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Q: US Visa and immegration ( Answered,   0 Comments )
Question  
Subject: US Visa and immegration
Category: Relationships and Society > Law
Asked by: rakan-ga
List Price: $5.00
Posted: 06 Nov 2004 20:48 PST
Expires: 06 Dec 2004 20:48 PST
Question ID: 425565
I am a US citizen by birth, Lived most of my life outside the USA. I
am now married to a Saudi girl and have a tow year baby girl.
I have moved back to the US six months ago to finish my degree.
My question is:
What is the easiest and fastest way for m family to join my in the US.
Should they ask for a Visa or a Green Card
Answer  
Subject: Re: US Visa and immegration
Answered By: hummer-ga on 07 Nov 2004 05:22 PST
 
Hi rakan,

The easiest and fastest way to bring your wife to the U.S. is to apply
for a K-3 nonimmigrant visa. The K-3 is there to bring families
together and to reduce the separation time. Once in the U.S., your
wife will be able to apply to become a permanent resident.

INS Implements the ?K? Nonimmigrant Visa Provision of the LIFE Act:
For those who wish to take advantage of this new provision, to be
eligible for a K-3 nonimmigrant visa, an applicant MUST:
    * Be the spouse of a U.S. citizen;
    * Have a Form I-130 (Petition for Alien Relative) filed on his/her
behalf by his/her U.S. citizen spouse, that is pending
    * Submit a completed Form I-693 (Medical Examination) when he/she
appears at the consulate to apply for the K-3 visa from the Department
of State.
Applying for Immigrant Status
The K-3/4 nonimmigrant classification does not provide immigrant
status.  To obtain immigrant status --once in the United States -- a
K-3 nonimmigrant must file a Form I-485 (Application for Adjustment to
Permanent Residence).
http://uscis.gov/graphics/publicaffairs/newsrels/life081401.htm

How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? 
http://uscis.gov/graphics/howdoi/hdiknonimm.htm

To ease applicant burden and to avoid any confusion, the Service
recommends that petitioners whose alien spouses wish to first obtain a
K-3/K-4 visa abroad and later adjust while in the United States so
state in Question 21 of Form I-130.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&docid=fr14au01-1

FORM 1-130: Petition for Alien Relative 
http://uscis.gov/graphics/formsfee/forms/i-130.htm

>>>>>>

However, in regards to your daughter, you need to get in touch with
USCIS to enquire about your particular personal circumstances because
as a child of a U.S. citizen, she can automatically become a U.S.
citizen if she enters the U.S. as an immigrant. Tell them you would
like to bring your wife over on a K-3 to reunite your family as soon
as possible, but at the same time, you don't want to jeapordize your
biological daughter's claim to her U.S. citizenship.

Field Office Locations:
http://uscis.gov/graphics/fieldoffices/statemap.htm

Information for Parents of Foreign-Born Biological Children Residing
in the U.S., January 2004
Does my child qualify for automatic citizenship under the CCA?
Under the CCA, your child will automatically acquire U.S. citizenship
on the date that all of the following requirements are satisfied:
    * At least one parent is a U.S. citizen,
    * The child is under 18 years of age, and
    * The child is admitted to the United States as an immigrant. 
http://uscis.gov/graphics/services/natz/bio_residing_us.htm

I hope this helps. If you have any questions, please post a
clarification request *before* closing/rating my answer and I'll be
happy to reply.

Thank you,
hummer

Search Strategy:

I searched the U.S. Bureau of Citizenship and Immigration Services website.
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