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cibeji

90 day rule when spouse is returning back

By cibeji in What Visa Do I Need - Family Based Immigration

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cibeji Newbie

cibeji   0

Posted
Filed: Citizen (apr) Country: Nigeria
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Posted

My girlfriend just arrived about 10 days ago on a tourist visa (B1 / B3), and the original plan is for her to return home to Lagos.

This is her first visit to the US.

I am now thinking of having us do a court wedding here in the States and then file a K-3 visa after she leaves in 7 days time.

I am worried Immigration would have a fit since the 90 day rule isn't respected and she is from Nigeria (Lagos). Is there grounds to be wary since she is NOT staying back but returning home?

Any other alternatives?

Thanks.

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
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K-3 visas are rarely issued anymore. You would be filing instead for a CR-1 immigrant visa using an I-130, if you marry.

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KayDeeCee Grand Master

KayDeeCee   4,893

Posted
Filed: Citizen (apr) Country: Mexico
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Posted

If you want to marry and then have her return home and file for a spousal visa, then go ahead. No '90 day rule' stopping you.

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Avery Cates Proficient

Avery Cates   1,141

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

My girlfriend just arrived about 10 days ago on a tourist visa (B1 / B3), and the original plan is for her to return home to Lagos.

This is her first visit to the US.

I am now thinking of having us do a court wedding here in the States and then file a K-3 visa after she leaves in 7 days time.

I am worried Immigration would have a fit since the 90 day rule isn't respected and she is from Nigeria (Lagos). Is there grounds to be wary since she is NOT staying back but returning home?

Any other alternatives?

Thanks.

Is this your first time meeting? If so, I would plan more visits before moving forward.

Have a few more, make sure it's right, then get married if you really still want and file a CR-1.

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NikLR Grand Master

NikLR   13,227

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

Lagos is a difficult consulate/embassy that wants to see LOTS of face time between you and the beneficiary. So if this is the first time meeting, I do not suggest filing the CR1, unless you truly feel this is love, both want to marry NOW and can't possibly wait, and you want to visit more during the process (and provide proof of such visits.) Please visit the sub-Saharan regional forum for ideas of what people go through with Lagos. Marrying on a first time meeting is actually something I'd never recommend. However, if this is just another visit, then go ahead and get married and start the CR1 process as soon as you have the marriage certificate in hand. You do not need to wait until she leaves to file. It's actually better that she's going back and that she already has a visitor visa which makes it a bit easier for her to visit you in the USA.

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dwheels76 Grand Master

dwheels76   5,466

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

My girlfriend just arrived about 10 days ago on a tourist visa (B1 / B3), and the original plan is for her to return home to Lagos.

This is her first visit to the US.

I am now thinking of having us do a court wedding here in the States and then file a K-3 visa after she leaves in 7 days time.

I am worried Immigration would have a fit since the 90 day rule isn't respected and she is from Nigeria (Lagos). Is there grounds to be wary since she is NOT staying back but returning home?

Any other alternatives?

Thanks.

90 day rule does not apply to your situation. You are fine marrying as long as she returns. She shouldn't have any issue returning for more visits.

Also as mentioned before K3 will gain you nothing have yet to see in all this whala one issued lately. Your spouse will not get here faster and NVC will close it because they will have the I-129F and I-130 together and close it. And you will follow the CR1/IR1 path as all spouses do.

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Darnell Grand Master

Darnell   8,478

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

90 day rule not apply in the situation described in post #1.

Also, chasing a K-3 visa is a waste of time - chase a CR-1 visa, instead.

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Schynam Contributor

Schynam   9

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

Another option is to marry and then file the paperwork to adjust her status . The catch of course is that she cannot leave the US until she receives her GC.

This is your best option. Having her return u just don't know what might happen.

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Teddy B Grand Master

Teddy B   17,251

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

This is your best option. Having her return u just don't know what might happen.

Without knowing the relationship history between the two, this is not necessarily true. If their is no evidence of a bonafide relationship, ie: phone records, e-mails and previous meetings, an immediate marriage and filing for AOS could very well backfire and result in a ban.

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