V-Non Immigrant Status

[jeromeoh]

Hi All,

 

Has anyone tried using I-129F form under V For Life non-immigration status of a spouse for entry to the states? I've been married to a Chinese national for over 3 years and would like to bring her over, from mainland China, under this form of entry because it seems the quickest way of getting her here. I understand that once here, she can apply for a K-3 visa and remain here until approved/disapproved. Any information regarding this topic would be appreciated. Thanks.

Jerry

[tywy_99]

Hello Jerome,

 

I haven't seen much talk about the V visa here. The only thing I really ever knew about it ws that it was a visa issued to family members of a legal permanent resident.

But looking into it further after seeing your post, the information about the V visa has to meet certain conditions. One of the conditions is if the I-130 filed by the LPR for the family member has been over 3 years and the other condition was if the I-130 was filed by the LPR on or before December 21, 2000.

 

I know that the LIFE act, signed into law, was meant to ease the pressures and burdens faced by many people wanting to immigrate.

 

I guess the first question that comes to mind is, are you a LPR?

and the 2nd question would be, do you meet the requirements?

 

http://www.visalaw.com/00dec5/12dec500.html

[jeromeoh]

Hello Jerome,

 

I haven't seen much talk about the V visa here. The only thing I really ever knew about it ws that it was a visa issued to family members of a legal permanent resident.

But looking into it further after seeing your post, the information about the V visa has to meet certain conditions. One of the conditions is if the I-130 filed by the LPR for the family member has been over 3 years and the other condition was if the I-130 was filed by the LPR on or before December 21, 2000.

 

I know that the LIFE act, signed into law, was meant to ease the pressures and burdens faced by many people wanting to immigrate.

 

I guess the first question that comes to mind is, are you a LPR?

and the 2nd question would be, do you meet the requirements?

 

http://www.visalaw.com/00dec5/12dec500.html

159618[/snapback]

Thank you for your reply. Here is a little info I copied off of a website address I will give you at the end:

Who is Eligible?

A person may receive a K-3 visa if that person:

 

has concluded a valid marriage with a citizen of the United States;

has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,

has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse,

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

 

How Do I Apply?

So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file Form I-130 on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen’s place of residence. The citizen petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130 has been received by the USCIS. The citizen should then file a copy of this I-797, along with a Form I-129F on behalf of the alien spouse and any children, to the following address:

 

U.S. Citizenship and Immigration Services

P.O. Box 7218

Chicago, IL 60680-7218

Petitioners should be careful to follow all instructions on each form and provide the Service with all necessary documentation. Following adjudication of the Form I-129F, the petition will be forwarded to the applicable consulate so that the alien beneficiary or beneficiaries may apply to the Department of State for nonimmigrant K-3/K-4 visas.

 

Unless I'm reading this all wrong, it seems they have expanded the qualifications for filing under this method. Here's the gov's address I copied this from:

http://uscis.gov/graphics/howdoi/hdiknonimm.htm

Jerry (Jerome)

[tywy_99]

Jerome,

 

The link you posted are the steps for the K3 visa for sure but first you have to file the I-130 petition. When you receive the I-797C receipt notice from the USCIS, you can then file the I-129F petition for the K3 visa.

There are a few K3 petitioners here, myself included, that will be more than willing to help with any questions you might have. For that matter, the K1 petitioners here can help out as well.

 

-good luck to you...and file that I-130 first. Follow the instructions carefully and feel free to ask any questions you might have.

 

and welcome to CFL

[jeromeoh]

Jerome,

 

The link you posted are the steps for the K3 visa for sure but first you have to file the I-130 petition. When you receive the I-797C receipt notice from the USCIS, you can then file the I-129F petition for the K3 visa.

There are a few K3 petitioners here, myself included, that will be more than willing to help with any questions you might have. For that matter, the K1 petitioners here can help out as well.

 

-good luck to you...and file that I-130 first. Follow the instructions carefully and feel free to ask any questions you might have.

 

and welcome to CFL

159631[/snapback]

Thank you Tywy. This is a great site and I feel fortunate to have been referred to it. I haven't as yet filed the I-130 and will probably not do so until January or February. They seem to make it so confusing to file, but that's probably intentional. I want to totally immerse myself in how to go about it before I attempt it. Anyway, thanks again.

Jerry

[frank1538]

Looks like you've already gotten the skinny from Ty - the V visa is only available for the spouse of a legal permanent resident (not a US citizen) and only available if the I-130 was filed before 12//21/00.

 

If you are a legal permanent resident, you will not be able to file for the K-3 visa which is only available to spouses of US citizens. What this means is that, if you are a LPR, you'll be stuck with filing just the I-130. If you are an LPR rather than a USC, your spouse will not be an "immediate relative" and will be subject to the annual limitations on the number of visas that can be issued.

 

I hope you're a citizen rather than a legal permanent resident.