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guinness1969

Could we marry and file for an I-130 if I were to travel to the US on a work visa?

By guinness1969 in K-3 Spouse Visa Process & Procedures

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pushbrk Grand Master

pushbrk   12,569

Posted
Filed: Other Country: China
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Posted
Firstly...Hi everyone and the best of luck

So can anyone please tell me if it would be possible for me to transfer my job to the US, obtaining the necessary work visa (a H-1 I think it is) beforehand, and then for us to marry and apply for an I-130/K3 and for me to remain in the US while doing so?

I know it's not possible on a tourist visa so would it be ok on a work visa?

Guinness

Wait wait wait... your post is has many different elements and some do not seem to fit completely together...

Can you come to the USA and marry your fiance and then file an I130/I-129F(K3) and remain in the US while doing so? The answer is that you can stay in the US for as long as you are authorized via the I-94 (which you receive when you enter). As long as you intend to return to the UK to complete the visa process there is no problem doing so.

If you intend to use a non-immigrant visa (or program) to gain entry to the USA and immigrate then you will have most likely violated the terms and conditions upon which you were granted entry.

I bolded the part fwaguy seems to have missed in the OP's post. An H1B visa allows adjustment of status to permanent resident.

I did not miss it. That why I mentioned that the post elements were not completely fitting together.

Let me be so kind as to put in red what pushbrk seems to have not taken the time to read and comprehend before he decided to post. The OP said I130/K3 and not AOS.

Right, so why not just say they file the I-130 and adjust status instead of needing any other visa? If a person is in the US on a visa that allows status adjustment, they don't need another visa. How about we focus on helping people and answering questions instead of pissing contests? You game?

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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gogo Proficient

gogo   6

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Filed: IR-1/CR-1 Visa Country: China
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a dead horse... :crying: that's so sad...

I-130 STAGE 1 : 533 days - 1 year 6 months (4/16/2007 to 9/22/2008)

Priority Date I-130 : 4/16/2007 ( 533 days , APPROVED 9/22/2008)
Transferred to local office based on "security checks" : 11/27/2007
wrote hundreds of letters - received letter from FBI Records Management Chief stating no security checks
local office interview : 2/21/2008 - brought my parents too (result : you will get approval within 2-3 weeks)
5/2/2008 - (lawsuit) Writ of Mandamus - OFFICIAL DATE (7/29/2008)
9/22/2008 - CALL AND EMAIL COPY OF APPROVAL NOTICE FROM LAWYER

NVC STAGE 2 : 99 days - 3 months (9/30/2008 to 1/7/2009)
NVC Received : 9/30/2008
Received Packet 3 (I-864/DS-230) : 11/10/2008
NVC says "RFE sent out 12/9/08 for missing documents" : 12/10/2008
CASE COMPLETE - 1/7/2009

CONSULATE STAGE 3 : 96 days - 3 months (1/8/2009 to 4/14/2009)
CLEARED CUSTOMS - 3/10/2009
**APPOINTMENT DATE : 4/14/2009, 7:15AM**
** BLUE SLIP **

AP STAGE 4 : 97 days - 3 months (4/14/2009 to 7/20/2009)
DOS call to receive I-601 (Waiver of Grounds for Inadmissibility - basically denial) from Guangzhou : 6/24/2009

REMOVAL OF I-601 due to my letters to the USCIS Director, Michael Aytes: 6/29/2009
CALL-IN LETTER NOTIFIED : 7/8/2009
CALL-IN LETTER (APPROVAL)!! : 7/16/2009
ALL DONE!! (got both GREEN CARD & SSN CARD) : 10/1/2009

"http://www.visajourney.com/forums/topic/194075-feel-like-a-cr-1-csc-castaway/page-60" (pages 53-63) for more updates and letter I wrote to Director Michael Aytes and his replies and back and forth..

HER PARENTS - 10 months so far

I-130 Sent In : 1/7/2013

I-130 Approval : 3/28/2013

Transfer to NVC : 6/12/2013

Case Complete : 8/25/2013

"Ready for Interview" (Ready to wait for 1-3 Months, this is official NVC letter transfer date) : 9/9/2013

DHL Tracking : arrived 9/24/2013

P4 Letter : 11/21/2013

Interview Date : 12/9/2013, originally 12/3, stupid lawyer filled out her dad's passport number wrong..

