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  • Options for foreign spouse

    Hello everyone! I've been living overseas most of my life but I was born in the US to US citizen parents. I met my fiancé where I'm currently residing, we've been engaged for over a year but haven't gotten married mostly due to financial reasons. The economic situation here isn't easy, we own a business but the income isn't enough to raise a family which is what we'd like to do (also security reasons are a concern, crime etc).

    We decided to look for other opportunities in the US since I have a greater chance of finding a decent job there. Luckily, an amazing opportunity presented itself to me but I need to be there in about a month and I don't want to pass it up. We also don't want to leave my fiances home country without making our relationship official, primarily so her family can be a part of the ceremony. Also, it makes sense for her to feel some stability in the US so she can work as well. She's well educated, speaks English fairly well and is the equivalent of a CPA in her country.

    The issue as mentioned, is the time frame. She has a visitor's visa to the US which is still valid for another 5 years. We're currently weighing our options. Should we go ahead and submit the I-130 and possibly apply for a K-3 concurrently? Or is there any issue if she enters on her visitors visa and we file all the necessary paperwork once she gets there? Are there any risks involved if we do the latter? One of my concerns is the time involved. I can realistically submit the I-130 before I leave but that would involve her waiting it out for who knows how long.

    I appreciate anyone's insights into the matter! Thanks

  • #2
    K-3 is obsolete. Nobody gets K-3s anymore because the I-130 will be approved first. She will get an immigrant visa directly.

    She should not enter the US on a visitor visa with intention to do Adjustment of Status during that stay.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      But how long is taking for an I-130 to be approved for a spouse outside USA?

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      • #4
        Nowadays the spousal is 14-24 months depending on a host of variables.
        --Good luck--
        Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

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