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roadking

K1 or I30?

By roadking in K-1 Fiance(e) Visa Process & Procedures

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roadking Newbie

roadking   0

Posted
Filed: Country: Mexico
 Timeline
Posted

My Fiance is Mexican and lives in a border town. She has a "border crossing visa" and a Tourest visa to visit me (as I am more than 25 miles away from the border). We were told by USCIS that if she is here "legally" on her tourest visa that we should get married here and file the I-130 and related paperwork. However, in reading through the forms guidelines section here...there is a huge WARNING not to do this! Has anyone experienced this similar situation? We are to be married in June and if we need the Fiance Visa...we won't get it in time! Any advice?

Thanks!

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Cristy Proficient

Cristy   4

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

That is not a good idea at all. You would have to prove that there was no intent to get married, which you can't.

You would either need to set your wedding date back or apply for K3 after you are married.

*January 24 2006 - mailed in I129-F petition

*January 25 2006 - I129-F received at CSC

*January 30 2006 - packet returned.....arggggggggg we forgot one signature!!

*January 31 2006 - sent I129-F back to the CSC, hope we did not forget anything else

*February 1 2006 - I129-F received at CSC again

*February 3 2006 - NOA1

*April 20 2006 - NOA2!!!!!

*April 24 2006 - Touched!

*May 15 2006 - NVC received petition today!

*May 17 2006 - Case left NVC today!!

*May 30 2006 - Received Packet 3 from Vancouver!

*May 30 2006 - Faxed back Packet 3!!

*June 6 2006 - Received packet 4!

*June 20 2006 - Medical in Saskatoon

*June 28 2006 - Interview in Vancouver!!

*June 28 2006 - GOT THE VISA!!!*June 30 2006 - Moving day!

*July 3 2006 - Home at last!!

*July 28 2006 - married!

*September 13 2006 - Mailed AOS/EAD package

*September 25 2006 - Received NOA for AOS/EAD

*October 6 2006 - Biometrics appointments

*October 10 2006 - Touched!

*October 19 2006 - Transferred to CSC!

*October 26 2006 - Received by CSC

*October 27 2006 - Touched

*October 28 2006 - Touched again

*October 31 2006 - Touched again

*November 2 2006 - Touched again

*November 3 2006- and another touch

*November 7 2006- touched

*November 7 2006 - My case approved, still waiting for kids!

*November 8 2006 - Touched my case again

*November 13 2006 - Greencard arrived...yeah I can work!

*November 14 2006 - Touched my case again

*January 2007 - RFE for kids Greencard.

*February 2007 - kids medical and sent in RFE

*February 2007 - Received kids greencards

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snz1802 Proficient

snz1802   0

Posted
Filed: AOS (pnd) Country: South Korea
 Timeline
Posted

I agree, you don't want to run the risk of visa fraud by coming to the states with the intent to marry and then trying to adjust....that is a big risk

1/12/06 Mail I-129f express mail

1/13/06 TSC rec'd

1/23/06 NOA1 from CSC

1/27/06 - Check cleared

7/10/06 - NOA2

7/14/06- rec'd @ NVC

8/14/06- NVC sent petition to Consulate

8/17/06 - Korean Consulate rec'd Petition

8/23/06 - rec'd packet 3 from Consulate

8/25/06 - sent packet 3 back to Consulate

8/27/06 - got confirmation email from Consulate, they rec'd packet three

8/27/06 - requested interview date via Consulate internet site.

9/1/06 - Checked internet site for interveiw date, it was there

9/25/06 - Interview date - APPROVED

9/28/06 - Visa in Zaeems Hand - YEAHHHHH

1/6/07 - leaving for USA

1/20/07 - Wedding Date

1/20/07 - MARRIED!!!!!

2/10/07 - rec'd certified copy of marriage license

AOS

3/13/07 - AOS package rec'd at Chicago Lockbox

3/20/07 - Rec'd Social Security Card

3/21/07 - Checks Cashed and Case Status online

3/24/07 - NOA1 Rec'd for AOS and EAD

3/27/07 - rec'd Biometrics appt letter - scheduled for 4/20/07 @ 11:00am

4/02/07 - "touched"

4/20/07 - had biometrics appt.

4/21/07 - rec'd letter stating case was transferred to CSC

5/22/07 - rec'd Case Pending at CSC email

6/25/07 - EAD card production ordered

7/7/07 - EAD "touched"

7/7/07 - AOS "touched"

8-6-07 - Rec'd EAD Card in the Mail

5-20-08 - AOS INTERVIEW - APPROVED - PASSPORT STAMPED

7-2-10 - Received 10 year green card in mail

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Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

roadking,

It is not the function of USCIS to give advice with regard to immigration law and most USCIS employees - or the contract employees - are not trained in immigration law.

If you want legal advice, have a consultation with an immigration attorney. That's why you see the warning on VJ with regard to this subject.

Yodrak

Is the USCIS in the practice then of giving BAD ADVICE!!!! Now what do we do???
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