Legal Question in Immigration Law in Hawaii

If your husband is in Mexico, then he'll need a visa to enter the U.S. If the K-3 is approved prior to the I-130, then he'll process through Juarez for the K-3, enter the U.S. and then file to adjust his status when the I-130 is approved. If the I-130 is approved first, the K-3 is nullified and he'll process through Juarez for an immigrant visa (green card).

Currently, the NVC stopped processing K-3 visas (I-129F), as they are considered obsolete. Your husband will be applying for an Immigrant visa at the Consulate in Mexico (based on your approved I-130). Depending on his prior immigration history (e.g. prior illegal presence in USA), he can be denied a visa and required to file the waiver.

If an immigrant visa is denied, a K-3 visa is denied as well.

I suggest that prior to filing of your I-130 you talk to a knowledgeable immigration attorney.

For example, I-129F can't be filed before filing of I-130 __ if you are filing for a husband, not a fiance.

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