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womaninwaiting

K1 if I am not yet a US Citizen?????

By womaninwaiting in K-1 Fiance(e) Visa Process & Procedures

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womaninwaiting Rookie

womaninwaiting   0

Posted
Filed: Citizen (pnd) Country: Morocco
 Timeline
Posted

Hello,

I have just got off the phone with a USCIS call center employee who says that as a Resident Alien, I cannot apply for my fiance to come to the US. She said that I can only apply for him to come if I am married to him.

I am soon to become a US Citizen but I would like to start the K1 process now. I am being told by USCIS that I cannot make the application until I am a citizen.

Does anyone have any experience about this or knowledge?

It's much appreciated.

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Mew Experienced

Mew   0

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted
Hello,

I have just got off the phone with a USCIS call center employee who says that as a Resident Alien, I cannot apply for my fiance to come to the US. She said that I can only apply for him to come if I am married to him.

I am soon to become a US Citizen but I would like to start the K1 process now. I am being told by USCIS that I cannot make the application until I am a citizen.

Does anyone have any experience about this or knowledge?

It's much appreciated.

From what I've read, the USCIS person you talked to is correct. You have to be a USC to apply for a K1. Correct me if I'm wrong, you guys.

I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

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Alanlvsjudy Community Regular

Alanlvsjudy   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Sir Mew, you are correct.

July 17 2006 Sent I-129F to TSC

July 19 2006 packet received by TSC

July 27 2006 case received at CSC

July 28 2006 touched (to process/send NOA1)

Aug 01 2006 check cashed

Aug 05 2006 NOA1 received in mail

Oct 03 2006 Touched (RFE sent)

Oct 10 2006 RFE received and responded to

Oct 17 2006 Touched (CSC reply to RFE response)

Nov 06 2006 NOA2

Nov 21 2006 NVC sent to Manila

Blah

Blur

Drone

March 27 2007 Interview

April 02 2007 Visa delivered

April 05 2007 Happiness delivered

April 06 2007 First day of the rest of our lives

"There they go! I must hurry and catch them, for I am their leader."

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dwar49 Community Regular

dwar49   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

Hello,

I have just got off the phone with a USCIS call center employee who says that as a Resident Alien, I cannot apply for my fiance to come to the US. She said that I can only apply for him to come if I am married to him.

I am soon to become a US Citizen but I would like to start the K1 process now. I am being told by USCIS that I cannot make the application until I am a citizen.

Does anyone have any experience about this or knowledge?

It's much appreciated.

From what I've read, the USCIS person you talked to is correct. You have to be a USC to apply for a K1. Correct me if I'm wrong, you guys.

Your right, non USC can not apply for fiancee visa, they can however apply for spousal visa

June 05 Lisa and I fall in love

15 Mar 06 I-129F received at CSC NOA1

5 Aug 06 NOA2 after 143 days in CSC purgatory

20 Oct 06 Interview Date

16 Feb 07 Denial Letter received

12 Mar 07 Motion to reconsider submitted

10 Sep 07 Motion to Reconsider denied

9 May 08 Lisa and Married in United Kingdom

23 May 08 I-130 filed

Oct 08 NOA-2 received

May 7 09 Lisa's Interview I 601 filed

29 Jul 09 I-601 waiver approved

18 Aug 09 Passport to London Embassy

20 Aug 09 Tickets purchased for 10 Sep 09

WE HAVE FINALLY WON, OUR LONG AND HARD JOURNEY IS COMPLETE!!!!!!

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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

You can not begin the K1 process until you have citizenship. If you were to marry now and file the I-130 as a permanent resident, you can later change your status from LPR to USC. The I-130 can be started as an LPR then switched to USC, but the K1 can not.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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jo&john Community Regular

jo&john   1

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
From what I've read, the USCIS person you talked to is correct. You have to be a USC to apply for a K1. Correct me if I'm wrong, you guys.

I agree Ms. Mew! :thumbs:

