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K-3 USC living abroad - two questions

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Filed: Timeline

I should add....I strongly recommend going for the CR1/IR1 visa rather than the K-3. The K-3 is a non-immigrant visa that requires your spouse to adjust his status once in the USA, and permission to work is not a guarantee (though it seems to be fairly easy to get). With the CR1/IR1, your spouse gets a green card and permission to work immediately, and if he's a conditional resident (he will be if you've been married less than two years) all he has to do is remove conditions 2 years later. If it's the IR1, he's good to go for a decade.

The K-3 can be advantageous when you're living apart from your spouse because it can be (though isn't always) faster to process. Since y'all are living together already, I think it may be worth the extra processing time to get the full green card before you all go to the USA.

The IR1 is what my husband got, and there's a few of them in the UK forum too.

24 June 2007: Leaving day/flying to Dallas-Fort Worth

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  • 3 weeks later...
Filed: K-3 Visa Country: United Kingdom
Timeline

update: We have had our DCF visa application returned because the UK is not my primary residence (since I only arrived in September 2006). So it seems that DCF is not necessarily available to anyone who has limited leave to remain...

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update: We have had our DCF visa application returned because the UK is not my primary residence (since I only arrived in September 2006). So it seems that DCF is not necessarily available to anyone who has limited leave to remain...

Did you use your UK or US address on the form?

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US Immigration Timeline

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24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

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12 Oct 2007 - Sent Packet 3 back by special delivery

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30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

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  • 2 weeks later...
Filed: K-3 Visa Country: United Kingdom
Timeline

I used my UK address.

I see that you have a similar situation as me and were allowed to do it in London - maybe they just made a judgment call. The criteria doesn't seem very clear!

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Filed: Timeline
update: We have had our DCF visa application returned because the UK is not my primary residence (since I only arrived in September 2006). So it seems that DCF is not necessarily available to anyone who has limited leave to remain...

Awww, I'm sorry to hear that.

24 June 2007: Leaving day/flying to Dallas-Fort Worth

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