What visa would I need if I submit marriage certificate at the oversea US consulate?
sphix asked:
If I submit marriage certificate at the oversea US consulate, do I need K1 or K3? She already has a work visa, can she use that to come over and file for green card? I need some direction, thanks.
I am a US citizen and she will still be employed with the same company that got her the work visa.
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If I submit marriage certificate at the oversea US consulate, do I need K1 or K3? She already has a work visa, can she use that to come over and file for green card? I need some direction, thanks.
I am a US citizen and she will still be employed with the same company that got her the work visa.
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August 15th, 2008 at 5:30 am
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Well, if you’re already married, you can’t file a K-1, that’s for fiances, not spouses. You would have to file an I-130 IR-1 immigrant visa petition, assuming you’re an American. However, you’d have to file that in the US through USCIS, unless you’re currently a resident overseas, in her country. You can file a K-3 I-129f petition as well, but you’d still have to file the IR-1 petition, since the K-3 is bases on the IR-1 filing. The K-3 is supposed to be faster to process, but these days, there really isn’t that much difference in time.
As for the work visa, she could only use it if she’s still employed with the company that filed the original work petition. If she’s not still employed with that company, it’s no longer valid.
Check out uscis.gov for more information and forms.
Edit: well, if she’s still employed and intends to continue working for the same employer after she arrives, there’s no reason she can’t use the employment visa to return. then, you’d be able to file everything in the US, and, of course, live together while USCIS is processing the paperwork.