K1 want to apply for K3 due to emergency

[Crisarias15 0]

This is a long kinda complicated so I'll keep it short. My fiancés k1 was approved in Jan 2014 and he came back to the states with me. We got married legally on Feb 21, 2014. Due to money issues we couldn't apply for his AOS and because of this couldn't get his adavanced parole. His visa was due to expire in July of 2014. Then his mother got sick and had to return to Guatemala. So he left June 2014. I'm 5 months pregnant and I want to apply for an I-130 and I read I can apply for a k3. I just want to make sure that he will be ok just because I don't want it to seem suspicious because he had his k1 then left. We DID get married and he left BEFORE his visa expired so does anyone know if I could apply for him as my husband now? How long might it take? For either the I-130 or K3? Any suggestions or comments that might help will be deeply and truly appreciated!!!

[NigeriaorBust 4,087]

You apply for the CR1 and wait for at least a year. K3 takes the same time. Pregnancy doesn't qualify for an expedite.

[rlogan3030 6]

K3 is obsolete.

[Boiler 47,673]

K3's are usually administratively closed and you get the CR1, which is a better bet.

I would agree with a year or so being as good a guess as any. You may have read that Obama has mentioned executive action which could extend timing significantly.

[Hypnos 6,579]

As stated, the K-3 is essentially obsolete. You would instead be applying for a CR-1 immigrant visa, and it would take a year or so until he receives it.

[Boiler 47,673]

Should have said that with a K1 under your belt and having got married I would not worry about approval.

[Darnell 8,479]

alas, the visa expiration date is meaningless, as it was invalidated at the POE on POE day, being a single use visa.

What matters is the I-94 expiration date. If he left prior to the I-94 expiration date, he is OK for you to file the I-130 nowish.

If he was under 180 days past the expiration date of the I-94, he may be ok also with you filing the I-130, as unlawful presence starts counting on a 3 year ban past 180 days (I could be wrong on this, so check it)

Regardless, with the I-130 submittal, I suggest you include a cover letter requesting expedite, outlining the events as they occured, and mention that you are now pregnant (an emergent situation) and he returned to be with his mother (an emergent situation) ...

FWIW, usually expedites due to pregnancy are usually ignored, but IMO with your emergent situations and the fact he was already vetted on a K-1 visa - you might get that expedite.

[KayDeeCee 4,902]

~ Moved from K-1 Process to IR-1/CR-1 Process - topic is about getting CR-1 spousal visa, not K-1 ~