Visiting U.S. after marrying

[JonLisa 1]

I'm a natural born citizen of the U.S.  I married my husband in the U.S. on June 23, 2019 during one of his visits from the Dominican Republic using his 10 year Visitors Visa he acquired in March 7, 2017. He has only spent a total of 12 days here in 2019. We are working on the K3. He wants to visit soon but heard from someone that since we are married he cannot visit again until the K3 is complete. TRUE?!

[payxibka 10,047]

5 minutes ago, JonLisa said:

I'm a natural born citizen of the U.S.  I married my husband in the U.S. on June 23, 2019 during one of his visits from the Dominican Republic using his 10 year Visitors Visa he acquired in March 7, 2017. He has only spent a total of 12 days here in 2019. We are working on the K3. He wants to visit soon but heard from someone that since we are married he cannot visit again until the K3 is complete. TRUE?!

Are you sure about the k3?  Only a handful of k3s were issued in the past year worldwide 

[Duke & Marie 1,389]

10 minutes ago, JonLisa said:

I'm a natural born citizen of the U.S.  I married my husband in the U.S. on June 23, 2019 during one of his visits from the Dominican Republic using his 10 year Visitors Visa he acquired in March 7, 2017. He has only spent a total of 12 days here in 2019. We are working on the K3. He wants to visit soon but heard from someone that since we are married he cannot visit again until the K3 is complete. TRUE?!

False... provides his B2 is valid he can visit provided there is no intention on his staying with view to adjust status 

[JonLisa 1]

3 hours ago, Duke & Marie said:

False... provides his B2 is valid he can visit provided there is no intention on his staying with view to adjust status 

Thank you very much for your input. We appreciate your time and interest. Could you share with us please what's a B2?

[JonLisa 1]

3 hours ago, payxibka said:

Are you sure about the k3?  Only a handful of k3s were issued in the past year worldwide 

Uh oh! Bad idea to apply for spousal visa?

[Duke & Marie 1,389]

10 minutes ago, JonLisa said:

Thank you very much for your input. We appreciate your time and interest. Could you share with us please what's a B2?

A B2 is His visitor visa... tourist visa.. or visa waiver.. if it’s still valid, he can still visit the USA provided he has no intention of staying.. 

[Duke & Marie 1,389]

15 minutes ago, JonLisa said:

Uh oh! Bad idea to apply for spousal visa?

They meant filing for k3 only is a bad idea... they are rarely issued.. less than 10 per year.. 

 

its better to file CR1/IR1 and then after a few months submit F129(k3 free of charge) to try speed up the approval of i130 CR1/IR1.. There are some reported cases of the f129 nudging uscis into processing the i130.. but like everything it’s not guaranteed And I wouldn’t recommend holding your breath. 

[JonLisa 1]

10 minutes ago, Duke & Marie said:

They meant filing for k3 only is a bad idea... they are rarely issued.. less than 10 per year.. 

 

its better to file CR1/IR1 and then after a few months submit F129(k3 free of charge) to try speed up the approval of i130 CR1/IR1.. There are some reported cases of the f129 nudging uscis into processing the i130.. but like everything it’s not guaranteed And I wouldn’t recommend holding your breath. 

That is a lot of great information!!!! Thank you so much!

[Ryan H 3,819]

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.

[LilyJ 1,258]

On 1/3/2020 at 1:16 AM, JonLisa said:

Uh oh! Bad idea to apply for spousal visa?

Not a bad idea it’s just that K3 is essentially a dead visa. Only 4 were issued worldwide last year. Your case will instead be converted into a CR1/IR1 case automatically, since USCIS will likely just approve your I130 and deny the I129f, making it into CR1/IR1

[Naomi1984 12]

I used my visitor visa in November last year after getting married in December 2018. No isses at all. I brought with me evidence that I was going back home (copy of lease, letter from employer) but didn't need to show any of it.