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steveg333

K3 Visa only for visiting

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Filed: Country: Colombia
Timeline

Do I file ONLY the I-130 Visa for a Colombian spouse (K3 visa process)

who ONLY WANTS TO VISIT my family (her in-laws) in the U.S., but not

reside in America?

It would seem I shouldn't need to file additional I-864, DS-230 etc.

since we will visit and then both return to Colombia to live

permanantly.

Or is there a different Visa that is more appropriate?

(The tourist Visa process in Colombia (non-immigrant) will surely get

denied, per 99% of the cases; so I need a better option)

Thank you kindly,

Steve

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Filed: Other Country: China
Timeline

Do I file ONLY the I-130 Visa for a Colombian spouse (K3 visa process)

who ONLY WANTS TO VISIT my family (her in-laws) in the U.S., but not

reside in America?

It would seem I shouldn't need to file additional I-864, DS-230 etc.

since we will visit and then both return to Colombia to live

permanantly.

Or is there a different Visa that is more appropriate?

(The tourist Visa process in Colombia (non-immigrant) will surely get

denied, per 99% of the cases; so I need a better option)

Thank you kindly,

Steve

The K3 visa is perfect for what you want but the problem may be actually managing to get through the process of obtaining one. It's been nearly impossible for the last 18 months, at least but may be worth a try now. You would need to note clearly in RED on your I-130 AND the I-129F, that your spouse does not intend to immigrate immediately and that you prefer the I-130 be held in storage while the I-129F only is forwarded to NVC. Iffy whether USCIS will pay attention to or honor your request but it's the only sure avenue you have.

If it were me doing it, I would file both petitions together in the same envelope being very clear what you are trying to do. I know others will be along shortly and tell you that the I-129F is to be filed later, after the I-130 receipt notice is in hand but there's no harm in trying and it may well actually get enough of their attention to get your I-129F to NVC instead of or ahead of your I-130, so there's a chance of an actual K3 visa.

You would file neither the DS230 or any affidavit of support with the petition but both the DS230 and the I-134 affidavit of support will be needed at the Consular Processing stage for the K3.

Note that the K3 visa is good for two years and may be able to be extended for another two but not likely for any indefinite period. Once she has a history of coming and GOING from the USA, she may well qualify later for the B1/B2.

Frankly, I think I would go ahead and try for the B1/B2 first anyway. If you can show your job, some property and intent to reside together in Colombia, you might well be surprised at the result. The up side is that the result will be virtually immediately known, rather than waiting several months after spending several hundred dollars more.


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Filed: Lift. Cond. (apr) Country: China
Timeline

(deleted)

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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