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Moving to the US while K3 is processing?

By akays in K-3 Spouse Visa Process & Procedures

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akays Newbie

akays   0

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Hi friends! I’m just wondering if anyone here has experience with their partner moving to the US before their k3 is approved? My spouse is in finland and I am in the US. We are tired of being apart and I’m wondering how there are so many people living in the US while waiting on their visa. Any advice is appreciated! 

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted (edited)

On what visa would he move to the US...? He needs an appropriate visa to live in the US (a tourist visa would not be appropriate).

Edit: Also, K-3 will almost certainly be stopped - the I-129F will be denied and I-130 remain open to complete a CR-1/IR-1 visa. K-3 is obsolete.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Crazy Cat Grand Master

Crazy Cat   41,822

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

A person can not live in the US during the process.  However, the spouse can make short visits with the proper visitor visa/ESTA.  Everyone gets tired of being apart.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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akays Newbie

akays   0

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1 minute ago, missileman said:

A person can not live in the US during the process.  However, the spouse can make short visits with the proper visitor visa/ESTA.  Everyone gets tired of being apart.

Thanks! That is what we are doing now. I am wondering what the adjustment of status is for then? Like there must be a way that people come here and then file that. 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
Just now, akays said:

Thanks! That is what we are doing now. I am wondering what the adjustment of status is for then? Like there must be a way that people come here and then file that. 

AOS is for people already in the US. It would be fraud to come to the US with intent to file for AOS.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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James D Explorer

James D   39

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Filed: IR-1/CR-1 Visa Country: Brazil
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On 10/6/2019 at 6:24 PM, akays said:

Thanks! That is what we are doing now. I am wondering what the adjustment of status is for then? Like there must be a way that people come here and then file that. 

From what I have read, once the 129f K3 is issued your foreign spouse can come to the USA while the  IR-1 is in progress. BUT - the 129f is rarely approved. I (USC) was considering a 129f for my wife  but disregarded it for two reasons - we both live overseas and we are already 12 months into the I-130 so little time to gain if approved.  Give details on your timeline sheet and you will get better answers.

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