Can a spouse live in the USA while waiting for K3 Visa to be approved.

[Turtle's Wife 0]

My questions is can my spouse live in the USA with me waiting his K3 Visa to be approved?

Is there a form I can file with the USCIS to allow him to stay and have his interview here in the US?

My spouse is currently out of the country and would like to return to await his approval and his interview here in the USA. We have already filed I-130 and got NOA1 with Priority Date being 17March2014 and is still in initial review. We filed I-129F 20May2014 (After he left to go back to Oz on 19May2014, One of the hardest times of my life, letting that man go. I miss his so much). He and I talked and we both want him to come back. We're hope there is a form we can file to have it all done while he is here.

Please, help.

Thank you in advance!

[christeen 966]

Not possible.... And the visa path you are on is CR1 not K3... With a tourist visa or VWP they can visit for whatever length their visa allows... But not live.

[Harpa Timsah 13,258]

No, sorry.

He can visit the US if he has a visitor visa.

[Turtle's Wife 0]

When he was here on his ESTA we went to the local USCIS office and the man there informed us that since he is already in the US we need to file I-485, I-131 and I-765. We told him that he was only here on an ESTA but the man behind the little glass window insisted we file those forms ASAP. We did not file them as he requested be cause we was unsure of how long it would take to get approved and his ESTA was only good for 3 months stay.

Yes, We are filing for a K3 Visa. I'm not sure about the path is for CR1 as we've followed instructions on doing it by for the K3 Visa.

[christeen 966]

The I-140 IS the CR1 ... The 129 was the K3... But since the k3 visa is virtually obsolete and usually administratively closed ... You are on the CR1 path.. Ya might read up on it... . Now for,the rest, When he was in the USA, he could have filed the i130 and 485 and adjusted status while here in the USA. Now that he is outside of the USA, it is illegal to enter with a tourist visa with the intent to immigrate. He can however visit... Adhering to the limits of his visa/VWP ...

Edit... Mistype... Meant you filed the I130

[teanet 20]

The uscis officer gave you correct information. Your spouse was already here and he didn't come here with the intent to adjust status. So since it would be decision made in USA he would be able to adjust it and get green card. When the application would have been send your spouse would be in authorize stay and doesn't matter that Esta is expired. So now you have to wait for the I-130 be processed which takes months and than go through NVC process and than have interview at the embassy. I think this process takes over year.

[Turtle's Wife 0]

Hmm. While he was here in the US we did file the I-130 just not the I 485... He is may be coming back next week. Can we still file the I-485?

Edited May 22, 2014 by Turtle's Wife

[belinda63 2,981]

No, because this would have intent to immigrate on a non-immigrant visa, or in your case the VWP. You have already filed the I-130 which shows he wants to immigrate. Also if he files the I-485 and is denied he cannot appeal it.

[Turtle's Wife 0]

I see.

Thank you for you responses...

[christeen 966]

That time to file or AOS has come and gone.... It would no longer be a spontaneous decision... Have o go the regular Cr1 route...

[jajaju 33]

If there was a form we could all fill in to be with our spouses while we wait out this process, you'd probably never see anyone upset on this forum ever!

[christeen 966]

If there was a form we could all fill in to be with our spouses while we wait out this process, you'd probably never see anyone upset on this forum ever!

Well, except for the ones upset because they would now be living with their spouses and realize they drive them crazy... Lol

[kehills 217]

Tip from our experience (and I imagine for CR1 it may be moreso): be sure your spouse has documents showing his return ticket, lease, work contract, when work expects him back on the job, bank statements, car payments, and whatever else you can to show customs that he has a reason to return to Australia. My then-fiancé visited frequently after we filed for the K1, but he was asked at customs for various bits showing that he would indeed be returning to Australia when his trip was up. (They didn't care at all that he was visiting his fiancée, but they did care that he had no intent to overstay his VISA.)

Good luck. :-)

Edited May 22, 2014 by kehills

[Turtle's Wife 0]

I have another question,

If I withdrew the I-130 and the I-129F petition. Can I file a whole new set of petitions later on?

Thank you.

[Darnell 8,478]

When he was here on his ESTA we went to the local USCIS office and the man there informed us that since he is already in the US we need to file I-485, I-131 and I-765. We told him that he was only here on an ESTA but the man behind the little glass window insisted we file those forms ASAP. We did not file them as he requested be cause we was unsure of how long it would take to get approved and his ESTA was only good for 3 months stay.

Yes, We are filing for a K3 Visa. I'm not sure about the path is for CR1 as we've followed instructions on doing it by for the K3 Visa.

Yes, the man was right. That path might be available again if/when he hits USA dirt again, but it would stop further processing for a visa. And you'd be chasing adjustment of status, no longer chasing a visa.