Interview Passed : 12/9/2013

Visa "Issued" on CEAC : 12/10/2013

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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Posted (edited)
Right, so why not just say they file the I-130 and adjust status instead of needing any other visa? If a person is in the US on a visa that allows status adjustment, they don't need another visa. How about we focus on helping people and answering questions instead of pissing contests? You game?

I ANSWERED THE QUESTION!!! We came to a fork in the road, I happened to go left and you went to the right. What is wrong with that?

Edited by fwaguy

YMMV

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pushbrk Grand Master

pushbrk   12,569

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What about a B1/B2 border crossing visa? Does this allow AOS while in the US?
No if the intent is to immigrate when using that visa.

This is beating a dead horse. If a NON-Immigrant visa other than K-1, and K-3 are used with the INTENT to immigrate that is VISA FRAUD.

Using an H1B visa with the intent to immigrate is not visa fraud. It is a dual intent visa.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

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pushbrk Grand Master

pushbrk   12,569

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Filed: Other Country: China
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Right, so why not just say they file the I-130 and adjust status instead of needing any other visa? If a person is in the US on a visa that allows status adjustment, they don't need another visa. How about we focus on helping people and answering questions instead of pissing contests? You game?

I ANSWERED THE QUESTION!!! We came to a fork in the road, I happened to go left and you went to the right. What is wrong with that?

Taking the wrong fork. :yes:

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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Posted
Right, so why not just say they file the I-130 and adjust status instead of needing any other visa? If a person is in the US on a visa that allows status adjustment, they don't need another visa. How about we focus on helping people and answering questions instead of pissing contests? You game?

I ANSWERED THE QUESTION!!! We came to a fork in the road, I happened to go left and you went to the right. What is wrong with that?

Taking the wrong fork. :yes:

There is no wrong fork because both deserved to be clarified. Why are you not all over some of the other posters in this thread who actually misread the question and gave incorrect advice?

YMMV

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pushbrk Grand Master

pushbrk   12,569

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Filed: Other Country: China
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Right, so why not just say they file the I-130 and adjust status instead of needing any other visa? If a person is in the US on a visa that allows status adjustment, they don't need another visa. How about we focus on helping people and answering questions instead of pissing contests? You game?

I ANSWERED THE QUESTION!!! We came to a fork in the road, I happened to go left and you went to the right. What is wrong with that?

Taking the wrong fork. :yes:

There is no wrong fork because both deserved to be clarified. Why are you not all over some of the other posters in this thread who actually misread the question and gave incorrect advice?

Ok, so the answer to my question is "no". I get it. Piss on alone.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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guinness1969 Contributor

guinness1969   0

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Filed: Country: United Kingdom
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I am a little confused by something that was posted earlier though, someone said that you would still be able to visit during the K-1 journey-is this right? I thought that going down the fiancee visa route meant that I had to stay out of the US?

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pushbrk Grand Master

pushbrk   12,569

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I am a little confused by something that was posted earlier though, someone said that you would still be able to visit during the K-1 journey-is this right? I thought that going down the fiancee visa route meant that I had to stay out of the US?

You thought wrong. However, there is never a guarantee of admission to the US by any foreigner at any time. Those involved in fiance or spoused based immigration visa processes should be prepared to show strong enough ties to their home country to convince an agent they will return home.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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guinness1969 Contributor

guinness1969   0

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Thanks pushbrk-that's given us something to think about. The whole point of me selling my house and transfering my job was because neither of us could handle not seeing each other for the 7 months or so that the fiancee visa process would take, but if we would still be able to meet up then that makes things alot more bearable.

G.

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guinness1969 Contributor

guinness1969   0

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So-just make sure that I have this right...

If we go down the route of the K1 fiance visa, then I would be allowed to visit the US while the visa process is going on. But if I were to go to the US and we were to marry then file an I-130, I could only stay as long as my I-94 allowed me to and I would then have to return to the UK until the process was complete (or would I be allowed to visit on another I-94?)

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pushbrk Grand Master

pushbrk   12,569

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So-just make sure that I have this right...

If we go down the route of the K1 fiance visa, then I would be allowed to visit the US while the visa process is going on. But if I were to go to the US and we were to marry then file an I-130, I could only stay as long as my I-94 allowed me to and I would then have to return to the UK until the process was complete (or would I be allowed to visit on another I-94?)

Again, no guarantees of entry but yes, you could visit again.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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