American/Italian dual citizen + Dutch citizen living in Italy. Want to move to NYC. What are our options?

[dottiesmom 2]

We're both freelancers, so thankfully we have a lot of flexibility.

[dottiesmom 2]

Hi guys. This forum is such a wealth of information, so thank you very much!

 

If I marry my non-US spouse while we are both living abroad, is it possible for him and I to move to the US while the spousal visa is processing? What might a very general timeline look after marrying?

 

He is Dutch and I am American (with dual Italian citizenship). 

 

Thank you.

[designguy 1,179]

No he can not. 12-18 months ish for the visa 

[HRQX 4,145]

8 minutes ago, dottiesmom said:

If I marry my non-US spouse while we are both living abroad, is it possible for him and I to move to the US while the spousal visa is processing?

There is only 1 nonimmigrant visa (that allows dual intent) and that he would technically be eligible for: the K-3. But that visa is very rare: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2019AnnualReport/FY19AnnualReport-TableXVI-B.pdf Page 2

 

The new administration claims to support "family unification" https://joebiden.com/immigration/ As president, Biden will support family-based immigration by preserving family unification as a foundation of our immigration system; by allowing any approved applicant to receive a temporary non-immigrant visa until the permanent visa is processed

[aaron2020 11,651]

Hi,

 

It's not possible for your spouse to come live in the US while the spousal visa is processing.  The spousal immigration process will take about 12-18 months.  

[Boiler 45,557]

Yep, now exactly what Biden's NIV will look like not sure, presume it will be a reinterpretation of an existing category, he has not been clear.

 

And whether it will come with work authorisation? That seems unlikely.

 

In the mean time should there be some other visa he would qualify for that would allow him to live in the US he could go for that.

[Penguin_ie 5,994]

***** two similar threads merged.  Please only post once on the same/ similar issues.  If you have follow on questions, post them here, in this thread. ******

[Chancy 6,241]

36 minutes ago, dottiesmom said:

If I marry my non-US spouse while we are both living abroad, is it possible for him and I to move to the US while the spousal visa is processing?

 

I answered this already in your other post.  Your future spouse cannot move to the US while waiting for his spouse visa.  If he has ESTA or a tourist visa, he can visit and stay for as long as CBP allows (usually 90 days max on ESTA).  While he is visiting, he is not allowed to work.

 

[dottiesmom 2]

You did, but I also saw this:

 

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F, Petition for Alien Fiancé(e). Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the K-3/K-4 Nonimmigrant Visas page.

[HRQX 4,145]

1 minute ago, dottiesmom said:

For more information, see the K-3/K-4 Nonimmigrant Visas page.

Click on that link:

because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.

[aaron2020 11,651]

22 minutes ago, dottiesmom said:

You did, but I also saw this:

 

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F, Petition for Alien Fiancé(e). Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the K-3/K-4 Nonimmigrant Visas page.

The K-3 is rarely granted.  You can apply, but the K-3 petition will be administratively closed once USCIS approves the I-130.  

If there was a way for you and your husband to be together, we would tell you.  Nothing to be gained by hiding it from you.  The sad truth is that separation is part of immigrating to the US.  It's unavoidable if you wish to return to the US during the process.  If you want to be together throughout the process, then you will need to wait with him abroad. 

Edited December 6, 2020 by aaron2020

[Chancy 6,241]

30 minutes ago, dottiesmom said:

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending.

 

In FY 2019, there were 5 K3 visas issued.  In the whole world.  K3 is practically obsolete.  Of course, you are still allowed to file as USCIS will gladly take your money.  But as others have mentioned, the petition will most likely not even get to the embassy.

 

[HRQX 4,145]

17 minutes ago, Chancy said:

Of course, you are still allowed to file as USCIS will gladly take your money.

There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa. https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

[Chancy 6,241]

5 minutes ago, HRQX said:

There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa. https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

 

Ah right.  Thanks for the correction.  I was thinking of the I-129F fee for petition for fiance.

 

[igoyougoduke 1,656]

1 hour ago, dottiesmom said:

Hi guys. This forum is such a wealth of information, so thank you very much!

 

If I marry my non-US spouse while we are both living abroad, is it possible for him and I to move to the US while the spousal visa is processing? What might a very general timeline look after marrying?

 

He is Dutch and I am American (with dual Italian citizenship). 

 

Thank you.

to answer your question in simple terms : there is no boy friend visa for the guy to come and stay in New york while USCIS is processing the visa. He can visit however during the process.