Can My Spouse Come to U.S. to Live while the Visa Petition is Pending?

Help Desk:

I am a U.S. citizen, and filed an I-130 for my wife who is right now in her home country. However, the I-130 is pending. Can my spouse come to the U.S. to live while the visa petition is pending?


Answer:

Yes, she can. Once you file a 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. 

However, 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 wife may wait abroad for immigrant visa processing. Seeking a K-3 visa can be a method for her to come the U.S. more quickly.

 

 

 

 


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