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

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Filed: Other Country: Greece
Timeline

Hi... :help:

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?? :blink:

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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... :help:

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?? :blink:


Sandy

Michael's I-130:

NOA1: 5-10-2006----updated w/ citizenship: 9-25-06----had to call back 10/25, touch 10/26

12/06/06 - Approved!- - - 12/08/06 - Touch---01/25/07 - Touch

I130 at NVC

12/14/06 - case number assigned

12/25/06 - DS3032 & AOS Fee Bill Mailed (phone system updated 12/27)

12/27/06 - emailed choice of agent; 12/29/06 - received email from NVC confirming choice of agent!

01/01/07 - NVC generated IV Fee Bill (postmarked 1/17 though!)

01/03/07 - returned AoS Fee Bill via Priority Mail (James' shortcut)

01/15/07 - NVC generated AOS package

01/22/07 - received IV Fee Bill - overnighted back to NVC same day

01/27/07 - recieved I864 package; 01/29/07 - overnighted I864 to NVC

01/29/07 - DS230 generated (phone system not updated, email response 2/5/07)

02/05/07 - mailed DS-230 to NVC via express mail

02/20/07 - CASE COMPLETE!!

04/18/07 - INTERVIEW!!!! - APPROVED!!!!

Michael's K-3:

09/28/06 - NOA1

1/25/07 - approved ...NOA2 via snail mail - 1/29/07

03/16/07 - chose not to return packet 3 to Montreal

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Filed: Other Timeline

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.


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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Filed: K-3 Visa Country: Venezuela
Timeline

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!!


EAD

11/02/2006-mailed EAD

11/08/2006-NOA1

11/17/2006-transferred to CSC

11/18/2006-*touched*

11/22/2006-*touched*

11/27/2006-*touched*

11/28/2006-*touched*

11/29/2006-Biometrics

01/20/2007-*touched*

01/23/2007-*touched*

02/17/2007-APPROVED!!

I-130

03/15/2006-NOA1

03/24/2006-*touched*

**Come on!!! No touch in 10 months!! WHAT'S GOING ON!!!**

04/25/2007-APPROVED!!!

I-129F

04/14/2006-NOA1

07/03/2006-RFE received

07/04/2006-RFE sent from Venezuela

07/14/2006-RFE email confirmation received

07/18/2006-*touched*

07/21/2006-*touched*

07/26/2006-*touched*

08/31/2006-NOA2!!!!!!!!!!

09/02/2006-*touched* On a Saturday!!

09/14/2006-case received at NVC & case # assigned

09/18/2006-letter sent stating case should be sent to embassy in less than a week

09/22/2006-case sent to embassy!!!

09/25/2006-case received at embassy!!!

10/05/2006-INTERVIEW!!!!! APPROVED!!!

10/06/2006-picked up visa and ran to the airport to catch the next flight out!!! HOME!!!!

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Filed: Other Country: Greece
Timeline

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. :huh:

...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...

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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. :huh:

...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?


Bethany (NJ, USA) & Gareth (Scotland, UK)

-----------------------------------------------

01 Nov 2007: N-400 FedEx'd to TSC

05 Nov 2007: NOA-1 Date

28 Dec 2007: Check cashed

05 Jan 2008: NOA-1 Received

02 Feb 2008: Biometrics notice received

23 Feb 2008: Biometrics at Albuquerque ASC

12 Jun 2008: Interview letter received

12 Aug 2008: Interview at Albuquerque DO--PASSED!

15 Aug 2008: Oath Ceremony

-----------------------------------------------

Any information, opinions, etc., given by me are based entirely on personal experience, observations, research common sense, and an insanely accurate memory; and are not in any way meant to constitute (1) legal advice nor (2) the official policies/advice of my employer.

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Filed: Country: United Kingdom
Timeline
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. :huh:

...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! :)


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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