My Peruvian Girlfriend

Managercarequita · by **Managercarequita** on Sun Mar 16, 2008 1:27 am

The U.S. citizen marries the foreign fiance in the USA or in another country (could be home country), the foreign fiance goes back to his/her country, the U.S. citizen applies to the Service Center for an I-130 spousal visa petition.

As soon as the US citizen receives the notice of receipt from the service center for the I-130 petition, the US citizen files an I-129F for a K-3 visa. Once the petition is approved, it is forwarded to the foreign US consulate.

The remainder of the K3 spouse petition is similar to a fiance visa process. The K-3 spouse files for adjustment of status after entering the US, however has 2 years in which to do so. (The visa is a 2-year multiple re-entry visa.)

If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident.
• entry not much slower than fiance visa.

• can work upon entry after getting social security card and an EAD.

• NO advance parole needed for travel outside the US. K3 and K4 visa recipients are in valid status for 2 years and the visa is a multiple re-entry visa.

• K-3/K-4 visa holders may extend status by showing strong intent to eventually adjust status.

• After receiving the k3 visa, the spouse enters on the K3 and is allowed to work and to travel, and may file adjustment of status BEFORE the I-130 petition is approved.

• Generally allows applicant to enter the US faster then waiting for the I-130 to be approved and the IR-1 / CR-1 visa to be issued.

• will have to file adjustment of status after entry or do consular processing of an I-130 in order to gain resident status.

• May only adjust status based on marriage to original petitioner.

• If the marriage fails before adjustment of status is complete, will have to leave the US. K-3 and K-4 visa holders cannot change to another visa status and stay in the US if
the marriage fails.

• EAD (work) card must be obtained and there will be some waiting time before one can work.
The exact amount of time for work authorization is not known, but is thought to be a few months, possibly more.

Managercarequita · by **Managercarequita** on Sun Mar 16, 2008 12:30 pm

This process also applies to K3 Visa applicants whom have had their I-130 approved prior to their I-129f. In this case you may chose to persue the I-130 path as opposed the the K3. This will allow the immigrating relative to enter as a permanent resident as opposed to having to file for adjustment once here. If the I-129f is later approved and forwarded to the embassy then you can write them to request the approved I-130 be acted on and the K-3 process abandoned.

My Peruvian Girlfriend

Spousal Visa (K3)

Spousal Visa (K3)

chose to persue the I-130 path as opposed the the K3

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