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BeckyD

Already have a B1/B2 visa and SSN, what else do we need before marriage?

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Filed: AOS (apr) Country: Peru
Timeline

My fiance is from Peru and already has a B1/B2 visa and a SSN that was issued to him previously after he completed a master's degree here in the states. What else do we need before marriage? After we get married, what papers will we need to file? How long should it take before he can work?

7/20/2009 - Mailed I 129F. Here we go!!

7/24/2009 - NOA1 !!!

7/29/2009 - Touched

9/28/2009 - NOA2!!! PRAISE GOD!

9/30/2009 - Received by NVC

11/9/2009 Interview date!

11/19/2009 Entry to US.

11/23/2009 Marriage!

12/23/2009 MailedI485 and I765

12/30/2009 NOA 1 for I485 and I765

1/23/2010 Transferred to CSC

2/8/2010 Walk in Biometrics in Fort Worth

2/12/2010 Touched

2/24/2010 EAD Card Production Ordered!!

2/27/2010 Green Card Production Ordered!!!! PRAISE GOD!

3/1/2010 EAD Card production ordered (again!)

3/2/2010 Email - EAD Approval notice mailed!

3/3/2010 Email - AOS Approval noticed mailed!

3/32010 EAD touched.

3/4/2010 AOS touched.

3/4/2010 EAD and Green card in the mail!!!! PRAISE GOD FOR ALL HIS BLESSINGS! AOS - 2 months and 4 days after first NOA!

3/5/2010 Welcome letter from USCIS in the mail. HAHA.

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Your not suppose to use a visitors visa to enter the US to marry and then attempt to AOS...

He can enter - visting, marry you, then go home, then you can file for a CR-1 visa.

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

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

According to the rules: After you marry (in the US I am assuming) your fiance would return to his native country and you would petition for a CR1 visa for him. You could certainly even submit the petition during his visit to the US.

Do some reading here on VJ and you will find many people that have decided to marry while their boy/girlfriend is visiting and then adjust status. Your scenario is different as you are stating that the intent is to immigrate.

Entering the US with immigrant intent on a non-immigrant visa is fraud. There are some stiff potential penalties such as multi year bans on entry. Educate yourselves before beginning the process so that you are prepared for all eventualities.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: AOS (apr) Country: Peru
Timeline
According to the rules: After you marry (in the US I am assuming) your fiance would return to his native country and you would petition for a CR1 visa for him. You could certainly even submit the petition during his visit to the US.

Do some reading here on VJ and you will find many people that have decided to marry while their boy/girlfriend is visiting and then adjust status. Your scenario is different as you are stating that the intent is to immigrate.

Entering the US with immigrant intent on a non-immigrant visa is fraud. There are some stiff potential penalties such as multi year bans on entry. Educate yourselves before beginning the process so that you are prepared for all eventualities.

So, would it be smarter to just apply for the K1 visa (what's a K2 visa?) instead and wait for that??

7/20/2009 - Mailed I 129F. Here we go!!

7/24/2009 - NOA1 !!!

7/29/2009 - Touched

9/28/2009 - NOA2!!! PRAISE GOD!

9/30/2009 - Received by NVC

11/9/2009 Interview date!

11/19/2009 Entry to US.

11/23/2009 Marriage!

12/23/2009 MailedI485 and I765

12/30/2009 NOA 1 for I485 and I765

1/23/2010 Transferred to CSC

2/8/2010 Walk in Biometrics in Fort Worth

2/12/2010 Touched

2/24/2010 EAD Card Production Ordered!!

2/27/2010 Green Card Production Ordered!!!! PRAISE GOD!

3/1/2010 EAD Card production ordered (again!)

3/2/2010 Email - EAD Approval notice mailed!

3/3/2010 Email - AOS Approval noticed mailed!

3/32010 EAD touched.

3/4/2010 AOS touched.

3/4/2010 EAD and Green card in the mail!!!! PRAISE GOD FOR ALL HIS BLESSINGS! AOS - 2 months and 4 days after first NOA!

3/5/2010 Welcome letter from USCIS in the mail. HAHA.

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Filed: Citizen (apr) Country: Canada
Timeline

Yes, it would be smarter to apply for a K-1 visa and wait for that.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

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Filed: Timeline

Hold on a second here. The other day a guy asked what he should do since his now wife came in as a K-1, but they didn't get married within 90 days and he was told to have her stay and file the I-130. So I would assume if you are here and your status has not expired you could do the same thing.

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Filed: Timeline
Hold on a second here. The other day a guy asked what he should do since his now wife came in as a K-1, but they didn't get married within 90 days and he was told to have her stay and file the I-130. So I would assume if you are here and your status has not expired you could do the same thing.

tru dat.

Is your girlfriend in the US?

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Filed: AOS (apr) Country: Peru
Timeline

It's my boyfriend. He is not in the US, and he only has a tourist visa. If we do file for a K1 visa, is he allowed to come here and visit (without us getting married) while we're waiting on the approval for hte K1 visa??

