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K1 or K3 visa

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  • K1 or K3 visa

    I came to US on a tourist visa for interviewing for medical residency. I got engaged to a US citizen and now we want to get married here while I am on toursit visa. I have to return to my home country by the end of the month or around that time.
    1. Can my spouse file for K3 visa after we get married and I can return to my home country after filing for K3?
    2. Can I re-enter the US on my tourist visa later while the K3 visa processing is still going on?
    3. If we do not get married in the US now and thus do not file for K3 visa, but get married in my country in March, can I still enter this country on a H1B visa? I presume I will have to disclose in my H1B application at consulate that I am married to a US citizen. Will that affect my chances of H1B getting stamped/approved at the consulate?

    Please advise.

    Thanks

  • #2
    1.- yes
    2.- probably not
    3.- yes, and probably not.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      K1 or K3 visa

      Thanks for your reply.

      1. If we get married in the US now, will my spouse have to file K3 visa while I am still in the US or only after I leave US. I thought that K3 visa can be filed only if we get married outside the US.
      2. I am on a toursit visa now. Can my spouse file for K1 visa while I am still in the US on my B1/B2? and then we will get married immediately after the filing of K1 visa. Can I leave USA after getting married and while my K1 processing is still going on? How much time is it usually taking for processing of K1 visas these days?

      Thanks

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