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K-3 and I-140

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  • K-3 and I-140

    Can my husband try to get an I-140 approved through a US employer while he has a K-3 pending?
    Thanks in advanced!

  • #2
    Yes. But why is the k-3 pending? Employment based immigration takes a VERY Long time... Much longer than it takes for a k-3 visa to be issued...
    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
      even if a job has been offered?

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      • #4
        The company usually sponsors you for a job first through an H or L visa... then files for your Green Card. And the process, I-140, PERM, LABOR, Etc. Takes a very long time.

        He is not going to "get to the USA tomorrow" by having an I-140 filed for him.
        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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        • #5
          ok thank you, i was just trying to figure out how it works through employment. So how long after you are offered a job can you start working? After the H or L visa is approved?

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          • #6
            An work visa H or L, AND and I-140 petition are TWO VERY DIFFERENT THINGS.

            And they both take a while, considerably more than a K-3 visa. You still have not answered when you filed for a K-3 and why is it pending?

            Read here for more information:

            H1B Visa:


            Green Card through employment:
            /employment-based-greencard/
            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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