Sponsoring spouse of a US citizen

K

kagemusha

Registered Users (C)
Say I am a US citizen (I am not one yet but will be soon, hopefully !) and I get married to someone in my home country who also happens to have a 10-year visitor visa already, would we be able to go the I-485 route for her (assuming she enters the country as a visitor) ? Also, since the I-130 alone is taking much longer than before (at Vermont at least), could we file I-130 and I-1485 concurrently ? If we don't do that it is likely that the I-130 approval may not come through in the 6-month period that my would-be spouse is allowed to stay in the US on a visitor visa.

If the above is not possible and we have to go the K-3 visa route, how long is that process typically taking ? I am assuming that the I-129F timeline is what matters here and that the I-130 doesn't have to be approved for the K-3 to be granted.

Thanks,
-KM
 
KM,
Entering on a B-2 visa with the intent of doing AOS is risky and may land your future wife in trouble. Go the K-1, K-3 or IR1 route.
 
Thanks Triple Citizen ! That's what I figured but wanted to check anyway. Got another question for you (or whoever cares to answer it). Does the sponsor of the immigrant petition have to be in the US when the I-130 or I-129F is pending ? If I had the option could I work out of my home country for the 6 months or whatever it takes for the I-129F to be approved ?

-KM
 
As long as the petitioner can use a US address and US sourced income (their's or a joint sponsor's) , I don't see a need for the petitioner to stay in the US to wait out the petition's outcome.
 
kagemusha said:
Thanks Triple Citizen ! That's what I figured but wanted to check anyway. Got another question for you (or whoever cares to answer it). Does the sponsor of the immigrant petition have to be in the US when the I-130 or I-129F is pending ? If I had the option could I work out of my home country for the 6 months or whatever it takes for the I-129F to be approved ?

-KM
Click to expand...

If you're planning on using K-3 to bring your future wife to the United States you have to be physically present in the United States. The K-3 Visas allow the spouse of a U.S. citizen to enter the United States to await the approval of the I-130 petition by USCIS or the availability of an immigrant visa. If you are not in the United States, then there is no point in filing for K-3.
 
I do intend to be in the US after my future spouse's K3 is approved and she makes it to the US. I am just talking about the interim until the I-129F is approved. Also I will be maintaining a permanent residence in the US at all times.

I just don't like the idea of being away from my spouse right after marriage until she can make it to the US and since I have the option of working out of my home country (my company has an office there), I was considering this option.

-KM
 
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