Military Specific on Visiting the US While Waiting on K-3

[Rose-Romagnoli 0]

I have searched the forums, but I am still not clear as to WHEN or IF it is okay for my fiance to visit.

Basically, he is coming to the US during Christmas and we will be married on December 23. I will start the K-3 Visa process ASAP. Benito must return to Italy to finish his last year of college, which could be as early as mid-July depending upon how well he does. This would be about 6 months after the initiation of the process.

When, exactly, can he enter the US after the initiation? Can he visit while waiting? How long can he stay? If he happens to be in the US during the final approval, can he remain here or is it necessary to exit and reenter? He has a valid Italian passport. Can he travel as a "tourist" while in the midst of the K-3 wait?

I am active duty in the Marine Corps. I regularly use military flights to visit Benito, and after our marriage he will also be able to use the duty flights. Does anyone else here have any experience with their foreign spouse on these flights and whether it is more relaxed in permitting entry for a visit? Can a base legal officer process the Visa for us?

We do not have any issues that might create a "hang-up". I am certified A-R as far as details...Thanks to everyone, and good luck to all...

[Reba 2]

If you are petitioning for the K3, he cannot come to the US and remain indefintely, he'd at least have to return to Italy when his allowed visit expires (90 days on the VWP) and have his interview and medicals in Italy. He can't be interviewed for a K3 here in the US.

Technically, he can visit the US while the petitions are in process, however, he will have to show adequate ties to home country, ie: job, or university program to get back to, rent or mortgage to pay, bills to pay etc etc etc...Once you two are married, he automatically has stronger ties to the US than he does to Italy, so he'll have to prove he has no intent to stay illegally to skirt the immgiration process.

[crs 0]

If I understand correctly he is coming for Christmas and in that occasion you will be getting married and start the K3 process. After he gets there, he will have to go back to Italy as soon as his VWP permit expires and then wait it out until the K3 is finished. (Also, if wait is not an issue, you might just want to go for the CR1/IR1 visa, which would give him a green card as soon as he gets to the US after it is approved). In the meantime, it is possible to visit you in the US, but it is up to the officer to let him in. He definitely has to go back to Italy for the interview, and he has to be careful not to overstay

inthe US at any time.

Im not sure if entry on duty flights would be more relaxed or not, but of the 2 Id say it would be less relaxed because they might think he is trying to immigrate during the visit. this is just a thought though, not sure.

Also, when he comes at Christmas, if asked he can say hes there to marry you and then file for a K3, but he has to bring tons of proofs of ties to Italy and proofs that he has to go back, or they might deny him entry thinking he has an immigrant intent (which of course is in part true but fulfilled the legal way!). Good luck!

I have searched the forums, but I am still not clear as to WHEN or IF it is okay for my fiance to visit.

Basically, he is coming to the US during Christmas and we will be married on December 23. I will start the K-3 Visa process ASAP. Benito must return to Italy to finish his last year of college, which could be as early as mid-July depending upon how well he does. This would be about 6 months after the initiation of the process.

When, exactly, can he enter the US after the initiation? Can he visit while waiting? How long can he stay? If he happens to be in the US during the final approval, can he remain here or is it necessary to exit and reenter? He has a valid Italian passport. Can he travel as a "tourist" while in the midst of the K-3 wait?

I am active duty in the Marine Corps. I regularly use military flights to visit Benito, and after our marriage he will also be able to use the duty flights. Does anyone else here have any experience with their foreign spouse on these flights and whether it is more relaxed in permitting entry for a visit? Can a base legal officer process the Visa for us?

We do not have any issues that might create a "hang-up". I am certified A-R as far as details...Thanks to everyone, and good luck to all...

[filirican 3]

maybe u should consider going over there and get married there..good luck!

[Ling Ling 22]

First, as others have indicated, the CR-1 is a superior Visa (less expensive too) and appears to be moving faster or just as fast as would be expected in a K-3 situation.

Sounds like the two of you have thought this out, and you're doing some good planning ahead of time. Kudos to you.

There's no time period that you have to wait for him to visit. That is, since he's from a VWP country, he can come for 90 days as often as he wants to.

As others have said, he should be careful not to overstay (90 days on VWP, and up to 6 months on B-2 tourist visa).

Chances of getting a B-2 visa are stronger before the K-3 process, but depending on embassy work-load, could take longer.

If he has a history of coming in/out of the US (and not over-staying), he shouldn't have any problem entering with VWP.

As for arriving on a commercial flight or on a military flight, I have no experience but two theories. The first theory is that it shouldn't make a difference, immigration law is immigration law. The second theory is that having ties to the US Military via marriage, could be a double edged sword. For every immigration officer that would give him a pass because of his ties, there's probably the same number of officers that might hold a grudge. So rather than hope for favor, maybe it's best to just hope for fairness.

[Rose-Romagnoli 0]

I went to base legal and found that as my dependent, they will do the visa process free of charge. Any experience here? I know that I must do the majority of the legwork, but they have the forms and experience. I hope it will work!

I went to base legal and found that as my dependent, they will do the visa process free of charge. Any experience here? I know that I must do the majority of the legwork, but they have the forms and experience. I hope it will work!

[C&D 0]

I went to base legal and found that as my dependent, they will do the visa process free of charge. Any experience here? I know that I must do the majority of the legwork, but they have the forms and experience. I hope it will work!

I went to base legal and found that as my dependent, they will do the visa process free of charge. Any experience here? I know that I must do the majority of the legwork, but they have the forms and experience. I hope it will work!

Hey there,

Free of charge?? Can you be more specific?

Do you think it could be possible for Army military members too?

My husband is an Army officer in the Guard, but he's active duty right now and will be til he gets back from deployment. We plan on going for a CR-1 visa around january 09, so i can be there when he returns. Please keep us posted for the details!

Good luck!

Edited October 6, 2008 by C&D