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Filed: Other Country: China
Timeline
Posted
Thanks for clearing a few things up. As for the why I would wait my wife and myself are notorious tight wads and will choke a penny to death. Plus our 2 year is in Febuary where as her K-3 visa is valid till the end of Sept. the third and final reason is we are finishing the medical exams (she was pregnant when we got the K-3) and saveing the last of the fileing fee. Once again thank you all for the quick response to our question.

Unfortunately, you've cleared up nothing. The expiration of the K3 visa is not important. It's the expiration of the I-94, two years after US entry from which your wife derives her status. As such, your two year anniversary will definitely occur before the I-94 expires.

As long as waiting to work, fits your plans, then I guess waiting will work just fine. On the other hand, she could work and make a lot more than the fees you'll be saving. It's all up to you.

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  • 4 weeks later...
Filed: Citizen (pnd) Country: Nepal
Timeline
Posted
My wife and I are trying to find out if we wait till after our second wedding can we get a 10 year green card or are we still going to have to get the 2 year version first

Momonoki,

Are you both living in the US right now? Im just asking.. as maybe I can help you on how you can expedite your wifes immigration process..

I did receive conditional greencard in 2006, and did receive my naturalization on June 2008 because we are always in overseas assignment..

But with regards to your question, it will be better for you and your wife to just wait for 2nd year anniversary so you dont have to apply again for removing condition.. Because if you apply now and you are just married for just a year, they will just give your wife a conditional greencard.. If you live overseas and you are planning to go to US with her,, you can either just get her a visa, and sometimes the consul will grant 10 years validity.. It is hard to maintain greencard when you are overseas, as you have to go back every 10-11 months to physically meet the requirement of being a resident.

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Filed: Other Timeline
Posted
Thanks for clearing a few things up. As for the why I would wait my wife and myself are notorious tight wads and will choke a penny to death. Plus our 2 year is in Febuary where as her K-3 visa is valid till the end of Sept. the third and final reason is we are finishing the medical exams (she was pregnant when we got the K-3) and saveing the last of the fileing fee. Once again thank you all for the quick response to our question.

Unfortunately, you've cleared up nothing. The expiration of the K3 visa is not important. It's the expiration of the I-94, two years after US entry from which your wife derives her status. As such, your two year anniversary will definitely occur before the I-94 expires.

As long as waiting to work, fits your plans, then I guess waiting will work just fine. On the other hand, she could work and make a lot more than the fees you'll be saving. It's all up to you.

K3 can file for work authorization without filing to adjust status.

So while the terminology "K3 visa" is inaccurate, the priveleges derived from it are not.

 
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