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Rlks

Fiance visa

By Rlks in K-3 Spouse Visa Process & Procedures

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Rlks Contributor

Rlks   8

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

We got married in US couple months ago, I am a citizen of US, my husband was on a tourist visa. I thought will do paperwork ourselves and didn't talk to a lawyer (Big mistake!) We went to a honeymoon and on a way back my husband was not allowed to enter US , because he needs to adjust his status...

I filed I-130 already, but my lawyer advised to send fiancé visa also because it might shorten the time and he can finish the process here in US. Has anybody had this experience? how long did it take

Thank you!

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from K1 Process & Procedures to K3 Process & Procedures as that is the visa the OP's lawyer likely advised her to pursue.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

You cannot file for a fiancé visa because you're married.

If, perhaps, you mean a K-3, those are rarely issued anymore due to the shorter processing time for spousal visas. Expect the process to take ~1 year to completion.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Ban Hammer Grand Master

Ban Hammer   13,334

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

spammer ejected. thank you for the reports

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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cdneh Mentor

cdneh   3,112

Posted
Filed: Citizen (apr) Country: New Zealand
 Timeline
Posted

Yes, I meant K3. Lawyer said it could be 6 months...

Likely mistaken.

I can explain it to you. But I can't understand it for you.

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DazednConfused31 Contributor

DazednConfused31   2

Posted
Filed: Country: Dominican Republic
 Timeline
Posted

I think that you have made it a little harder by getting married while on a tourist visa. sometimes the consulates give you a hard time because it can be considered Visa fraud to use a visa for something other than it's intended purpose.

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-------------------------------------------)---------------

Oo My Baby1

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Ebunoluwa Veteran

Ebunoluwa   6,136

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

Six months is not going to happen. At least a year. The K3 has been obsolete for years now and your petition will continue on the I-130 track.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Rlks Contributor

Rlks   8

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
  • Author
Posted

Six months is not going to happen. At least a year. The K3 has been obsolete for years now and your petition will continue on the I-130 track.

I send I 130 last week, my lawyer said that as soon as its received we can file for fiancé visa. Maybe its K1? confused....

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

I send I 130 last week, my lawyer said that as soon as its received we can file for fiancé visa. Maybe its K1? confused....

Your lawyer seems more confused than you are to be honest.

You can try to pursue a K3 visa if you choose, but they're rarely granted (0.33% of spousal visas were K3 in 2012. 210 out of about 50,000). They are the inferior visa as they require an adjustment of status ($1070) to obtain a green card whereas the CR1 grants a green card upon arrival in the USA.

Also to note you are sending in a petition to grant your spouse the right to apply for a spousal visa. You are not applying for a visa and currently your spouse is not unless the I-130 is approved. Also you would never be filing for a fiance visa, but can send the I-129F petition along with the I-130 petition to try to pursue the K3 visa route.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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dwheels76 Grand Master

dwheels76   5,468

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

I send I 130 last week, my lawyer said that as soon as its received we can file for fiancé visa. Maybe its K1? confused....

Although you would be filing the I-129F same as a K1 (fiance folk) because you have a I-130 it is considered a K3. No more are these visas even being implemented. Even with the current logjam of a wait (you are looking at 12 to 16 months just for USCIS approval), than another 2 to 4 months at NVC than waiting for interview. So add 2 to 5 months on top of the 12 to 16 months.

Your I-129F will go to the same place as your I-130 so it buys you nothing the petitions will marry up and sit and wait together.

So sorry you didn't know to not leave. I pray something breaks through and these long waits lessen for you all.

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From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

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ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
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5/21/2019: Filed Online
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4/7/2020: In queue for Oath Ceremony to be scheduled
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Ebunoluwa Veteran

Ebunoluwa   6,136

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

You need to watch your lawyer closely so that he won't mess you up.

Here is a link to study. http://www.visajourney.com/content/i130guide1

It is best to totally research and understand the entire process than to rely on a lawyer blindly.

After you have researched come back and ask if you have questions. VJ is an excellent guide.

You have a long road ahead of you, the CR1's are currently taking a long time.

Best wishes.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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r060106 Proficient

r060106   109

Posted
Filed: Lift. Cond. (pnd) Country: Poland
 Timeline
Posted

I spoke with a rep at USCIS and they told me processing for spousal is about the same as the K-1 visa.

If you're referring to the time to get the two processed, that person was completely wrong.

Married in Edinburgh, Scotland: 07-06-2013

I-130 Package Sent to Chicago Lockbox: 09-04-2013

NOA1 from the National Benefits Center: 09-05-2013

I-130 Package Transferred to California Service Center: 02-25-2014

NOA2: 03-05-2014

NVC Received: 03-17-2014

Case # and IIN Assigned: 04-18-2014

DS-261 Generated and Completed: 04-26-2014

AOS Fee Invoiced and Paid: 04-29-2014

IV Fee Invoiced and Paid: 05-01-2014

AOS Fee Shows as Paid: 05-01-2014

IV Fee Shows as Paid: 05-05-2014

AOS and IV Packages Sent via UPS: 05-08-2014

AOS and IV Packages Received: 05-12-2014

AOS and IV Packages Input Into System: 05-14-2014

DS-260 Completed: 05-16-2014

Case Complete: 06-11-2014

Medical Exam: 07-08-2014

Interview in Warsaw, Poland: 08-28-2014 @ 8:30AM - APPROVED!

Visa Package Received: 09-01-2014

POE at Chicago O'Hare International Airport: 09-23-2014

I-751 Package Received: 07-11-2016

NOA1: 07-16-2016

I-751 Biometrics Apointment: 08-01-2016

ROC Approval (during citizenship interview): 12-20-2017

10-Year Green Card Received: N/A due to approved N-400

N-400 Filed Online: 08-28-2017

N-400 NOA1 Date: 08-29-2017

N-400 Biometrics Appointment: 09-22-2017

Status Changed to Interview Scheduled: 09-22-2017

Status Change to Interview Scheduled, read the letter we mailed: 11-15-2017

N-400 Interview: 12-20-2017 - APPROVED!

Oath of Allegiance Scheduled: 12-29-2017

Oath of Allegiance: 01-18-2018 

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