7/20/2009 - Mailed I 129F. Here we go!!

7/24/2009 - NOA1 !!!

7/29/2009 - Touched

9/28/2009 - NOA2!!! PRAISE GOD!

9/30/2009 - Received by NVC

11/9/2009 Interview date!

11/19/2009 Entry to US.

11/23/2009 Marriage!

12/23/2009 MailedI485 and I765

12/30/2009 NOA 1 for I485 and I765

1/23/2010 Transferred to CSC

2/8/2010 Walk in Biometrics in Fort Worth

2/12/2010 Touched

2/24/2010 EAD Card Production Ordered!!

2/27/2010 Green Card Production Ordered!!!! PRAISE GOD!

3/1/2010 EAD Card production ordered (again!)

3/2/2010 Email - EAD Approval notice mailed!

3/3/2010 Email - AOS Approval noticed mailed!

3/32010 EAD touched.

3/4/2010 AOS touched.

3/4/2010 EAD and Green card in the mail!!!! PRAISE GOD FOR ALL HIS BLESSINGS! AOS - 2 months and 4 days after first NOA!

3/5/2010 Welcome letter from USCIS in the mail. HAHA.

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Filed: Other Country: Afghanistan
Timeline
Hold on a second here. The other day a guy asked what he should do since his now wife came in as a K-1, but they didn't get married within 90 days and he was told to have her stay and file the I-130. So I would assume if you are here and your status has not expired you could do the same thing.

Agreed. If your here already and you haven't been planning this since before your last entry your good to go.

Woops slow on the post.

He can try and visit. There is a chance he will be turned away so he needs proof of ties to his home country when he visits.

Edited by lancer1655
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Filed: AOS (apr) Country: Canada
Timeline
According to the rules: After you marry (in the US I am assuming) your fiance would return to his native country and you would petition for a CR1 visa for him. You could certainly even submit the petition during his visit to the US.

Do some reading here on VJ and you will find many people that have decided to marry while their boy/girlfriend is visiting and then adjust status. Your scenario is different as you are stating that the intent is to immigrate.

Entering the US with immigrant intent on a non-immigrant visa is fraud. There are some stiff potential penalties such as multi year bans on entry. Educate yourselves before beginning the process so that you are prepared for all eventualities.

So, would it be smarter to just apply for the K1 visa (what's a K2 visa?) instead and wait for that??

K2 Visa is for a child of the K1.

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Filed: AOS (apr) Country: Peru
Timeline

Woops slow on the post.

He can try and visit. There is a chance he will be turned away so he needs proof of ties to his home country when he visits.

What kind of documents could he show for that?

7/20/2009 - Mailed I 129F. Here we go!!

7/24/2009 - NOA1 !!!

7/29/2009 - Touched

9/28/2009 - NOA2!!! PRAISE GOD!

9/30/2009 - Received by NVC

11/9/2009 Interview date!

11/19/2009 Entry to US.

11/23/2009 Marriage!

12/23/2009 MailedI485 and I765

12/30/2009 NOA 1 for I485 and I765

1/23/2010 Transferred to CSC

2/8/2010 Walk in Biometrics in Fort Worth

2/12/2010 Touched

2/24/2010 EAD Card Production Ordered!!

2/27/2010 Green Card Production Ordered!!!! PRAISE GOD!

3/1/2010 EAD Card production ordered (again!)

3/2/2010 Email - EAD Approval notice mailed!

3/3/2010 Email - AOS Approval noticed mailed!

3/32010 EAD touched.

3/4/2010 AOS touched.

3/4/2010 EAD and Green card in the mail!!!! PRAISE GOD FOR ALL HIS BLESSINGS! AOS - 2 months and 4 days after first NOA!

3/5/2010 Welcome letter from USCIS in the mail. HAHA.

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Filed: AOS (apr) Country: Canada
Timeline

Rent/mortgage payment statements, bill statements, bank records, letter from employer, paystubs etc. Things that prove he resides there and has reasons to return.

Edited by MissStacey
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Rent/mortgage payment statements, bill statements, bank records, letter from employer, paystubs etc. Things that prove he resides there and has reasons to return.

add return ticket info to that list.

(that is what they asked for with Umit when she visited me during our K-1)

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

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Filed: K-1 Visa Country: Canada
Timeline

Wow, you really banged out that I-129f package fast. I'm a little concerned, how did you get his signed g-325a and letter of intent so quickly. I'm nervous for you :blush: .

Edit : And did you really send it to the Texas Service Center?

Edited by Jauque

K-1

05/05/2009 - NOA1

07/17/2009 - NOA2

08/27/2009 - Visa Received

10/09/2009 - Married

AOS/EAD

11/18/2009 - NOA1

01/15/2010 - EAD Approved

02/25/2010 - AOS Interview

Adjuticator's Field Manual

Old VJ Adjuticator Q/A

Disclaimer : 100% of the time I only think I know what I'm talking about.

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