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88lance

Will my K3 allow this???

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Hello everyone, I'll try to make this short.  I am getting married overseas, and living there most of the time.  However, I need to come back to the US for a couple months per year to do work and check on my rental properties.  I know she probably cannot come with me for this short of a time span because tourist visas are hard to get from there.  However I do need to build one more rental building, which would take around 1 year.  If we filed a K3 and she came along, by the end of that year would she have acquired PR?  

Secondly, if she has PR, but we go back overseas, is she required to spend any certain amount of time back here to maintain her PR?  She would probably just be coming with me for the 2 months trips each year if that would work.  

Would this plan work for us?  If not, what other routes would you suggest?  Thanks

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1 hour ago, 88lance said:

Hello everyone, I'll try to make this short.  I am getting married overseas, and living there most of the time.  However, I need to come back to the US for a couple months per year to do work and check on my rental properties.  I know she probably cannot come with me for this short of a time span because tourist visas are hard to get from there.  However I do need to build one more rental building, which would take around 1 year.  If we filed a K3 and she came along, by the end of that year would she have acquired PR?  

Secondly, if she has PR, but we go back overseas, is she required to spend any certain amount of time back here to maintain her PR?  She would probably just be coming with me for the 2 months trips each year if that would work.  

Would this plan work for us?  If not, what other routes would you suggest?  Thanks

There is no K3 any longer.

 

If you are married, you can file a petition (I-130) which would lead to a CR-1 spousal visa.  There is no way she would have it by the end of the year though.

 

Green cards are for living in the United States, not for visiting for two months.  Sounds like a tourist (B) visa would be the way to go.

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2 minutes ago, Jorgedig said:

There is no K3 any longer.

 

If you are married, you can file a petition (I-130) which would lead to a CR-1 spousal visa.  There is no way she would have it by the end of the year though.

 

Green cards are for living in the United States, not for visiting for two months.  Sounds like a tourist (B) visa would be the way to go.

Thank you for the reply. A tourist visa is very hard to acquire from her country unfortunately.  Is there a difference in the green card and PR?  If we used the CR-1 visa, how long would it take for her to reach a status before she could come and go on my schedule?  Which status would that be?  Thanks again for the information

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Just now, 88lance said:

Thank you for the reply. A tourist visa is very hard to acquire from her country unfortunately.  Is there a difference in the green card and PR?  If we used the CR-1 visa, how long would it take for her to reach a status before she could come and go on my schedule?  Which status would that be?  Thanks again for the information

Only USCs can come and go at whim.  It would take >5 years for her to become a USC, but there are residency requirements for that, and what you are suggesting would never qualify.

 

Green card holders are LPRs.  Lawful Permanent Residents.  It makes sense that 'permanent residents' are expected to reside in the US.

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1 minute ago, Jorgedig said:

Only USCs can come and go at whim.  It would take >5 years for her to become a USC, but there are residency requirements for that, and what you are suggesting would never qualify.

 

Green card holders are LPRs.  Lawful Permanent Residents.  It makes sense that 'permanent residents' are expected to reside in the US.

Geez, the US is tight compared to other places I been.  lol   I would hate to stay here 5 years, but that may be what it takes, or I can just tell her bye for 2 months at a time, might be the way to go . haha  thanks for your help.  

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15 hours ago, 88lance said:

Hello everyone, I'll try to make this short.  I am getting married overseas, and living there most of the time.  However, I need to come back to the US for a couple months per year to do work and check on my rental properties.  I know she probably cannot come with me for this short of a time span because tourist visas are hard to get from there.  However I do need to build one more rental building, which would take around 1 year.  If we filed a K3 and she came along, by the end of that year would she have acquired PR?  

Secondly, if she has PR, but we go back overseas, is she required to spend any certain amount of time back here to maintain her PR?  She would probably just be coming with me for the 2 months trips each year if that would work.  

Would this plan work for us?  If not, what other routes would you suggest?  Thanks

A immigrant visa seems inappropriate.  A tourist visa is more suited to your situation.  Btw, K3 visas are rarely ever issued.  I suggest more research.

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December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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20 hours ago, 88lance said:

Hello everyone, I'll try to make this short.  I am getting married overseas, and living there most of the time.  However, I need to come back to the US for a couple months per year to do work and check on my rental properties.  I know she probably cannot come with me for this short of a time span because tourist visas are hard to get from there.  However I do need to build one more rental building, which would take around 1 year.  If we filed a K3 and she came along, by the end of that year would she have acquired PR?  

Secondly, if she has PR, but we go back overseas, is she required to spend any certain amount of time back here to maintain her PR?  She would probably just be coming with me for the 2 months trips each year if that would work.  

Would this plan work for us?  If not, what other routes would you suggest?  Thanks

The others on this forum are correct regarding the K-3 visa. While legally it still exists, de facto it does not. It is a shame because the K-3 on the face of it looks like a perfect visa for many couples in that the foreign national can come and go from the US as they please, adjust status and not worry about having advance parole as K-3 is multiple entry.

 

Sadly such a visa is too good to be true. A K-3 is obtained by filing form I-129F in conjunction with form I-130. The original situation would be is that I-129F would be approved much faster than the I-130 so the beneficiary could apply for the K-3. However, what ends up happening now is that USCIS put the I-129F on hold while adjudicating the I-130. After I-130 is approved, the I-129F is 'administratively closed' and the route to the K-3 is closed and the CR/IR Immigrant Visa is the only path from there. This is why generally you never see K-3s being issued...though very, very, very rarely they do get issued, my only guess in those circumstances is that USCIS forget their policy about holding the I-129F! We're literally talking about 2-4 K-3s being issued a year, it's basically a non-starter.

 

Many VJ members still file Form I-129F with their I-130s in the hope that it speeds things up. In individual cases it has known to, and there's no harm in filing it as it's at no cost with I-130. The vast majority of I-130/I-129F cases appear to be processed at a 'normal' speed though.

 

In your circumstances, yes, the US is not kind to visa required foriegn nationals coming and going as they please...especially if they have residential ties in the US. My suggestion is, if that's something you want in the future, you'd be best having the beneficiary come and live in the US until they become a USC. A tourist visa can be used, but if your spouse is from a country where B-2 visas are already hard to come by having an American spouse in combination would have a very, very, high burden of proof of non-immigrant intent.

Edited by Kai (CanadaDude)

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My guide on Importing a Canadian Vehicle into the US using a Registered Importer: https://www.visajourney.com/wiki/importing-dot-non-compliant-canadian-vehicles-into-the-united-states-with-a-registered-importer-r135/

 

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Wow, great information.  It is somewhat confusing searching online, there seems to be a lot of blurry information and even some contradicting.  But this covered a lot for me, and I really appreciate it.  I think coming to the US for 5 years and the two of us just staying here and her getting citizenship is the way to go.  I would really rather be in her country, but if that opens the doors up for coming and going from then on, it is probably the move to make.  Get USC, then go back to her country and resume our original plans.  Thank you all for your help!

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