Do I want a K3 ...or???

[kaga 0]

Hi...

I've read thru different posts and FAQ's and I want to make sure I have it straight.

I am a USC married to a Greek residing in Greece with a 5 year residence permit. As it is, my husband does not hold a visa to visit the states (Greece is not part of the VWP). We do wish to immigrate back to the U.S. in about 2 years time but in the meantime we would like to visit my friends/family/home.

Do I have the following straight?

A K-3 is a NON-immigrant visa that is valid for 2(?) years. It is a multiple entry visa as long as the visa is still valid. Once we decide to immigrate, he enters again on his valid K-3 visa and we file I-485 for Adjustment of Status and he receives his GC..?.?

IF this is the correct route . . . I file a I-130 from here -- Athens. We both fill out G-325a... and then for a K-3 I have to file a I-129F petition..? I am able to do ALL of this without leaving Greece..?

OR.

I know that if we just decided to immigrate WITHOUT visiting prior we are able to file a DCF here in Athens. Assuming we were approved, we go to the U.S. within 6 months of approval, land and he is given a stamp and a GC shows up in the mail at some point. BUT we are required to be residing in the states from that point on, correct? Not leave and return for a visit once or twice a year, correct?

I think I am after a K3??

[riblet 0]

I believe you can file the I-130 and I-129F from Greece - but hopefully someone else can confirm this.

You are correct that once he has his Green Card he must reside in the U.S. He can leave the U.S. for a maximum of 6 months (unless he applies for an extension) but even so he must maintain intent and evidence of residence in the U.S.

Hi...

I've read thru different posts and FAQ's and I want to make sure I have it straight.

I am a USC married to a Greek residing in Greece with a 5 year residence permit. As it is, my husband does not hold a visa to visit the states (Greece is not part of the VWP). We do wish to immigrate back to the U.S. in about 2 years time but in the meantime we would like to visit my friends/family/home.

Do I have the following straight?

A K-3 is a NON-immigrant visa that is valid for 2(?) years. It is a multiple entry visa as long as the visa is still valid. Once we decide to immigrate, he enters again on his valid K-3 visa and we file I-485 for Adjustment of Status and he receives his GC..?.?

IF this is the correct route . . . I file a I-130 from here -- Athens. We both fill out G-325a... and then for a K-3 I have to file a I-129F petition..? I am able to do ALL of this without leaving Greece..?

OR.

I know that if we just decided to immigrate WITHOUT visiting prior we are able to file a DCF here in Athens. Assuming we were approved, we go to the U.S. within 6 months of approval, land and he is given a stamp and a GC shows up in the mail at some point. BUT we are required to be residing in the states from that point on, correct? Not leave and return for a visit once or twice a year, correct?

I think I am after a K3??

[Reba 2]

well, the K3 requires the USC to have domicile and income in the US. The K3 is a stepping stone to immigration, and at the time it was created was going faster than the CR1/IR1 spousal immigrant visas. It *does* require that the beneficiary, and the USC for that matter, intend to settle in the US. Its not a visitor visa.

If you and your husband wish to visit the US to see family and friends, he'll have to apply for a visitor visa at the US consulate in Greece. If you and your husband wish to re-settle in the US, then you'd petition and apply via DCF.

[jtobster 0]

I would personally recommend that when you do decide to move to the US that you apply for your husband's immigrant visa through DCF. This way you file just a couple of months before you anticipate you will be moving and when he enters the US your husband is able to apply for an SSN and work right away. If he enters on a K-3 and then you adjust status he will be in the US without an SSN or permission to work until he receives his EAD (which takes approximately 3 months) or his green card, whichever comes first. This means no drivers license for most states as well. Just my recommendation! Best of luck to you!!

[kaga 0]

Thank you for all the responses...

I've just sent another email off to the consulate here in Athens. I had sent an email asking basically... this is what I want to do (visit the states with my Greek husband)... Can I do it, how do I do it.. And the response was in a nutshell 'Yes, file a I-130 and G-325a here in Athens.' ...errrrr. ok.

...that's when I started doing a little more research and ended up here.

So, assuming we DO go for a visitors visa.. The fact that we are married shouldn't hinder his application, will it? (I've been told that it might, from a non-reliable source. ;p) Before we were married and I moved here, he had applied and was denied. ..I'm guessing because at the time he had just finished his degree, did not have his mandatory military completed and did not have a full time job. Both military and job situations have changed.

Thanks again...

[sparkofcreation 0]

Thank you for all the responses...

I've just sent another email off to the consulate here in Athens. I had sent an email asking basically... this is what I want to do (visit the states with my Greek husband)... Can I do it, how do I do it.. And the response was in a nutshell 'Yes, file a I-130 and G-325a here in Athens.' ...errrrr. ok.

...that's when I started doing a little more research and ended up here.

So, assuming we DO go for a visitors visa.. The fact that we are married shouldn't hinder his application, will it? (I've been told that it might, from a non-reliable source. ;p) Before we were married and I moved here, he had applied and was denied. ..I'm guessing because at the time he had just finished his degree, did not have his mandatory military completed and did not have a full time job. Both military and job situations have changed.

Thanks again...

I agree he wants a tourist visa (B-2, I think).

He might (probably will) be asked to prove he doesn't intend to immigrate, and the fact that he has an American wife might make them think he's planning to do so. I'd say you'd want proof that both of you plan to live there permanently, like proof you both are working there full-time and have a house/are renting a house. In other words, proof that you live in Greece, not the US, and plan to keep living in Greece, not the US. I wouldn't mention that you're planning on someday moving to the US; after all, nothing is certain but death and taxes, right?

[meauxna 15]

Thank you for all the responses...

I've just sent another email off to the consulate here in Athens. I had sent an email asking basically... this is what I want to do (visit the states with my Greek husband)... Can I do it, how do I do it.. And the response was in a nutshell 'Yes, file a I-130 and G-325a here in Athens.' ...errrrr. ok.

...that's when I started doing a little more research and ended up here.

So, assuming we DO go for a visitors visa.. The fact that we are married shouldn't hinder his application, will it? (I've been told that it might, from a non-reliable source. ;p) Before we were married and I moved here, he had applied and was denied. ..I'm guessing because at the time he had just finished his degree, did not have his mandatory military completed and did not have a full time job. Both military and job situations have changed.

Thanks again...

Yia sou!

Wow, the first other person I've seen who is sorta in my situation.

First of, spark's post is the right track. I'll add: don't contact the consulate.. you will not necessarily get the right info for the question you're asking. Your husband can go apply for the B visitor's visa and include evidence that his USC spouse lives in Greece and that you know about your (fast) immigration options WHEN you are ready to move. Your situation is not that atypical, and there should not be a big issue with that. As you point out, the job and military stuff has been handled, removing a big block to his B visa.

If you need any info on an Athens DCF, let me know. We're also ever-hungry for news from Greece, so drop in and let us know how things are going!