Can my spouse live in the US while the I-130 visa petition is pending?
If you are a U.S. Citizen then yes! Once you file form I-130, your spouse is eligible to apply for a non-immigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending. The form to file for this benefit is Form I-129F. It is not necessary for your spouse to obtain a K-3 visa in order to come to the U.S. to live and work. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be a method for him or her to come the U.S. more quickly.
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