04/22/06:I-129F -TSC
04/25/06:I-129F -CSC;NOA1(Rcvd Date)
05/01/06:NOA1(Notice Date)
06/23/06:Email fr CSC-IMBRA RFE
06/30/06:IMBRA RFE mail)
07/05/06:I-RFE reply
07/17/06:USCIS rcvd I-RFE reply
08/30/06:NOA2 Approved!
09/05/06:NOA2(mail)
09/26/06:Email fr NVC-to Emb;case #:MNL2006764XXX
10/06/06:VISA APPT:*ANY WORKDAY 0700AM*daughter age-ing out
10/16-17:St. Luke's Medical Ext Clinic
10/18/06:Emb Intrvw APPROVED!
10/25/06:VISAS(K1&K2s)delivered;CFO for stickers
11/08/06:To the U.S.!
11/14/06:WEDDING!
11/22/06:Applied SSN(married name)
11/15/06:INFOPASS appt (for 3):AOS-DORA
11/27/06:Applied AOS w/ 2daughters;got accepted;interviewed same day(D1)
12/09/06:Received by mail 3 NOA1s
12/15/06:SSN print-out picked up
12/18/06:SS card&Biometrics appt notices in mail(D22)
12/26/06:Biometrics at ASC,USCIS Dallas-North(D30)
01/26/07:Email:Notice mailed 1/25 welcoming the new PR(K1&K2-9y/o)(D61)
01/31/07:Welcome letters(mail)(D66)
02/01/07:Card production ordered 1/30(D67)
02/05/07:Email:Approval notice sent 2/04(D71)
02/06/07:GC's in the mail! (D72)
12/11/08:Sent application for removal of conditions (I-751)
12/19/08:Received by mail receipt notice
12/30/08:Received by mail biometrics appointment for Jo and receipt notice for daughter
01/05/09:Received by mail biometrics appointment of daughter
01/13/09:Biometrics appointment of Jo and daughter
06/17/09:Email:Card production ordered
06/30/09:Email:Approval notice sent
07/06/09:Ten-year GC's in the mail!

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Alanlvsjudy Community Regular

Alanlvsjudy   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Sir Mew, you are correct.

That would be Ms. Mew... :blush:

A thousand pardons, Lady Mew

July 17 2006 Sent I-129F to TSC

July 19 2006 packet received by TSC

July 27 2006 case received at CSC

July 28 2006 touched (to process/send NOA1)

Aug 01 2006 check cashed

Aug 05 2006 NOA1 received in mail

Oct 03 2006 Touched (RFE sent)

Oct 10 2006 RFE received and responded to

Oct 17 2006 Touched (CSC reply to RFE response)

Nov 06 2006 NOA2

Nov 21 2006 NVC sent to Manila

Blah

Blur

Drone

March 27 2007 Interview

April 02 2007 Visa delivered

April 05 2007 Happiness delivered

April 06 2007 First day of the rest of our lives

"There they go! I must hurry and catch them, for I am their leader."

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RosaMystica7 Proficient

RosaMystica7   0

Posted
Timeline
Posted

So I guess all this means... what comes first, you becoming a USC or your next meeting with your fiance? Because if your next meeting with him comes before getting your citizenship, maybe you should marry him and file the I-130 so you can get the show on the road. ;)

8/10/08:

---seperated---

K-1 highlights (more details in profile):

11/24/06: NOA1 (Day 3)

12/19/06: NOA2 (Day 28)

2/28/07: Interview: approved! (Day 99)

4/15/07: Married, in a noreaster (Day 146)

AOS highlights (more details in profile, too):

6/20/07: AOS, EAD, and AP mailed

6/26/07: NOA1 (Day 6)

7/14/07: Biometrics (Day 24)

7/23/07: Recieved AOS RFE (dated 7/17) for W-2s, mailed them out the next day (Day 33)

7/27/07: RFE response received, processing resumed (Day 37)

8/14/07: AOS transferred to CSC (Day 45)

8/21/07: CSC received/is processing AOS (Day 52)

8/29/07: Welcome notice mailed! (Day 60)

8/31/07: Card production ordered! (Day 62)

9/11/07: Greencard in hand! (Day 73)

Note to self: lifting of conditions: May 25th, 2009

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andy_k1 Explorer

andy_k1   0

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted

One of my friends having H1 visa married a foreign girl and brought her to US very easily and quickly under non-immigration visa (H4, I guess). If you are not a US citizen now, you might follow my friend’s way.

Mar 21, 2006 - I-129F Sent to CSC

Mar 28, 2006 - I-129F NOA1 received

Jul 21, 2006 - Email from USCIS, the RFE received

Aug 31, 2006 - NOA2 Approved

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andy_k1 Explorer

andy_k1   0

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted

womaninwaiting:

Sorry about previous reply. You cannot apply H4 visa for her because you are under green card.

You may wait till you become a US citizen and apply for K1, or you get married and apply for K3 visa.

Mar 21, 2006 - I-129F Sent to CSC

Mar 28, 2006 - I-129F NOA1 received

Jul 21, 2006 - Email from USCIS, the RFE received

Aug 31, 2006 - NOA2 Approved

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asante Explorer

asante   0

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted

The answer is that you can apply and pay the $170, but your application will be rejected and you will lose the cash. The choice is yours. Either wait until you are USC then apply, or just apply and donate the extra $170 to your government of the day.

Hello,

I have just got off the phone with a USCIS call center employee who says that as a Resident Alien, I cannot apply for my fiance to come to the US. She said that I can only apply for him to come if I am married to him.

I am soon to become a US Citizen but I would like to start the K1 process now. I am being told by USCIS that I cannot make the application until I am a citizen.

Does anyone have any experience about this or knowledge?

It's much appreciated.

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