SusieQQQ 11,587]

8 hours ago, SonofBaraka said:

Now I am really confused. VJ's guide lists the K3 visa as current, with no referral to either K-1 or CR-1. I checked with the U.S. State Department and they, too, list the K-3 Visa as being current and standing alone:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html

 

Does anyone have other information?

Read the second post in this thread http://www.visajourney.com/forums/topic/657305-sponsor-for-k3-visa/

 

Again: If you want to get a quick visa that does not involve turning it into a green card, you need to apply for a tourist visa, bearing in mind the limitation of 6-month visits. 

 

 

 

[Ryan H 3,834]

K visas cannot be filed for via DCF.