Is this the best way for my wife to go to the U.S.? Will she be eligible for the k-3 visa?

Asked over 1 year ago - Las Vegas, NV

My wife and I got married when were 16 she was ilegal in the U.S. we couldnt find jobs so me my wife and my american daughter came to Brazil. I just got a offer to work in the U.S. and we have been advised to not apply for a turist visa for her, to not apply the k-3 visa, but for me to go to the U.S. without my family apply for the I-130 and for her to get the k-3 visa in the middle of the process so we dont have to spend so much time apart, is this possible? can i start the forms and send from Brazil after the forms are sent I go to the US within a month and once the process starts my wife applies for the k-3 visa and comes to the US and finish her immigration process. Did I understand this correctly? can I go/ do I have to go right after i sent the forms? how long will we be apart?

Attorney answers (6)

  1. Wendy Renee Whitt

    Contributor Level 15

    3

    Lawyers agree

    Answered . Do yourself and your family a favor and hire an immigration attorney to assist you with this process. Your situation is far more complex and difficult than you have been led to believe. If you cannot afford an attorney, you will need to get a co-sponsor to help.

  2. Justin G. Randolph

    Contributor Level 16

    2

    Lawyers agree

    Answered . Hi, you should contact an attorney before you do anything. This is a complex issue and what can happens hinges on certain factors (like your wife's age when you left the US) that you haven't provided here. You definitely do not want to deal with this without a lawyer.

    My answering this question does not form an attorney-client relationship. Always retain a qualified attorney... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with my colleague, and note that your posting does not contain the necessary information to answer your question.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Deborah Lynne Karapetian

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . The problem with specific questions like yours is that we don't have enough info to properly answer your question on this forum. I would be happy to analyze the case for you by phone if you want o give me a call. Just click my picture and my information will pop up!

  5. Deborah Lynne Karapetian

    Pro

    Contributor Level 18

    Answered . The problem with specific questions like yours is that we don't have enough info to properly answer your question on this forum. I would be happy to analyze the case for you by phone if you want o give me a call. Just click my picture and my information will pop up!

  6. Rebecca T White

    Contributor Level 15

    Answered . Most likely you will want to file the I-130 now, and then make further plans in terms of returning to the US and relocation. But, as noted, the full details of your situation are going to be very important and can't truly be addressed in this forum. A consultation will go a long way towards setting the two of you on the right path.

    Most immigration attorneys will either Skype or do phone consultations.

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