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K-3 Visa Ineffective? Should We Fill Out The I-129F For My CR-1 Visa?
Anonymous5 views3 answers
I got married to my wife last month ( I married her SOON AFTER my entry on my B1/B2 visa, i hope we're not going to run into problems because of that) and we sent out the I-130 petition. Since I am going to go back to my country (Brazil) soon because i dont want the USCIS to think that i had a pre-conceived intention to adjust status in the U.S ( i heard that it is very dangerous) i also don't want to be away from my wife for too long! I heard that the K-3 could speed it up, but some say it's ineffective because the time difference between I-130 and I-129F is like a month.. is that true?
Also, am I going to be in trouble for marrying my wife on my tourist visa? is that dangerous? we're trying to get a spousal visa for me so I'm leaving the U.S soon before my I-94 expires!
Pedro A. MirandaImmigration AttorneyHollywood, FL ·
Since you are returning to your country, there will be no issue of preconceived intention because you got married on your B1, B2 visit. You are correct in that, as a practical matter, a K-3 visa generally may take about the same time to adjudicate as your immigrant visa application itself.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Unless you are from Pakistan, Egypt or Afghanistan a K-3 visa will not "speed things' up by much, just 3 between 6 months, at the very most. It is, however, a substantial extra expense. Both before coming to the USA and after, since aside from having spent the I-129/F fee to USCIS, once here you will have to spend an additional $1,070, something you wouldn't have to do if you "bite the bullet", wait it out in Brazil for the 12-16 months it takes to complete the CR-1 Immigrant visa application process.
Robert Louis BrownImmigration AttorneyCleveland, OH ·
You may marry as a tourist and departure cures the pre conceived intent. Talk with an immigration attorney before departing. The K3 probably does not help.
