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danimatt

Fiance VIsa as an adjustment of Status

By danimatt in K-1 Fiance(e) Visa Case Filing and Progress Reports

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danimatt Rookie

danimatt   0

Posted
Filed: EB-1 Visa Country: Brazil
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Can I go from B1 visa, since I am already in USA, to a k1 visa, we still need some time before we actually get marry. He is out of the country for a couple months, and my B1 will expires before get actually comes back, so we were thinking about getting a K1 visa, so I can stay here and wait for him so then, when he comes back, we can finally get marry. We could actually get marry now, but then he is gonna be gone for some months and we are afraid that they might not understand why we marry and then he had to go. But that was a contract that he has to accoumplish. So any information will be very appreciatte!!!!

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Rob and Jill Community Regular

Rob and Jill   82

Posted
Filed: AOS (apr) Country: Scotland
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Posted (edited)
Can I go from B1 visa, since I am already in USA, to a k1 visa, we still need some time before we actually get marry. He is out of the country for a couple months, and my B1 will expires before get actually comes back, so we were thinking about getting a K1 visa, so I can stay here and wait for him so then, when he comes back, we can finally get marry. We could actually get marry now, but then he is gonna be gone for some months and we are afraid that they might not understand why we marry and then he had to go. But that was a contract that he has to accoumplish. So any information will be very appreciatte!!!!

Can you?

Yes, you can try.

Should you?

Absolutely NOT.

You can't stay here and wait on him just because you file a K-1. The K-1 is a single entry visa from your country of origin that allows you to enter the US 1 time for the purpose of getting married. From there you file for an Adjustment of Status in order to stay.

There have also been some changes to the laws allowing you to adjust from various visas that are not marriage related, so your safest bet is to go to your home country and file the correct and 100% legal way unless you want to risk getting a ban to the US.

Edited by Rob and Jill

"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10

AOS

Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

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