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	<title>Comments on: What visa would I need if I submit marriage certificate at the oversea US consulate?</title>
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		<title>By: George L</title>
		<link>http://perfectlovecompatibility.com/what-visa-would-i-need-if-i-submit-marriage-certificate-at-the-oversea-us-consulate/comment-page-1/#comment-7847</link>
		<dc:creator>George L</dc:creator>
		<pubDate>Fri, 15 Aug 2008 05:30:39 +0000</pubDate>
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Well, if you&#039;re already married, you can&#039;t file a K-1, that&#039;s for fiances, not spouses. You would have to file an I-130 IR-1 immigrant visa petition, assuming you&#039;re an American. However, you&#039;d have to file that in the US through USCIS, unless you&#039;re currently a resident overseas, in her country. You can file a K-3 I-129f petition as well, but you&#039;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&#039;t that much difference in time.

As for the work visa, she could only use it if she&#039;s still employed with the company that filed the original work petition.  If she&#039;s not still employed with that company, it&#039;s  no longer valid.     

Check out uscis.gov for more information and forms.

Edit: well, if she&#039;s still employed and intends to continue working for the same employer after she arrives, there&#039;s no reason she can&#039;t use the employment visa to return. then, you&#039;d be able to file everything in the US, and, of course, live together while USCIS is processing the paperwork.</description>
		<content:encoded><![CDATA[<p><a href="http://mycaffeinatedcontent.com">Create a video blog</a></p>
<p>Well, if you&#8217;re already married, you can&#8217;t file a K-1, that&#8217;s for fiances, not spouses. You would have to file an I-130 IR-1 immigrant visa petition, assuming you&#8217;re an American. However, you&#8217;d have to file that in the US through USCIS, unless you&#8217;re currently a resident overseas, in her country. You can file a K-3 I-129f petition as well, but you&#8217;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&#8217;t that much difference in time.</p>
<p>As for the work visa, she could only use it if she&#8217;s still employed with the company that filed the original work petition.  If she&#8217;s not still employed with that company, it&#8217;s  no longer valid.     </p>
<p>Check out uscis.gov for more information and forms.</p>
<p>Edit: well, if she&#8217;s still employed and intends to continue working for the same employer after she arrives, there&#8217;s no reason she can&#8217;t use the employment visa to return. then, you&#8217;d be able to file everything in the US, and, of course, live together while USCIS is processing the paperwork.</p>
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