QUESTION
Can we apply for the waiver together with the submission of k3?
Asked on Feb 26th, 2013 on Immigration - New York
More details to this question:
My spouse is from Malaysia. Both of us got married in Malaysia. She had overstayed record in US for more than two years. Previously we applied for k1, got denied but eligible for a waiver. We wanted to live in us for good. Do we have to go through the entire process as k1 be denied and then only apply for the waiver?
3 ANSWERS
Rebecca T White
I suggest that you first marry and then file for an immigrant visa petition. You will need a denial for the waiver to move forward.
Answered on Feb 28th, 2013 at 8:04 PM
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Yes, though I would recommend applying for an immigrant visa instead of K-3. The immigrant visa takes nearly as long and the process will cost you less.
Answered on Feb 28th, 2013 at 8:02 PM
You should petition your spouse as an immigrant ( immediate relative) and apply for a waiver.
Answered on Feb 28th, 2013 at 11:08 AM