Question:
I am a US citizen and just married a lady in
foreign country. Can my wife come to the U.S. to live while her
immigrant visa petition is pending?
Answer:
Since you are a U.S. citizen, once you file
Form I-130, your spouse is eligible to apply for a nonimmigrant K-3
Visa. This will entitle her to come to the U.S. to live and work while
the visa petition is pending. The Form to file for this benefit is Form
I-129F.
It is not necessary for your
wife to obtain a K-3 visa in order to come to the U.S. to live and
work. Your spouse may wait abroad for immigrant visa processing.
However, seeking a K-3 visa can be a method for her to come to the U.S.
more quickly.
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