QUESTION
Can we still be together during the I130 application?
Asked on Jun 17th, 2012 on Immigration - California
More details to this question:
I am a US citizen, my husband is Tunisian. I filed for his I-130 (Vermont) and we are waiting to hear back from them. Is there a way we can be together sooner? I heard about a K-3 but I dont know much about it. I really miss him and I'm here alone. Also, how long is the estimate of when he can come to the U.S.?
5 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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*K3 Petition* Since you are already married and your spouse is outside the U.S., it would be necessary to apply for the K-3 Visa. The particular visa is considerably faster than the Consulate Processing needed to bring your spouse in as a Lawful Permanent Resident. Here, we would apply for the K-3 Visa which would take about 6 months. After, your spouse is in the U.S., the Adjustment of Status package can be filed.
Answered on Jun 28th, 2012 at 5:43 PM
Assault Attorney serving Richardson, TX
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Be patient, you are proceeding properly.
Answered on Jun 28th, 2012 at 4:50 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. You can petition for a K-3 visa for your husband, which ideally will shorten the time that you are physically separated from your husband. After your husband arrives in the US on a K-3 visa, he will need to apply for adjustment of status to attain his green card.
Answered on Jun 27th, 2012 at 2:40 PM
Commercial Attorney serving Portsmouth, NH
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Mesinschi Law Offices, PLLC
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Hello, unfortunately you should have consulted with an immigration lawyer beforehand. A K3 would have been the way to go as it would permit him to reside here while the i130 processes. They can come through fairly quickly (3-6 months) should normally have been submitted with the i130. As it is you're in for a fairly lengthy wait.
Answered on Jun 27th, 2012 at 2:01 PM
The processing times for the K-3 are about the same as just waiting to immigrate on the basis of the approved I-130. The entire process takes about 9-12 months from start to finish, so based on when you filed the I-130, you can estimate the time he will be able to enter the US. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jun 26th, 2012 at 4:41 PM