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Filed: K-3 Visa Country: Netherlands
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Posted

Hi there :) I'm a new member that recently found VJ and am honestly thinking it's the only way that I'm going to manage to understand things enough to get my husband back to Texas with me any time soon. I'm going to start out by saying I just turned 20, don't have the money for an immigration lawyer, and am quite naive in so many things relating to visa acquisition, none of which make the best circumstances to be filing petitions for a visa alone. My Dutch husband and I are in the process of obtaining a K-3 visa so that he may move back to live with me in Texas. Recently, I filed the Form I-130 and a week later I received the NOA1 for it, which means now I'm ready to submit my Form I-129F, however, there is one section in the instructions that is keeping me from being able to do so. If I'm going to submit the package, it's going to be right the first time, to avoid as many delays as possible, so I would like to clarify that I'm understanding the instructions correctly.

In item 8 for the I-129F instructions it lists how to use the form to acquire a k-3 visa for a spouse. It states to submit documents for items 1, 2, and 4 and to omit documents requested in item 3..this is where I would like some clarification. Should documents be submitted for these items only if they are applicable? Item one, we didn't meet through the services of an international marriage broker, we met on a free online game. Item 2, we have never filed any k-1 visa petitions and therefore do not require a waiver and therefore it seems that we do not have any documents that need to be supported with secondary evidence of any types listed in Item 4. This being the case, do we just need to submit the documents found in item 6? (It seemed a little odd to me that I wouldn't need to submit any proof of US citizenship in this second package)

As I said above, I'm rather young and although I generally understand things I've researched as much as I have the visa processes, I occasionally run into things where guidance would be much appreciated.

Thank you so much for your time and any advice is greatly appreciated!

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

You are requires to show evidence that you have filed an I-130. When you submitted the I-130, you supplied evidence of your citizenship. That would satisfy item 3.

See the VJ guides to help you make sure that you have all the needed forms, documents, etc.

An aside: make sure that you two have the funds for all the fees needed to get your husband's process completed. Chances are you will do the CR1 visa, not the K3. It's simpler (fewer steps, no Adjustment of Status) and cheaper (by around $1K). That will help your immigration budget. Recently there have been some posts here on VJ where foreign spouses are out of status due to couples not having the money needed to file the required forms in a timely manner. That really puts the foreign spouse in a precarious situation. So please, start planning now.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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