Jump to content

6 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Brazil
Timeline
Posted

Please help. My fiancée and I have been waiting for over one plus year for her to enter the U.S. so we can marry with the K1-visa. She will receive it on May 12th, but she has recently had other obligations arise and she must return to Brazil ASAP after marriage. It appears that she will not be able to return during the 90day period, even for a short time, we must marry or she will have to reapply. Therefore, can we marry once she arrives, then can she return to tie up loose ends for a month or two, will this affect the continued process? If not then she will have to remain in her country for almost three months after she receives the visa, then she will enter the U.S. and will stay indefinitely. Please let me know, hope I explained myself clearly. God Bless you all, without your help and support it would have been almost unbearable.

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
Please help. My fiancée and I have been waiting for over one plus year for her to enter the U.S. so we can marry with the K1-visa. She will receive it on May 12th, but she has recently had other obligations arise and she must return to Brazil ASAP after marriage. It appears that she will not be able to return during the 90day period, even for a short time, we must marry or she will have to reapply. Therefore, can we marry once she arrives, then can she return to tie up loose ends for a month or two, will this affect the continued process? If not then she will have to remain in her country for almost three months after she receives the visa, then she will enter the U.S. and will stay indefinitely. Please let me know, hope I explained myself clearly. God Bless you all, without your help and support it would have been almost unbearable.

once the visa is issued she has 6 mos. to use it.... K-1 is a single use visa. if she enters the USA and leaves a married woman shortly after arrival and before AP you will begin the process all over again this time for a spousal visa

Edited by payxibka

YMMV

Posted

im not sure, i know that the biometrics stuff has to be done at our local office, which is obviously in the U.S, but if your wife/fiance is in brazil, she wont be able to come back b/c the I-94 is a once in kinda deal. but if i remember correctly, i believe on one of the papers i filled out for my husbands AOS, it asks if i want it sent outside of the country (hinting towards the fact that he would not be here in the U.S) he obviously is, so i didnt need to put yes, but you may want to look into that, or have someone else clarify more specifically. Sorry i couldnt be of more help.

"Tall, dark and handsome with an amazing smile. He gave me butterflies every time he looked my way. I knew he was the one."- Me

I-129F NOA1 : April 5, 2008

I-129F NOA2 : April 28, 2008

NVC Left : Aug.18, 2008

Packet 3 Received: Sept. 3, 2008

Interview Date : Dec. 18, 2008

APPROVED!!!!

Dec. 19, 2008- Alfredo comes home!

Jan. 5, 2009: Alfredo and I become husband and Wife

March 10, 2009 AOS paperwork sent, will wait for it to arrive via tracking #

March 12, 2009 AOS paperwork arrives in Chicago

March 23, 2009 NOA1 for I-485, I-131, I-765

March 30, 2009-Biometrics letter received, appt date April 10th @11am philly office

April 10, 2009-Biometrics appt. done, in and out in 15 minutes

Nov. 18, 2009-Card production ordered

9q7SPs.jpg

weddingpics082-1.jpg

IgJym4.png

Posted
Please help. My fiancée and I have been waiting for over one plus year for her to enter the U.S. so we can marry with the K1-visa. She will receive it on May 12th, but she has recently had other obligations arise and she must return to Brazil ASAP after marriage. It appears that she will not be able to return during the 90day period, even for a short time, we must marry or she will have to reapply. Therefore, can we marry once she arrives, then can she return to tie up loose ends for a month or two, will this affect the continued process? If not then she will have to remain in her country for almost three months after she receives the visa, then she will enter the U.S. and will stay indefinitely. Please let me know, hope I explained myself clearly. God Bless you all, without your help and support it would have been almost unbearable.

Like payxibka posted, the K-1 is usually valid for 6 months after issuing, so why doesn't she stay in her country, take care of her loose ends, and then come to the US before it expires? (you mentioned 3 months) - so plenty of time.

Then you have 90 days after entry to get married, and then on to AOS.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
Please help. My fiancée and I have been waiting for over one plus year for her to enter the U.S. so we can marry with the K1-visa. She will receive it on May 12th, but she has recently had other obligations arise and she must return to Brazil ASAP after marriage. It appears that she will not be able to return during the 90day period, even for a short time, we must marry or she will have to reapply. Therefore, can we marry once she arrives, then can she return to tie up loose ends for a month or two, will this affect the continued process? If not then she will have to remain in her country for almost three months after she receives the visa, then she will enter the U.S. and will stay indefinitely. Please let me know, hope I explained myself clearly. God Bless you all, without your help and support it would have been almost unbearable.

once the visa is issued she has 6 mos. to use it.... K-1 is a single use visa. if she enters the USA and leaves a married woman shortly after arrival and before AP you will begin the process all over again this time for a spousal visa

:thumbs:

11/2004 - Met in Brazil

09/2006 - Apply for K1

03/2007 - K1 approved

04/2007 - Apply for AOS & EAD

07/2007 - EAD approved

01/2008 - Conditional Residency approved

11/2009 - Apply to remove conditions

02/2010 - Permanent Residency approved

11/2010 - Apply for Citizenship

03/2011 - Citizenship approved

07/2011 - Moved back to Brazil

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Please help. My fiancée and I have been waiting for over one plus year for her to enter the U.S. so we can marry with the K1-visa. She will receive it on May 12th, but she has recently had other obligations arise and she must return to Brazil ASAP after marriage. It appears that she will not be able to return during the 90day period, even for a short time, we must marry or she will have to reapply. Therefore, can we marry once she arrives, then can she return to tie up loose ends for a month or two, will this affect the continued process? If not then she will have to remain in her country for almost three months after she receives the visa, then she will enter the U.S. and will stay indefinitely. Please let me know, hope I explained myself clearly. God Bless you all, without your help and support it would have been almost unbearable.

Her K-1 visa is valid for 6 months, so staying 3 months after the visa is issued is no problem. Coming here and then returning ito Brazil is not a problem. Only then returning to the US is impossible until you file for another visa.

Stay in Brazil, finish her business there. Come to the USA, get married and stay here until the green card is issued, 2-6 months after filing AOS.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...