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aarop
Jul 14, 2009, 05:08 PM
I am a us citizen living in Colombia with my Colombian wife. I work in the US for four months every year and we want to go there together for that time. I asked a lawyer if we needed to apply for a k3 visa to do that but he said that because she is Colombian, there is a green card process that we can go through without doing the k3 temporary visa process. He said that with this green card, she has to be in the US for at least 6 months out of the year for the first two years then one day a year every year after that. That process sounds perfect for us. But, I have been looking for more information about it on the internet and, I can't find it. The lawyer fees are huge. I would like to try to do as much on my own as I can (with just a consultation from a lawyer). If anyone knows about this green card process (or has other experiences with this type of situation) please let me know. Than You,
Aaron

DCcityboy
Jul 15, 2009, 08:46 AM
The K-3 is not a temporary visa process. It is the NIV for the spouse of a USC to enter the US to file for adjustment of status to permanent residence.

There is no special green card that has the terms as noted by this attorney. Permanent residence is dependent on permanently living in the US. This is shown by being in the US at least half the time (as the physical presence required for US citizenship). If your wife is a Pr and outside the US for 6 months, then the USCIS has the discretion to determine that she has abandoned her PR.

You need to determine what you want to file for and this depends on where you live. You say you live in Colombia and only visit the US 4 months per year. She needs a B-2 visitor visa, unless you plan on living in the US more than 4 months a year.

Respectfully, find a more experienced US immigration attorney. The information you state, unless there is a miscommunication between you and the attorney, is incorrect.