K3 Visa only for visiting

[steveg333 0]

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

[pushbrk 12,114]

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.

[Ryan H 3,790]

(deleted)

Edited July 11, 2011 by Ryan H