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katej0203

What should they do?

By katej0203 in K-3 Spouse Visa Process & Procedures

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katej0203 Explorer

katej0203   1

Posted
Filed: Lift. Cond. (apr) Country: England
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Posted

Ok.... a friend of mine is at University in Chicago, and will be there for another 2 years or so. He is from Sweden, and has a Student visa.

He and his fiance (American Citizen) would like to get married this december!

I am concerned, as there will be a long period of time between their wedding, and the expiration of his student visa.

Where will he stand once they are married, and would he apply for a K3, using the I130 form? Would he wait and do this after his student visa, or try and adjust his status from J1 to Resident immediately? Is that even possible? Surely this would mean he would have to go back to Sweden though, and there could also be the common K3 visa application risks....

I dont think a K1 would be appropriate though, as he has to finish studying, and that application would cancel his J1 visa, wouldn't it? Plus, that wouldnt be ready by december...

Thanks for your help!

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Todd-Leah Community Regular

Todd-Leah   0

Posted
Filed: IR-1/CR-1 Visa Country: Malaysia
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Posted
Ok.... a friend of mine is at University in Chicago, and will be there for another 2 years or so. He is from Sweden, and has a Student visa.

He and his fiance (American Citizen) would like to get married this december!

I am concerned, as there will be a long period of time between their wedding, and the expiration of his student visa.

Where will he stand once they are married, and would he apply for a K3, using the I130 form? Would he wait and do this after his student visa, or try and adjust his status from J1 to Resident immediately? Is that even possible? Surely this would mean he would have to go back to Sweden though, and there could also be the common K3 visa application risks....

I dont think a K1 would be appropriate though, as he has to finish studying, and that application would cancel his J1 visa, wouldn't it? Plus, that wouldnt be ready by december...

Thanks for your help!

Is he in status with his student visa?

If he is in status with his student visa, I believe he can get married and then file I-130, I-485, etc to adjust status.

Leah

USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

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redglasses Proficient

redglasses   1

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Japan
 Timeline
Posted

He can adjust his status right after he gets married and doesn't have to go back to his country.

He can legally stay in the US while waiting for the approval of his GC.

Good luck!

Immigration Process (DCF Japan)

08/06/2008 I-130 petition at Tokyo, Japan

08/13/2008 I-130 approved

|

| Waited until we were ready to move back

|

07/13/2009 IV interview at Tokyo, Japan

07/15/2009 IV(IR-1) in hand

Post-DCF

07/29/2009 POE at Las Vegas

08/17/2009 GC(10yrs) received

Click here for the detailed timeline.

Done with USCIS until

- naturalization in May 2012 or

- GC replacement in February 2019

CXmLm7.png

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katej0203 Explorer

katej0203   1

Posted
Filed: Lift. Cond. (apr) Country: England
 Timeline
  • Author
Posted (edited)

Yes, he is in status..... he will be for another 2 or 3 years after they are married...

So, he can adjust his status immediately, and this wont jeopardise his studying in any way??? Although the university would not be aware of what is going on, it is best to be on the legal side.... can you study when you are in the AOS stage?

Edited by katej0203
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