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Abandon K1 for K3? Or greencard?

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Filed: Country: Wales
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Has anyone here abandoned the K1 process for the K3? Or has anyone switched over or gotten married during the K1 and tried something else?

My fiance and I keep running into people here and in the UK (he's back in the UK now) that just got married and they got a green card and could start working immediately. I don't get it. I thought doing the K1 and the K3 is what gets you a green card. I thought the idea of marrying and just staying here in the USA didn't exist anymore...but we've run into UK citizens who have done it that way, marry and then instantly get a green card. I don't understand or know what to do now. Because it seems like we may fail the interview, since I still only have part time work and no co-sponsor. My fiance is getting worried that we won't be able to visit each other in our countries now for a year and he is wondering whether we can either just get married and switch to the K3 or get married and instantly have a green card.

So, does anyone have stories for us to either help us stay the course or give us better direction.

At this point we've done everything except have the interview, because I still don't have a full time job to meet the minimum income requirements. Can there be anything done? We've requested an extension as the NOA2 expires on 2/2/09. But, we've heard nothing back from them to indicate that it will be extended. We sent an email and a fax and we called them. When we called them they didn't seem to positive about us requesting an extension this late in the game and told us we had to have an attorney send in a notarized statement from us guaranteeing that we'd marry within 3 months of him living here. That's all the data. Does anyone have a story we need to hear?

Thanks so much for your help.

Aleisha

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Filed: Citizen (apr) Country: Israel
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if you marry abroad and live together for 2 years there and then intend to immigrate to the USA you get a greencard. However you will not get a greencard just for marrying overseas now... What do you want to do? You can start the process a little faster with a K-1 because it is paperwork and no marriage yet...

Emmett Fitz-Hume: I'm sorry I'm late, I had to attend the reading of a will. I had to stay till the very end, and I found out I received nothing... broke my arm.

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Filed: Country: Germany
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Aleisha,

Adjusting status after you get your K1 is the part where income requirements are pretty strict. Since I went the K1 route and not K3, I can't advise on that, but the income requirements will be the same. As for the extension, we also had an extension from our consulate and it was no problem for us.

Have you read through the guides for the various visas available? You've already gotten this far with the K1, and were you to abandon that, have him come to the US on a tourist visa, and then get married here to adjust status you'd run up against two things: 1. you've already indicated your intent to marry and immigrate, so that's visa fraud and 2. you'd still have to prove sufficient income to meet the requirements for adjustment of status.

Do you work enough to meet the 125% of the poverty line?

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Filed: Citizen (apr) Country: Canada
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Also to keep in mind, the income is just a total income, it doesnt need to be a full time job, it can be a couple part times that add up to the requirements, so if you can't get a fulltime, you could always get a second part time job to help boost your income.

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Filed: AOS (apr) Country: Philippines
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Has anyone here abandoned the K1 process for the K3? Or has anyone switched over or gotten married during the K1 and tried something else?

My fiance and I keep running into people here and in the UK (he's back in the UK now) that just got married and they got a green card and could start working immediately. I don't get it. I thought doing the K1 and the K3 is what gets you a green card. I thought the idea of marrying and just staying here in the USA didn't exist anymore...but we've run into UK citizens who have done it that way, marry and then instantly get a green card. I don't understand or know what to do now. Because it seems like we may fail the interview, since I still only have part time work and no co-sponsor. My fiance is getting worried that we won't be able to visit each other in our countries now for a year and he is wondering whether we can either just get married and switch to the K3 or get married and instantly have a green card.

So, does anyone have stories for us to either help us stay the course or give us better direction.

At this point we've done everything except have the interview, because I still don't have a full time job to meet the minimum income requirements. Can there be anything done? We've requested an extension as the NOA2 expires on 2/2/09. But, we've heard nothing back from them to indicate that it will be extended. We sent an email and a fax and we called them. When we called them they didn't seem to positive about us requesting an extension this late in the game and told us we had to have an attorney send in a notarized statement from us guaranteeing that we'd marry within 3 months of him living here. That's all the data. Does anyone have a story we need to hear?

Thanks so much for your help.

Aleisha

If you will fail the K-1 visa due to a lack of income... all other visas or paths to a greencard will fail as well, because they all have the same or similar income requirement

Edited by payxibka

YMMV

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Filed: Other Country: China
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Has anyone here abandoned the K1 process for the K3? Or has anyone switched over or gotten married during the K1 and tried something else?

My fiance and I keep running into people here and in the UK (he's back in the UK now) that just got married and they got a green card and could start working immediately. I don't get it. I thought doing the K1 and the K3 is what gets you a green card. I thought the idea of marrying and just staying here in the USA didn't exist anymore...but we've run into UK citizens who have done it that way, marry and then instantly get a green card. I don't understand or know what to do now. Because it seems like we may fail the interview, since I still only have part time work and no co-sponsor. My fiance is getting worried that we won't be able to visit each other in our countries now for a year and he is wondering whether we can either just get married and switch to the K3 or get married and instantly have a green card.

