Must you be seperated to file for a k-3?

[jeni2007 0]

My husband (the US Citizen) and I are not separated he is living here with me in Mexico as a tourist and will remain here through the i-130 process we are about to begin. We are also considering filling for the k-3 in case it get's approved quicker. My husband went to the US embassy in Mexico this morning and he was told that you must be seperated for at least three months in order to file for the k-3 visa. Has anyone else heard this? Can you file while living together from abroad? I guess since he is considered a tourist here, we are not technically living together and he can use his parent's address to file.

Any suggestions?

[orimai 2]

I've never heard anything like that. As a matter of fact I only spent 30 days in the US after our wedding before I returned back to my wife's country to wait out the visa process. I did file the I-130 from the US, but I don't see how that would have any baring on the case. The entire process nobody was ever concerned about where I was and I spent an entire year in the Philippines after submiting the I-130. The I-129f I filed from the Philippines and ran into no issues whatsoever. Nobody even questioned it, not even the interviewing consular officer. We also pursued both CR1 and K3 visas and ended up receiving both interview dates which happened to be within 2 weeks of eachother. I believe all they want is that your american spouse is domiciled in the US, it doesnt matter if he is with you or not. So make sure he has a residence in the US is all. Hope this helps

Orimai

My husband (the US Citizen) and I are not separated he is living here with me in Mexico as a tourist and will remain here through the i-130 process we are about to begin. We are also considering filling for the k-3 in case it get's approved quicker. My husband went to the US embassy in Mexico this morning and he was told that you must be seperated for at least three months in order to file for the k-3 visa. Has anyone else heard this? Can you file while living together from abroad? I guess since he is considered a tourist here, we are not technically living together and he can use his parent's address to file.

Any suggestions?

[YuAndDan 153]

No you can file for the K-3 in your situation. Just mail in the I-129F with NOA1 from the I-130

Note, The K-3 can be an expensive visa undertaking, AOS from K-3 is $1010, you just may want to stick with the CR-1, it takes just a bit longer than K-3, I have been seeing cases where the CR-1 reaches the consulate at the same time or a few weeks later, and the consulate tosses the K-3 in favor of the CR-1.

The CR-1 results in green-card, and work authorization upon entry to the USA the K-3 does not, you then have to file AOS for $1010, and can wait quite a lot of time waiting for Green-Card.

Edited August 9, 2007 by YuAndDan

[jeni2007 0]

I just found this to answer my own question on the USCIS website. I apologize for the confusion, my husband may not have understood correctly or may have recieved the wrong information.

If you are filing abroad:

File Form I-129F with the service center listed belowbased on the last place you lived in the United States.

NOTE: Your petition cannot be adjudicated at a USCISoffice abroad.

California Service Center Filings

File Form I-129F with the California Service Center if youlive in:

Alaska, Arizona, California, Colorado, Guam, Hawaii,Idaho, Illinois, Indiana, Iowa, Kansas, Michigan,Minnesota, Missouri, Montana, Nebraska, Nevada, NorthDakota, Ohio, Oregon, South Dakota, Utah, Washington,Wisconsin, or Wyoming.

Mail your Form I-129F package to:

USCISVermont Service CenterAttn: I-129F75 Lower Welden StreetSt. Albans, VT 05479-0001