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dallygal

FI is here, waant to get married now!!!!

By dallygal in K-3 Spouse Visa Process & Procedures

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dallygal Rookie

dallygal   0

Posted
Filed: K-1 Visa Country: England
 Timeline
Posted
:D My fiance is fianlly here from the UK. After much thought and deliberation, we have decided we want to get married now! Do we have to wait? I understand we can just file the K-3 as long as he returns home before his visitor visa expires. is this the case? Is there anyway he can stay while we wait for his visa? Thanks so much for your help!
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Tim and Bethanie Proficient

Tim and Bethanie   1

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Filed: IR-1/CR-1 Visa Country: England
 Timeline
Posted

He has 90 days on his Visa, there are no lovely loopholes that would allow him to stay any longer. If there were the rest of us would have taken that route. :yes: Sorry can't give you better news.

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Cygnet Proficient

Cygnet   0

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Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
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:D My fiance is fianlly here from the UK. After much thought and deliberation, we have decided we want to get married now! Do we have to wait? I understand we can just file the K-3 as long as he returns home before his visitor visa expires. is this the case? Is there anyway he can stay while we wait for his visa? Thanks so much for your help!

Did your fiance come on the VWP? I guess you can get married now and then file for K-3 or CR-1 after. The only thing is I don't know if filing for a K-1 and abandoning it will cause problems when you apply for the K-3. Try looking into that.

And as Tim and Bethanie posted, he won't be able to stay longer than 90 days in the US.

CR-1

09/16/2005 Mailed I-130 (CSC)

09/21/2005 NOA 1

02/07/2006 NOA 2 (Day 143)

02/25/2006 Petitioner receives AOS Bill in U.S. (Day 161)

02/27/2006 AOS Bill (regular USPS) and DS-3032 (Canada Post regular) are mailed out

03/21/2006 Petitioner receives I-864 package (Day 185)

03/22/2006 Beneficiary receives IV Bill and sends payment - regular mail (Day 186)

03/24/2006 Petitioner sends back I-864 (Day 188)

04/13/2006 Beneficiary receives DS-230 (Day 208)

05/10/2006 Beneficiary sends back DS-230 and docs to NVC via Fedex (Day 235)

05/19/2006 NVC issues RFE on Question # 20 on the DS-230. (Day 244)

05/29/2006 Beneficiary receives RFE and sends it off (Day 254)

06/02/2006 NVC receives RFE (Day 258)

06/16/2006 Case Complete! (Day 272)

07/07/2006 Case forwarded to Consulate in Montreal (Day 293)

08/11/2006 INTERVIEW! VISA APPROVED!

08/14/2006 Picked up visa and crossed the border.

08/25/2006 SS card arrives in the mail

09/07/2006 GC arrives in the mail.

K-3

02/01/2006 Mailed I-129F

02/07/2006 NOA1

04/14/2006 I-129F is approved!

04/24/2006 NVC forwards the application to the consulate in Montreal

05/01/2006 Packet 3 is received from consulate & is sent of 3 days later

07/07/2006 Medical

08/08/2006 INTERVIEW- cancelled bec. of CR-1

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Yodrak Veteran

Yodrak   7

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Filed: Timeline
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dallygal,

You do not have to wait to get married.

As for what to do next, have a consultation with an immigration attorney who specializes in family-based immigration to discuss the specific details of your situation. You may like what you learn.

Yodrak

My fiance is fianlly here from the UK. After much thought and deliberation, we have decided we want to get married now! Do we have to wait? I understand we can just file the K-3 as long as he returns home before his visitor visa expires. is this the case? Is there anyway he can stay while we wait for his visa? Thanks so much for your help!
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Tim and Bethanie Proficient

Tim and Bethanie   1

Posted
Filed: IR-1/CR-1 Visa Country: England
 Timeline
Posted

Dally, you had other post where you questioned on marrying while in the states, and him staying permanently. Please note that having intent to marry when he entered at the POE, then staying is illegal. If it were a spur of the moment marriage (you had never talked or thought about it), there is a loophole in the system for this sort of thing.

My suggestion is marry while he is here and immediatly file your paperwork, this way you will have some time together during the process, before he has to return. :thumbs:

B

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Kez/JWolf Mentor

Kez/JWolf   6

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Filed: Timeline
Posted

Having talked about getting married does not mean you have intent on entry....

my husband and I had talked about getting married but had not set anything in stone nor had we planned anything.... but we had talked about it....

Now if you had planned to come and get married and just did not say anything at POE that would be diffrent....

Kezzie

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Tim and Bethanie Proficient

Tim and Bethanie   1

Posted
Filed: IR-1/CR-1 Visa Country: England
 Timeline
Posted
Having talked about getting married does not mean you have intent on entry....

my husband and I had talked about getting married but had not set anything in stone nor had we planned anything.... but we had talked about it....

Now if you had planned to come and get married and just did not say anything at POE that would be diffrent....

Kezzie

Okay perhaps I worded that statement incorrectly. Still there is a fine line, if one had to prove their intentions were not to marry and stay. Just wanted to point out there is a grey area to the OP.

I think most of us have questioned or thought about this very same thing, we come to the conclusion it isn't a risk worth taking if you are by chance questioned later of your intentions when coming through the POE. It would seem to be difficult to argue your situation, if you had discussed/thought about doing it this way. "Sure we talked about it a month earlier, but we never really intended on doing it." :huh: Not so sure that would be proof enough. Which is why I made this comment: Please note that having intent to marry when he entered at the POE, then staying is illegal.

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dallygal Rookie

dallygal   0

Posted
Filed: K-1 Visa Country: England
 Timeline
  • Author
Posted
Dally, you had other post where you questioned on marrying while in the states, and him staying permanently. Please note that having intent to marry when he entered at the POE, then staying is illegal. If it were a spur of the moment marriage (you had never talked or thought about it), there is a loophole in the system for this sort of thing.

My suggestion is marry while he is here and immediatly file your paperwork, this way you will have some time together during the process, before he has to return. :thumbs:

B

We did talk about it, just because I am so dang impatient. He did not enter the US with the intent on us marrying. He had vacation time and wanted to see me. Also, this was his first visit with my kids, so there was a lot of questions about our future up in the air. Now with his arrival and spending the time together, we both agree that being together forever is what is in our hearts. I had already looked premilinarily at a wedding next year, so this is truly something we have just decided to do. I dont want to do anything that would jeopardize us being together. Thanks for your help

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