So, does anyone have stories for us to either help us stay the course or give us better direction.

At this point we've done everything except have the interview, because I still don't have a full time job to meet the minimum income requirements. Can there be anything done? We've requested an extension as the NOA2 expires on 2/2/09. But, we've heard nothing back from them to indicate that it will be extended. We sent an email and a fax and we called them. When we called them they didn't seem to positive about us requesting an extension this late in the game and told us we had to have an attorney send in a notarized statement from us guaranteeing that we'd marry within 3 months of him living here. That's all the data. Does anyone have a story we need to hear?

Thanks so much for your help.

Aleisha

If you will fail the K-1 visa due to a lack of income... all other visas or paths to a greencard will fail as well, because they all have the same or similar income requirement

That and there is no "instant green card". An immigrant visa process, CR1 or IR1 results in LPR status immediately upon US entry but is a months long process. Even those who while visiting, simply change their plans, marry and adjust status face a months long adjustment of status process (also requiring a qualified sponsor) before the green card is in hand.

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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Filed: Country: Wales
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Has anyone here abandoned the K1 process for the K3? Or has anyone switched over or gotten married during the K1 and tried something else?

My fiance and I keep running into people here and in the UK (he's back in the UK now) that just got married and they got a green card and could start working immediately. I don't get it. I thought doing the K1 and the K3 is what gets you a green card. I thought the idea of marrying and just staying here in the USA didn't exist anymore...but we've run into UK citizens who have done it that way, marry and then instantly get a green card. I don't understand or know what to do now. Because it seems like we may fail the interview, since I still only have part time work and no co-sponsor. My fiance is getting worried that we won't be able to visit each other in our countries now for a year and he is wondering whether we can either just get married and switch to the K3 or get married and instantly have a green card.

So, does anyone have stories for us to either help us stay the course or give us better direction.

At this point we've done everything except have the interview, because I still don't have a full time job to meet the minimum income requirements. Can there be anything done? We've requested an extension as the NOA2 expires on 2/2/09. But, we've heard nothing back from them to indicate that it will be extended. We sent an email and a fax and we called them. When we called them they didn't seem to positive about us requesting an extension this late in the game and told us we had to have an attorney send in a notarized statement from us guaranteeing that we'd marry within 3 months of him living here. That's all the data. Does anyone have a story we need to hear?

Thanks so much for your help.

Aleisha

If you will fail the K-1 visa due to a lack of income... all other visas or paths to a greencard will fail as well, because they all have the same or similar income requirement

That and there is no "instant green card". An immigrant visa process, CR1 or IR1 results in LPR status immediately upon US entry but is a months long process. Even those who while visiting, simply change their plans, marry and adjust status face a months long adjustment of status process (also requiring a qualified sponsor) before the green card is in hand.

Thank you all for your comments. This really helps. I think, at this point, we must stay the course and pray we get an extension to give me time to fulfill that one last requirement.

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Filed: Other Country: China
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Has anyone here abandoned the K1 process for the K3? Or has anyone switched over or gotten married during the K1 and tried something else?

My fiance and I keep running into people here and in the UK (he's back in the UK now) that just got married and they got a green card and could start working immediately. I don't get it. I thought doing the K1 and the K3 is what gets you a green card. I thought the idea of marrying and just staying here in the USA didn't exist anymore...but we've run into UK citizens who have done it that way, marry and then instantly get a green card. I don't understand or know what to do now. Because it seems like we may fail the interview, since I still only have part time work and no co-sponsor. My fiance is getting worried that we won't be able to visit each other in our countries now for a year and he is wondering whether we can either just get married and switch to the K3 or get married and instantly have a green card.

So, does anyone have stories for us to either help us stay the course or give us better direction.

At this point we've done everything except have the interview, because I still don't have a full time job to meet the minimum income requirements. Can there be anything done? We've requested an extension as the NOA2 expires on 2/2/09. But, we've heard nothing back from them to indicate that it will be extended. We sent an email and a fax and we called them. When we called them they didn't seem to positive about us requesting an extension this late in the game and told us we had to have an attorney send in a notarized statement from us guaranteeing that we'd marry within 3 months of him living here. That's all the data. Does anyone have a story we need to hear?

Thanks so much for your help.

Aleisha

If you will fail the K-1 visa due to a lack of income... all other visas or paths to a greencard will fail as well, because they all have the same or similar income requirement

That and there is no "instant green card". An immigrant visa process, CR1 or IR1 results in LPR status immediately upon US entry but is a months long process. Even those who while visiting, simply change their plans, marry and adjust status face a months long adjustment of status process (also requiring a qualified sponsor) before the green card is in hand.

Thank you all for your comments. This really helps. I think, at this point, we must stay the course and pray we get an extension to give me time to fulfill that one last requirement.

Extending the validity of the petition is a routine thing. No worries. Get a co-sponsor.

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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Filed: Country: Wales
Timeline
Has anyone here abandoned the K1 process for the K3? Or has anyone switched over or gotten married during the K1 and tried something else?

