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Can a H1 get a K1

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

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YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted (edited)

If you are already in the states, and did not enter the country with the intention to immigrate, why not marry and then adjust status. Look at the guides on AOS from other types of visas.

http://www.visajourney.com/forums/index.ph...p;page=otheraos

http://www.visajourney.com/forums/index.ph...page=i130guide2

The K-1 requires you to leave the country and return home to wait out the visa process.

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

rosyanne Collaborator

rosyanne   0

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted
I could get married here and AOS but I have a son who is here on a h4 and cannot aos cos he is already over 18 yrs. Hence the K route... Thank you for the pointers though...

You might have to go through another process for him.

Steve (WA,US) & Anne (SH,CN)

P1..............2004/10/04

P2..............2005/01/10

P3..............2005/04/07

P4..............2005/08/02

Interview.....2005/09/19

Married.......2005/10/29

Filed I-485...2005/12/17

RFE submit...2006/02/27

Interview......2006/08/31

Fingerprint....2006/09/07

wel letter......2006/09/19

I-551...........2006/10/02

Share my experiences with you, China-->U.S.

Check out my website : Click here

I am not an attorny, but someone did what you are doing or going to do.

zyggy Experienced

zyggy   9

Posted
Filed: Country: Canada
 Timeline
Posted

I could get married here and AOS but I have a son who is here on a h4 and cannot aos cos he is already over 18 yrs. Hence the K route... Thank you for the pointers though...

You might have to go through another process for him.

I suggest that you contact an immigration attorney. Your spouse should be able to file an I-130 for your child that he can adjust on until he/she turns 21

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

meauxna Mentor

meauxna   15

Posted
Filed: Country: United Kingdom
 Timeline
Posted

I could get married here and AOS but I have a son who is here on a h4 and cannot aos cos he is already over 18 yrs. Hence the K route... Thank you for the pointers though...

You might have to go through another process for him.

I suggest that you contact an immigration attorney. Your spouse should be able to file an I-130 for your child that he can adjust on until he/she turns 21

Son's already over 18; not a step child.

reddy, you need to meet with an immigration attorney (like you said before) to make sure of the best route so your son doesn't age out.

The H does not disqualify you from a K.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

ramos96 Collaborator

ramos96   1

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

ummm just a question... why not just do all the forms yourself? It will take some intense reading and question-asking, but I dont see your situation as being that terribly complex. I would gather all the forms and read thru them and then decide, just an opinion as that is one of the reasons why sites like VJ exist.

humbly,

Ramos

da thread killa

meauxna Mentor

meauxna   15

Posted
Filed: Country: United Kingdom
 Timeline
Posted
ummm just a question... why not just do all the forms yourself? It will take some intense reading and question-asking, but I dont see your situation as being that terribly complex. I would gather all the forms and read thru them and then decide, just an opinion as that is one of the reasons why sites like VJ exist.

humbly,

Ramos

Ramos,

Are you familiar with the problem of 'aging out'? Do you have experience switching from an H to a K?

This is a dangerous time to tell someone they "don't" need a lawyer. The OP definitely needs more legal information. She doesn't necessarily need to hire them to do her whole filing.

This is a very complex scenario, actually.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

zyggy Experienced

zyggy   9

Posted
Filed: Country: Canada
 Timeline
Posted

I could get married here and AOS but I have a son who is here on a h4 and cannot aos cos he is already over 18 yrs. Hence the K route... Thank you for the pointers though...

You might have to go through another process for him.

I suggest that you contact an immigration attorney. Your spouse should be able to file an I-130 for your child that he can adjust on until he/she turns 21

Son's already over 18; not a step child.

reddy, you need to meet with an immigration attorney (like you said before) to make sure of the best route so your son doesn't age out.

The H does not disqualify you from a K.

Ahhh yes.. forgot about that.. the step relationship has to take place before 18...

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

RosaMystica7 Proficient

RosaMystica7   0

Posted
Timeline
Posted
Thank you....I got a reference to an attorney in NY from someone on this forum. He has two pckages - one for the K1/K2 alone and another for K1/K2 and AOS, EAD and Advance Parole. The first package is $1995, the second is $3095. Thinking.....

You can try asking some questions to Laurel Scott, an immigration attorney, in her free chat on Wednesdays at 11am Central Time. http://www.visacentral.net/

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

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

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