STUPID Question...

[Carie_Azan 35]

So, if your already married, filing for temp or perm residence for your spouse, shouldnt they already be together? I just dont understand....I see so many people talking about how they miss their SO'S, but, if your married, shouldnt you be together? I am really confused and NOT stupid

Are you telling me once we get done our K-1 Fiance Visa, and he is finally here, we will have to be seperated AGAIN????OMGGGGG

[Darnell 8,478]

Are you telling me once we get done our K-1 Fiance Visa, and he is finally here, we will have to be seperated AGAIN????OMGGGGG

No. Please study the Guides section and the 'compare' page.

All is explained there - why to retype it for you ?

[squirrelisan 23]

So, if your already married, filing for temp or perm residence for your spouse, shouldnt they already be together? I just dont understand....I see so many people talking about how they miss their SO'S, but, if your married, shouldnt you be together? I am really confused and NOT stupid

Are you telling me once we get done our K-1 Fiance Visa, and he is finally here, we will have to be seperated AGAIN????OMGGGGG

I hope that was a typo, and you filed a K-3. If you're married, you can't file K-1 anymore.

http://www.visajourney.com/content/compare

[Carie_Azan 35]

well, if I understood the guide, I would not be posting the question!

THERE is your sign

[Darnell 8,478]

Alrighty ! Apologies if I seem snarky - it just worked out that way.

[bsd058 296]

well, if I understood the guide, I would not be posting the question!

THERE is your sign

The people who are separated from their spouses are living outside of the US, because it is illegal to enter the US with the intent to immigrate without an immigrant visa or fiance visa. If you are planning on getting married on an I-129F petition (K1 visa), your spouse can stay in the US until adjustment of status is complete. Sometimes people are already married, and their spouse has to move to the US before they can move (because USCIS takes so long). Sometimes, the spouse of the USC needs to go back to their country to wait since the USC spouse cannot afford to support them without them working.

There are plenty of reasons why spouses of US citizens cannot enter until they receive their immigrant visas.

Take me, for instance:

I'm a Canadian, and was married to my US citizen spouse in 2009. In 2012, we decided that should we get the chance to move back to the US, we should take it as soon as possible (since that was where we wanted to end up anyway). She got a job in May, and therefore we filed our I-130 in June. We didn't think it would take longer than 5 months to be approved for the I-130 and then not much longer for everything else. We were wrong.

I could have stayed in the US whenever I visited her over the past number of months, but I didn't for two reasons:

1) I felt as though staying would be in bad faith (breach of good faith), since I would have to tell CBP when I was entering that I would only be visiting when I would clearly have to plan to move permanently in order to stay; and,

2) I needed to work in order for my wife and I to be in a good financial condition for our immigration, and it could take months before receiving work authorization.

I stayed for my job, and until I receive my immigrant visa. Plus it's working out that I can complete a certain designation I'm working on for my profession. I'll probably be done that designation before I leave.

So, I miss my wife because I can't be with her permanently and legally while she lives in the US. I can visit, but I can't stay.

[Sirdaniel42 86]

When your fiance comes over on his/her K-1 then you have to get married within 90 days, then you AOS and apply for a Green Card. Your spouse does NOT have to leave, better yet your spouse should NOT leave before you have the AP or Green Card.

[Darnell 8,478]

Carie_Azan - may be you are confused on the use of the I-129F?

It can be used in two places, two paths -

1. K-1 visa chasing and

2. K-3 visa chasing.

Ages past, when the K-3 was introduced, it reduced the amount of time that one waited on the I-130/CR-1/IR-1 visa path. That's not the case anymore, due to automation with the FBI and USCIS. An FBI namecheck could take up to a year, and in many cases, more than a year. Once the automation kicked in, a namecheck could be done in almost real-time, same-day. Over a two to three year period, the backlog of FBI namechecks got 'caught up' and it's not a barrier for holding up the I-130 anymore.

These days (since 2008?) chasing after a K-3 visa turned out to be a waste of time, as these namechecks were occuring in almost real-time, so there wasn't any backlog on waiting. NVC noticed the pattern in 2010, and started administratively closing the I-129F when the I-130 and I-129F showed up at NVC at the same time (CR-1 visa plus a K-3 visa, two paths, two visa types) ..

So, perhaps you've read some old stuff about the K-3 and the use of the I-129F. USCIS hasn't changed their website - they clearly state an I-129F is still filable for anyone who wants to chase after a K-3 visa. Most of the USCIS TeleOperators still do not know that NVC will administratively close the I-129F.

So - in your particular situation, chasing after a K-1 visa - once yer fiance hits USA dirt - she/he doesn't have to leave. In fact, there's a whole nother process to do AFTERWARDS, to obtain a greencard.

Sorry yer having trouble with reading the guides. Truly. If yer visiting VJ on a handphone browser, I invite you to come back on a PC, as one misses about 80 percent of the usefullness of the site on a handphone.

Good Luck !

[tru_loves_journey 117]

CR1 - is when the US citizen travels to another country and marries his or her fiance/fiancee then the US citizen returns to the USA to file all the paperwork for their love to come to live here with them. They receive their Green Card after arriving in the USA.

K1 - is when the US citizen visits their fiance/fiance in another country then returns to the USA to file a petition ( within 2 years of meeting) to bring them to the USA then get married with 90 days of their arrival, after marriage file for Adjustment of status to receive their Green Card.

I hope I got all that right

Good Luck to you on your continued journey

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to General Immigration-Related Discussion.

[The Mean Lady 604]

CR1 - is when the US citizen travels to another country and marries his or her fiance/fiancee then the US citizen returns to the USA to file all the paperwork for their love to come to live here with them. They receive their Green Card after arriving in the USA.

K1 - is when the US citizen visits their fiance/fiance in another country then returns to the USA to file a petition ( within 2 years of meeting) to bring them to the USA then get married with 90 days of their arrival, after marriage file for Adjustment of status to receive their Green Card.

I hope I got all that right

Good Luck to you on your continued journey

for cr1 marriage outside us is not required.

hubby came to me. married in us.

for k1 theres no two year limit.

you can file fifteen years after you meet if you want.

i think you are confusing cr1 vs ir1 based on 2yr anniversary