K-3 and traveling to the US for French citizen marrying USC

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staticfade56

Registered Users (C)
Hi,

I am a US citizen that is going to marry a French citizen. We met and lived together in Belgium for the past two years until I moved back to the US in May 2010. We are now engaged and are going to have a wedding ceremony at a church in October 2011.

In order to start the paperwork process, we were thinking to marry this January 2011 at a court house and then file a K-3 for him to move to the US later this year. I currently live in the US and he is in Belgium and we see each other about once a month.

My question is - once we file the papers for the K-3, would he still be allowed to travel to the US for a couple weeks at a time? If he can't, we might consider the Fiance Visa instead to bring him here sooner, but we wanted to try to have him keep his job in Belgium for as long as possible until the move.

Any help is greatly appreciated. Thanks a lot!!!
 
K-3, How can you file a K-3 without filing a I-130 first.
With fast processing dates you might have the I-130 approved before the K-3 gets processed and if that happens your K-3 approval is dead.
 
Yes, I realized I meant the I-130.

I looked at the K-1 Visa, but from what I understand it is limiting for travel after my fiance would arrive in the US. Also, he wouldn't be able to work for at least 90 days. He still has a job right now so we were trying to allow him to keep his job for as long as possible (while still visiting me in the US) during the Visa process.

Am I correct in understanding that with the I-130 in process he can still travel to/from the US as he is a European citizen?

Thanks!
 
He can 'attempt' to enter the US while and I-130, however, as with all attempted entries, entry is not guaranteed.
While many people with a filed I-130 have successfully been able to visit their spouses during the applications, others unfortunately have not been so lucky and have been refused entry. Having an American spouse residing in the US can cause visitors to undergo extra scrutiny at POE.

He could though be completely fine and be able to visit with no problems, though just be aware that there is always a chance that he may be refused entry.
 
Being French he will probably not have to work as hard as non-EU citizens to overcome doubts that a POE officer may have with regards to the visit being temporary in nature. However, he will still need to defend himself.

staticfade56 said:
Am I correct in understanding that with the I-130 in process he can still travel to/from the US as he is a European citizen?
Click to expand...
 
Do you think it is also helpful for him to have a copy of his application with him when he tries to come into the US? Or maybe the photos that we will submit to show proof of our relationship over the past 2+ years?

Also, to show the proof of relationship documentation in our application (photos, etc) can I mount photos on paper and list the location and date under the photo? I have copies of other paperwork that I can provide too to show proof that we both lived in Belgium, but not any joint accounts or leases because when we were dating we didn't live together. Do you think that is sufficient?

Thanks!
 
When he comes to visit you, the most important documents he should have are proof of ties to his home country (ie letter from employer stating the date he is due back at work, copy of lease/mortgage, car payments etc).
 
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