My fiance and I keep running into people here and in the UK (he's back in the UK now) that just got married and they got a green card and could start working immediately. I don't get it. I thought doing the K1 and the K3 is what gets you a green card. I thought the idea of marrying and just staying here in the USA didn't exist anymore...but we've run into UK citizens who have done it that way, marry and then instantly get a green card. I don't understand or know what to do now. Because it seems like we may fail the interview, since I still only have part time work and no co-sponsor. My fiance is getting worried that we won't be able to visit each other in our countries now for a year and he is wondering whether we can either just get married and switch to the K3 or get married and instantly have a green card.

So, does anyone have stories for us to either help us stay the course or give us better direction.

At this point we've done everything except have the interview, because I still don't have a full time job to meet the minimum income requirements. Can there be anything done? We've requested an extension as the NOA2 expires on 2/2/09. But, we've heard nothing back from them to indicate that it will be extended. We sent an email and a fax and we called them. When we called them they didn't seem to positive about us requesting an extension this late in the game and told us we had to have an attorney send in a notarized statement from us guaranteeing that we'd marry within 3 months of him living here. That's all the data. Does anyone have a story we need to hear?

Thanks so much for your help.

Aleisha

If you will fail the K-1 visa due to a lack of income... all other visas or paths to a greencard will fail as well, because they all have the same or similar income requirement

That and there is no "instant green card". An immigrant visa process, CR1 or IR1 results in LPR status immediately upon US entry but is a months long process. Even those who while visiting, simply change their plans, marry and adjust status face a months long adjustment of status process (also requiring a qualified sponsor) before the green card is in hand.

Thank you all for your comments. This really helps. I think, at this point, we must stay the course and pray we get an extension to give me time to fulfill that one last requirement.

Extending the validity of the petition is a routine thing. No worries. Get a co-sponsor.

Thanks. That's reassuring. But, to be honest, I have no one to co-sponsor. We're on our own in that regard. Thanks again though.

Aleisha

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Has anyone here abandoned the K1 process for the K3? Or has anyone switched over or gotten married during the K1 and tried something else?

My fiance and I keep running into people here and in the UK (he's back in the UK now) that just got married and they got a green card and could start working immediately. I don't get it. I thought doing the K1 and the K3 is what gets you a green card. I thought the idea of marrying and just staying here in the USA didn't exist anymore...but we've run into UK citizens who have done it that way, marry and then instantly get a green card. I don't understand or know what to do now. Because it seems like we may fail the interview, since I still only have part time work and no co-sponsor. My fiance is getting worried that we won't be able to visit each other in our countries now for a year and he is wondering whether we can either just get married and switch to the K3 or get married and instantly have a green card.

So, does anyone have stories for us to either help us stay the course or give us better direction.

At this point we've done everything except have the interview, because I still don't have a full time job to meet the minimum income requirements. Can there be anything done? We've requested an extension as the NOA2 expires on 2/2/09. But, we've heard nothing back from them to indicate that it will be extended. We sent an email and a fax and we called them. When we called them they didn't seem to positive about us requesting an extension this late in the game and told us we had to have an attorney send in a notarized statement from us guaranteeing that we'd marry within 3 months of him living here. That's all the data. Does anyone have a story we need to hear?

Thanks so much for your help.

Aleisha

Hi Aleisha,

We did exactly what you are describing, although not on purpose. We got engaged in May, filed for K1 but had a wedding scheduled in Bulgaria for September. Since the K1 wasn't out by then, we consulted a lawyer and she said we could get legally married and just inform the uscis to change our request to K3. We got legally married in the end of September, the K1 was approved beginning of October but we couldn't use it or do what the lawyer had advised, so we lost it. We had to file everything all over again, but looking at it from the perspective of the speedy green card i feel a little better about what happened. We attached the K1 approval with all the rest of the docs and hope it helps (after all they have already done the background checks and everything for the K1). I'd advise filing only I130 for CR1, not for K3, because you have a chance of getting transferred to CSC and get a quicker approval. If you have made more than 17,500 in the past 3 years, you are ok with finances, from what i read. The hard part is being away, the good news is it's almost all over once your fiance does get back to the States.

I hope this helps.

09/27/2008 Married

11/13/2008 Petition I-130 sent

11/16/2008 Petition received

11/26/2008 NOA 1

01/16/2009 Transferred to CSC

02/03/2009 Approved - NOA 2

02/08/2009 NVC Case number assigned

02/10/2009 DS-3032 emailed

02/13/2009 DS-3032 accepted

02/17/2009 AOS and IV bills generated

02/19/2009 AOS and IV bills paid

02/24/2009 AOS package received

02/28/2009 RFE for IV Package

03/02/2009 IV Package received

03/04/2009 RFE Question 20 DS-230

03/09/2009 New DS-230 mailed

03/12/2009 NVC AVR says they received the checklist info

04/03/2009 Another RFE - couldn't tell us what exactly

04/07/2009 Received email with checklist letter - document regarding J-1 visa

04/07/2009 Emailed the requested document

04/10/2009 Case complete

04/23/2009 Interview scheduled for June

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