Please help us Settle an argument about the Spouse visa process

[From_CAN_2_US 1,106]

2 hours ago, JeanneAdil said:

While you're waiting look into the process to get the criminal report from the UAE (just for the UK spouse) as it will be needed for the 2nd stage NVC and interview 

i hear it is a long wait to get one and to bad u didn't get it before leaving the UAE

for no longer in UAE the following site will help

 

https://u.ae/en/information-and-services/justice-safety-and-the-law/police-clearance-certificate

UAE police clearance is a breeze for former residents of UAE. You apply online with your EID and get it in a matter of days.

[TBoneTX 45,324]

A post that violates the site's Terms of Service has been removed.

[Ren & Osas 4]

On 11/10/2021 at 10:08 AM, MW9999 said:

Hi everyone, 

 

I hope you'll be able to help me out with some questions regarding spousal visas. Here's the situation. I'm from the UK, my wife is from the US (Florida) and we got married 8 years ago while we were both working in the UAE. We decided to leave the UAE earlier this year at which time she repatriated to the US and I returned to the UK (I hadn't seen family in about 2 years due to Covid and figured it was best to do so before applying for visas). Anyway my wife and I are currently trying to figure out how to start the process of applying for my spouse visa to the USA and we need an argument settled. She is of the opinion that I can enter the USA on my B2 visa and we can then file the I-130 once I'm in the country and I can wait it out there. This doesn't seem right to me as the B2 is classified as a tourist visa. I'm of the opinion that we need to submit the I-130 before I travel to the states and that to enter the US while it is processing I'll need to file for a K3 visa. Can anyone advise us as to which route we should follow?

Thanks in advance,

 

Matt.

Matt,

Your wife can apply at anytime now for you. You can visit her for up to 6 months at a time and possibly extend it to the maximum time. Additionally, you all can file for the I-130 and the K-3 visa at the same time. Once the K-3 gets approved, you can then come into the country and stay until the process is finished. There's nothing stopping you from using your B2 visa though but you can't overstay it and you can't work. I hope this helps. Just a caveat, there was someone in an immigrant visa group that I'm a part of that was visiting her husband on her B2 visa while she was waiting for her immigrant visa interview. CO asked how often she had gone to see her husband and she answered. Her immigrant visa was approved. Luckily, you already have the visa and aren't trying to get one. It will take many months to get that K3 approved. At least you will be able to see your wife while you wait. 

[Crazy Cat 41,898]

6 minutes ago, Ren & Osas said:

Matt,

Your wife can apply at anytime now for you. You can visit her for up to 6 months at a time and possibly extend it to the maximum time. Additionally, you all can file for the I-130 and the K-3 visa at the same time. Once the K-3 gets approved, you can then come into the country and stay until the process is finished. There's nothing stopping you from using your B2 visa though but you can't overstay it and you can't work. I hope this helps. Just a caveat, there was someone in an immigrant visa group that I'm a part of that was visiting her husband on her B2 visa while she was waiting for her immigrant visa interview. CO asked how often she had gone to see her husband and she answered. Her immigrant visa was approved. Luckily, you already have the visa and aren't trying to get one. It will take many months to get that K3 approved. At least you will be able to see your wife while you wait. 

The chances of a K-3 being approved are close to 0%.  In 2019, there were 5 approved world-wide......and fewer in 2020,  The K-3 is essentailly dead.

 

https://www.fickeymartinezlaw.com/immigration/consular-processing/k-3-visa-2019-fiscal-year-the-ever-diminishing-visa-option/

Edited November 15, 2021 by Crazy Cat

[TBoneTX 45,324]

Another post violating the site's Terms of Service has been removed.  Any more of this, and unpleasant administrative action will be next.

[Ren & Osas 4]

4 hours ago, Crazy Cat said:

The chances of a K-3 being approved are close to 0%.  In 2019, there were 5 approved world-wide......and fewer in 2020,  The K-3 is essentailly dead.

 

https://www.fickeymartinezlaw.com/immigration/consular-processing/k-3-visa-2019-fiscal-year-the-ever-diminishing-visa-option/

Matt,

This maybe true. It's a gamble but at this point everything immigration is a gamble. If they choose not to do it, it's certainly a good thing that the foreign spouse has a B2. At this point, we are talking about 1.5-2 years minimum before you all will receive an interview. The biggest advice is not to wait to file. However, if you all so choose to try the K3 visa, make sure you have everything ready at the same time for the I-130 and I-129 Petition. The process is to do the I-130 wait for proof of receipt and then do the I-129 providing proof of receipt of the I-130. Then, it's time. If, the I-129 gets approved before the I-130, then you're in luck. Otherwise, you will have to wait for the I-130. I hope this helps. 

[HRQX 4,145]

1 hour ago, Ren & Osas said:

Matt,

This maybe true. It's a gamble but at this point everything immigration is a gamble.

Not even a gamble. The I-129F being administratively closed is pretty much a certainty. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html

Quote

Important Notice:

When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

• The nonimmigrant K-3 visa case will be administratively closed.
• The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
• The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

 

There were only 2* K-3 visas issued in Fiscal Year 2021. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

 

*1 was issued in Mexico and 1 was issued in Pakistan; thus neither was issued in Europe where OP currently is.

1 hour ago, Ren & Osas said:

and I-129 Petition.

I-129F

[LEISEROM 32]

Its a good thing not to try it. A friend of mine told a woman he knew from China(who had a valid B2 from an earlier trip) to just come here and if they got along they would just go ahead and get married and work it out here. She got pulled aside at SFO airport and got interrogated in secondary inspection where they found copies of diplomas,etc in her luggage. They cancelled her tourist visa and sent her home.  Of course he hadnt talked to an attorney or read this forum. But he thinks he knows everything about everything. Of course he blamed everyone but himself.