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Is K-3 appropriate given our situation?

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  • Is K-3 appropriate given our situation?

    Hello --
    My husband (Australian citizen) and I (American citizen) were married in Australia. I am now back in the U.S. but would like to move to Australia by the end of 2017. My husband would like to visit the U.S. for more than 90 days, but also leave by the end of 2017. Given this, would the K-3 Visa be the right visa to apply for? He is not looking for permanent residency or citizenship, just would like to stay more than 3 months.
    Thanks for the help!

  • #2
    Originally posted by snacks View Post
    Hello --
    My husband (Australian citizen) and I (American citizen) were married in Australia. I am now back in the U.S. but would like to move to Australia by the end of 2017. My husband would like to visit the U.S. for more than 90 days, but also leave by the end of 2017. Given this, would the K-3 Visa be the right visa to apply for? He is not looking for permanent residency or citizenship, just would like to stay more than 3 months.
    Thanks for the help!
    Hello,
    The K-3 is equivalent to getting a marriage based visa. It's for future permanent residency. It's aimed at expediting the CR-1, but it hardly ever works. That's why K-3 are out of favor with most people.
    In any case, any married based visa is aimed specifically at getting your spouse to the US for permanent residency. If he want's to just 'visit' here for a couple of months, he should just come on a tourist b2 and apply for an extension.
    --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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