QUESTION
Can I apply for a different visa if I am waiting for another visa?
Asked on Jul 20th, 2011 on Immigration - Texas
More details to this question:
I filed i-129f fiancé visa for my fiancé, by the time they gave her the interview day my pastor from overseas gave the blessing for our marriage. When she went to the interview they knew that she got married. I spoke to the consulate of the US in Jerusalem and I explained him that we had to get married because in there city they won`t let her leave unless she is married, he told me that the law in the US that we have to file I-130. My wife is pregnant and I can`t leave her alone, can I stay with her overseas until she gets her I-130 approved, I have a place at the US to stay. I can add my brother or my sister for the affidavit. Can she get a k-3 visa while she is waiting for her I-130? The main thing I need to know if I can stay with her until she get her visa or she can apply for a different visa to enter the US and wait for I-130 to be approved.
4 ANSWERS
You can wait there until her I-130 is approved.
Answered on Aug 02nd, 2011 at 8:05 AM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Yes, you will have to start the I-130 process. Your brother or sister may be co-sponsor. You may stay outside US but the US consulate will want you to come and resume your residency in the US a few months before her interview. I suggest that you hire an immigration attorney to navigate you through the process.
Answered on Aug 01st, 2011 at 6:26 AM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Hello, Yes, you can apply for the K3, but it processes about the same time as an I-130. You can stay with her in Israel as long as you do not violate their immigration laws. As the US citizen spouse, there is no requirement that you live in the US for the filing. Does she have any employment opportunities? Can she get a job offer from a US employer for a job that requires a Bachelors degree?
Answered on Jul 30th, 2011 at 8:52 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If you are now married, you can file the I-130 and with the receipt notice you can file for the K-3 visa. She does not need to wait for the I-130 to be approved, only filed.
Answered on Jul 30th, 2011 at 8:47 AM