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Simple Questions...

1. can you travel in and out of the USA on a K-1 spousal visa?
2. can you travel in and out of the USA on a k-3 visa?

Once my wife is in the USA be it on k-1 spousal visa or k-3 visa, does she still need to get a visa for Canada for example? Pardon my ignorance but i would really like to know... Thanks.

By raalrock7 on Jul 27, 2006, 11:22 in Visa & paperwork. AddThis Social Bookmark Button


rjstuff says on Jul 29, 2006, 14:37:

A Little answer Your wife can only enter USA once on the K1 visa (she can file for AP if she wants to travel before her green card and this can be used multiple times - I think its good for a year.) K3 is a multiple entry visa (but I don't remeber how long is it good for?)
However, you still need a visa for many countries to go to (Colombian passport is not looked on as kindly as US passport.) So, be careful where you are planning on going - the USC may be able to enter without a visa but the fiance/e may not. Good Luck

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famsearch says on Jul 29, 2006, 15:10:

rj, if she is his wife, she will not get a k-1 visa, that is for fiance/es only. the same form is filed, but since she is married, she gets the k-3 visa.
dan

dan

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rjstuff says on Jul 29, 2006, 19:58:

Yes fam I saw that he calls her spouse but he asked for the K-1 spousal visa - maybe he was looking for K1 info. In any case; can you tel him about the K3 specifics - I don't know much about that. Thanks

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famsearch says on Jul 29, 2006, 21:35:

ok, i'll be happy to give the info. originally, the 129f form was only for couples intending on getting married here in the states. your fiancee would be getting a non-immigrant k-1 visa. once he/she arrived in the states, you would have 90 days to get married. after the wedding, you would have a certain amount of time to make the adjustment to her status. since a backlog had formed in processing the 130 spousal visas, the gov't. created a way that people who married overseas could bring thier spouses back to the states a bit quicker. what they did, was to create the k-3 visa subsection of the 129f. this is the fun part. in order to file for the k-3 visa, you would first have to file the 130, when you get your notice with your case number, you could then file the 129f for your spouse to get the k-3 visa (note that i am using the least complex of examples here). what would then happen, is that the spouse would be issued the k-3 visa to enter the country, under a non-immigrant status, and be allowed to stay with thier spouse while the 130 is being processed. simply put, it is a bit of a trade off, under the 130 spousal visa, which is an immigrant visa, your spouse is not allowed to enter the country until the visa is approved. upon approval of the 130, your spouse is immediately given cr status, soc sec number, etc., but you do not have to file any paperwork to change thier status once here. with the k-3 under the 129f, once the visa is approved, your spouse is allowed to enter the country as a non-immigrant while the approval of the 130 is pending. the 130 still needs to be approved before your spouse can stay permanently. also, you will have to file paperwork to change the status of your spouse, once you are married. your options are, on the one hand, with the 130, it takes a little more time, but in my opinion, the benefits once your spouse is here, outwiegh the additional time seperated. on the other hand, the k-3, filed under the 129f will get your spouse here sooner, but then you have the additional paperwork and associated fees to pay, once they are here.

in our case, my wife and i knew in advance that going the straight 130 route would take some time, and we would be seperated for that time, but we knew we could handle it, and it has made our relationship stronger. that, and this is the 21st century, with modern communications, telephone, email, video communications via phone or internet, the distance isn't as seemingly great as it used to be. if you can tough that out, and save the costs of the extra paperwork, and setting a bit aside every payday, think of the honeymoon you could have... lol. hope this helps!
dan

dan

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lpdiver says on Aug 9, 2006, 04:25:

The K-3 visa... is good for multiple entries for a period of two years.

T

"cook some rice!"

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