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Married in U.S., Living abroad, which Spouse Visa?

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  • Married in U.S., Living abroad, which Spouse Visa?

    Hi!

    I am confused as to which Visa to apply for my husband from Spain. We met in Spain and eventually got married in the U.S. in October 2015, and we went back to live in Spain. Now for his visa I don't know if we are supposed to file for the IR1 or the K3 because we currently live abroad, yet our marriage took place in the states.
    Any thoughts? Thank you!!!

  • #2
    He will do consular processing for an immigrant visa (IR-1). K-3 is obsolete and you won't get it. If the date he enters the US is after October 2017 he will become a non-conditional permanent resident.

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

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    • #3
      Originally posted by MikaelaB View Post
      Hi!

      I am confused as to which Visa to apply for my husband from Spain. We met in Spain and eventually got married in the U.S. in October 2015, and we went back to live in Spain. Now for his visa I don't know if we are supposed to file for the IR1 or the K3 because we currently live abroad, yet our marriage took place in the states.
      Any thoughts? Thank you!!!

      File for an IR/CR-1, spousal visa, I-130. Being you are still living in Spain complete the Direct Consulate Filing (DCF) through the embassy there (and USCIS office there), process is much quicker.

      If you are married 2 years or more at Poe your husband will receive a Permanent Green Card, if married under 2 years at entry he will receive a conditional green card.

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