What form or forms is required for spouse?

tdechant

New Member
My wife is from Ecuador, and has travelled to the US many times with a passport. We just got married here in Alaska on August 15th 2020. I am having a difficulties trying to understand which forms to fill out for her to live in US. My understanding is K3, but not sure if I have to fill out the I-130 and/or the I-129F. Any help will be appreciated.
 
K3 is obsolete. If she is going back to Ecuador to do Consular Processing there, you would file I-130, and she would apply for an immigrant visa (not K3 visa) directly at the consulate after the I-130 is approved.

However, since she is in the US, she should do Adjustment of Status in the US without leaving. For that, you guys would file I-130 and I-485 at the same time (and it's also recommended to file I-765 for EAD and I-131 for Advance Parole at the same time). She can't leave the US until she gets her green card or Advance Parole, or she will automatically abandon her I-485.
 
Thank you. She has a daughter that graduates in January, and parents that are elderly. So we would want her to be able to travel back and forth if any emergency arises. Plus my work schedule allows me to travel down there a few times a year and would allow her to keep her career going as a singer. We are looking at the flexibility if she wants to stay here in the US more than her 90 day limitation at a time.
 
Thank you. She has a daughter that graduates in January, and parents that are elderly. So we would want her to be able to travel back and forth if any emergency arises. Plus my work schedule allows me to travel down there a few times a year and would allow her to keep her career going as a singer. We are looking at the flexibility if she wants to stay here in the US more than her 90 day limitation at a time.
In that case applying for her to do consular processing in Ecuador makes the most sense, as it may take 4-6 months before she could get an advance parole document allowing her to travel otherwise. So you just file the i130 (and supporting documents) and she will get an immigrant visa/ then green card after she uses that to enter.

Bear in mind if she gets a green card, there are residency requirements and other obligations (such as filing taxes with the irs) associated with that. It is not some kind of super visa. I’m not entirely clear on whether that was the intention, from your last sentence above.
 
In that case applying for her to do consular processing in Ecuador makes the most sense, as it may take 4-6 months before she could get an advance parole document allowing her to travel otherwise. So you just file the i130 (and supporting documents) and she will get an immigrant visa/ then green card after she uses that to enter.

Bear in mind if she gets a green card, there are residency requirements and other obligations (such as filing taxes with the irs) associated with that. It is not some kind of super visa. I’m not entirely clear on whether that was the intention, from your last sentence above.
I appreciate the advice. Yes the green card is what we would be wanting. I'll have to google the residency requirements next then. Thank you.
 
Also, when I retire (hopefully in 5 years) We will live in Ecuador and I will file for a retirement Visa there. So we don't want her to give up her citizenship in Ecuador.
 
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