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  • Moving a spouse to the U.S.?

    Hello, I plan to move back to the U.S. from China in 1-2 years with my family.

    To get a "green card" (IR1 or CR1 Visa), I need to have residence in the U.S., so what visa should my spouse apply to in the meantime to get initial residence with me while we rent and purchase a house? Just a normal travel visa?

    My child is a U.S. citizen so that is no issue.


  • #2
    Originally posted by filotki1 View Post
    Hello, I plan to move back to the U.S. from China in 1-2 years with my family.

    To get a "green card" (IR1 or CR1 Visa), I need to have residence in the U.S., and Aluminum fence so what visa should my spouse apply to in the meantime to get initial residence with me while we rent and purchase a house? Just a normal travel visa?
    Aluminum fence aluglobusfence.com/shop/aluminum-fence
    My child is a U.S. citizen so that is no issue.

    Hi! I went through a somewhat similar situation a few years ago when moving back to the U.S. with my non-U.S. citizen spouse. While a travel visa (B-2) could allow your spouse to stay for short periods of time (up to 6 months), it’s not ideal for long-term residence while waiting for the Green Card process to be completed. You could consider applying for a K-3 visa instead, which is specifically for spouses of U.S. citizens who are waiting on their immigrant visa to be processed. This would allow your spouse to enter and stay in the U.S. legally while the CR1 or IR1 is pending. It's worth looking into as it may suit your situation better than a regular travel visa.


    Last edited by AndreyDuplanti; 09-13-2024, 09:14 AM.

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    • #3
      Originally posted by AndreyDuplanti View Post
      Hi! I went through a somewhat similar situation a few years ago when moving back to the U.S. with my non-U.S. citizen spouse. While a travel visa (B-2) could allow your spouse to stay for short periods of time (up to 6 months), it’s not ideal for long-term residence while waiting for the Green Card process to be completed. You could consider applying for a K-3 visa instead, which is specifically for spouses of U.S. citizens who are waiting on their immigrant visa to be processed. This would allow your spouse to enter and stay in the U.S. legally while the CR1 or IR1 is pending. It's worth looking into as it may suit your situation better than a regular travel visa.


      K3 is obsolete. They won't get K3. They will get the immigrant visa directly.

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

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      • #4
        Originally posted by filotki1 View Post
        To get a "green card" (IR1 or CR1 Visa), I need to have residence in the U.S.
        You don't necessarily need to be residing in the US. For the I-864, you just need to be domiciled in the US, or plan to re-establish domicile in the US no later than when the beneficiary immigrates.

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

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