QUESTION
Is it better/faster to apply for residence or visa K-3
Asked on Jun 02nd, 2016 on Immigration - Oregon
More details to this question:
My brother US citizen married in Mexico to Mexico citizen and we are wondering what he has to do now to be able to bring his wife. my question is, can he request a visa for her and when she comes to US apply for permanent residence?
1 ANSWER
Your brother must first file an immigrant visa petition on behalf of his wife. A K-3 visa petition can only be filed after the immigrant visa petition is filed with USCIS. There is no fee for filing the K-3 petition but there is typically no benefit derived from filing the petition as processing of the K-3 will cease if the immigrant visa petition is approved prior to or at the same time as the K-3 visa. Given current processing times, USCIS typically approves the immigrant visa at the same time or before the L-3. You can read more about family immigration at http://myattorneyusa.com/family-immigration.
Answered on Jun 02nd, 2016 at 2:53 PM