How long will it take for an American living in America to get a green card or k3 visa for their spouse? 

Asked over 1 year ago - Turner, ME

My husband is a Venezuelan. He entered the US when he was a child (10yrs) he overstayed his visa (6yrs) because of his parents and returned to Venezuela on his own when he was 19. He has been married to a US citizen for more then 2 years and has a child who is a US citizen. I am worried that because of his history he won't be eligible for the k3 visa and that the process for him to get a green card will take years.

Attorney answers (3)

  1. Mary Carmen Remigio Madrid-Crost

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . He triggered the 10-year bar when he left at age 19. He needs a waiver to be granted before he could return based on your petition and extreme hardship.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street,... more
  2. Christian Schmidt

    Contributor Level 19

    1

    Lawyer agrees

    Answered . He will need a I-601 waiver to be granted an immigrant visa. A K-3 is not an option. You should consult with an immigration attorney about his situation.

  3. Michael Hugh Carlin

    Contributor Level 18

    Answered . What year did he return to Venezuela? It appears that he began to accumulate unlawful presence in the US beginning with his 18th birthday. If he left the USA at age 19, then he appears to have triggered a 10-year bar, meaning that he must spend 10 years outside the USA, unless he is granted a waiver. If he has an approved I-130 from his US Citizen wife, then he may apply for permanent residence, go to an interview at a US Consulate overseas (presumably in Venezuela), and then submit an application for a waiver. USCIS typically makes decisions on waiver applications in approximately 4 months. If he is granted the waiver, he will be allowed to enter the USA as a permanent resident. You should definitely consult with an experienced immigration attorney about this case.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more

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