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Want to bring my wife from Thailand: K-3 or immigration visa?

Advise on how to get my wife into the US?

  • I am a U.S. citizen. My wife is Portuguese. We were married here in the U.S. last February. I filed a I-130 in June and a I-129 (for k3 visa) in July. Since then...absolutely nothing has happened. My wife returned to Portugal because we thought that she had to. We found out later that if she had not returned to Portugal that she could have stayed here this whole time legally while awaiting the outcome of her case. But, now that she has left...we understand that she can not return (even to visit) until the eventual outcome of her case. Once again...absolutely nothing is happeneing. The USCIS website says that it should have taken 5 months...that is obviously incorrect. The 800 number for USCIS is useless (no human beings there at all...just machines). I have filed 2 requests for information to USCIS and received no reply. So far, our cases are still in the "initial review" status. I received notices to go for biometrics tests about 1 month after filing the applications (which I did) but, otherwise, nothing. We are gettting a little depressed as we have tried to do everything legally and right. I just want my wife here. That's all. My question is...if I just cancel everything (all immigration applications)...then could my wife come here again as a visitor and then I start everything over again...except this time she doesn't return to Portugal to wait?

  • Answer:

    You did the correct thing .. you should be filing for a CR1 ,... the K-3 is virtually obsolete no ..she must not return until this is sorted You the US citizen do not go for biometrics follow the procedure here Follow the flowcharts here http://familybasedimmigration.com/forum/index.php if you have problems understanding this site .... get a Aila Lawyer

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I would not go that route. First, I'd contact an immigration attorney. Yes, it will cost some money, but they will do things properly and in the right order.

Stache Man

She is legally allowed to visit temporarily and then go back before her interview is scheduled. Portuguese citizens can generally benefit from the Visa Waiver Program and visit up to 90 days without a visa. However, you cannot adjust status (for example, to conditional resident due to marrying a U.S. citizen) when you are in waiver status like you could when you have a B1/B2 visa. Assuming she was there in Visa Waiver status when you got married (rather than on a visa such as F-1 student or a full B1/B2 visitor's visa), she would not have been able to stay. Customs and Border Patrol (CBP) may have questions about her intent at the port of entry if they are concerned that she is not there for a temporary visit, given that her husband is in the U.S. They do have the authority to deny admission to anyone they think will violate their status. If your wife can't use the Visa Waiver Program for any reason (such as ESTA denial), she will need to apply for a B1/B2 visa and convince the consular officer that she plans to go for a short visit and then come back and wait for her immigrant visa interview to come up.

JVB

Teach her how to swim

honeybeejim

All you can do is wait. It sounds like she came here illegally in the first place since she was here before you applied for her to have a visa. I thought it was common knowledge that if you married someone from another country here in the U.S. they didn't have to leave and they couldn't be forced to leave either. Now that she is gone there is nothing you can do about it until those papers go through. You could cancel those papers and reenter your applications but odds are that it will just take longer. Just keep calling and hounding the offices that you turned the applications into. Eventually something will happen. Sorry about your marriage but with the divorce rate being what it is in this country, maybe this is an omen about ho the rest of your marriage will be.

Allen

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