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Filed: H-1B1 Visa Country: Philippines
Timeline
Posted (edited)

Hello every one.

Here is our situation. I am a US citizen. My girlfriend has a tourist visa B1/B2 and we want to get married. She is from Philipines and her visa will expirein 3 month or so.

Can we just get married here in US and apply for AOS, if so which visa do we need to Apply for: K-3 or IR1/CR1), I have read many forums and 50/50 says yes its is OK and the other 50% says it is not.

I understand that most folks apply for K-1, but I do not want my girlfirend to leave.

What is the differance b/n K-3 and (IR1 / CR1) and which does she qualify for ?

Thank you.

Edited by Mikey79
Filed: Citizen (apr) Country:
Timeline
Posted (edited)

If you get married in the US and she goes back to the Philippines after the wedding, the visa you're looking for is CR1.

If she gets here as a tourist, and you guys already planned to get married and do her AOS so she could stay, then no, you can't. That's a fraud.

Anyone can correct me if I'm wrong.

Edited by Converts
Filed: K-1 Visa Country: Wales
Timeline
Posted

If she gets here as a tourist, and you guys already planned to get married and do her AOS so she could stay, then no, you can't. That's a fraud.

Anyone can correct me if I'm wrong.

You are wrong.

K3 is effectively dead do ignore that option.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: H-1B1 Visa Country: Philippines
Timeline
Posted (edited)

Given you don't want her to leave, just apply AOS.

forgive me for being ignorant, when you say apply for AOS what exactly do you mean we apply for?

I hear this all the time appl for AOS, but I dont understan what tha mean and what visa to apply for. Is it K3 or CR1.

She is here in the US now, and I dont want her to leave, we were told that we can get married and apply for AOS, but no one is tlling m what it is.

Edited by Mikey79
Filed: H-1B1 Visa Country: Philippines
Timeline
Posted (edited)

So if I understand correctly, by filing for AOS she is going to get a permanet residency permision. After we file for permanet resident, what do we do next? file for K3?

Why do we need K-3 if she gets aproved for permanet residency?

Edited by Mikey79
Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

Please read the guides above.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

DIY is not for everybody, have you thought of consulting with a lawyer?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)

So if I understand correctly, by filing for AOS she is going to get a permanet residency permision. After we file for permanet resident, what do we do next? file for K3?

Why do we need K-3 if she gets aproved for permanet residency?

To answer your question, IF everything goes smoothly with your AOS application and it is approved, then your gf will become a conditional permanent resident. You will not need to file a K-3 application, so just forget about that.

If your gf is here & wants to adjust status, You guys will need to get married & after that , you would concurrently file the following forms for AOS :

I-130, I-485, I-765, I-131, G-1145, G325A and i-693

All of these forms along with instructions can be found on Uscis.Gov , try reading through the instructions on the website for each form to gather a better understanding.

http://www.visajourney.com/content/i130guide2 <-- This guide will help you to prepare and assemble the necessary documents as well.

Edited by lala1

AOS

6/20/14- Married

8/29/14- Sent AOS Package

9/2/14- Delivered to Chicago lockbox

9/5/14- Received texts with receipt numbers, Online status updated for all four cases to " Acceptance" & " Initial review "

9/9/14- NOA1 hard copies received in mail

9/12/14- Biometrics letter recieved ( Date set for 9/22/14 )

9/15/14- Biometrics completed

9/16/14- Submitted EAD Expedite through congressman

9/24/14- Case moved to " Testing and interview "

9/26/14- EAD and AP Approved

10/2/14- EAD Mailed

10/3/14- EAD 'Delivered'.. but never recieved :ranting:

10/16/14- Interview date received for 11/19 - My birthday! :D

11/19/14- Interview day- Approved- PR status registered & Welcome letter mailed

11/24/14- Welcome letter recieved

11/26/14- GC Mailed

11/29/14- GC Received

ROC

09/23/16- Mailed ROC package

10/03/16- Package sent back due to missing documents

10/05/16- Resent package

10/07/16- Check cashed

10/12/16- NOA1 received

11/14/16-Biometrics

03/04/18- Case received at local office

03/24/18- Approval letter received
04/03/18- Card Mailed

 

Filed: H-1B1 Visa Country: Philippines
Timeline
Posted

this is exactly what i wanted to know. I just couldnt understand the need of k-3 visa.

THANK YOU

To answer your question, IF everything goes smoothly with your AOS application and it is approved, then your gf will become a conditional permanent resident. You will not need to file a K-3 application, so just forget about that.

If your gf is here & wants to adjust status, You guys will need to get married & after that , you would concurrently file the following forms for AOS :

I-130, I-485, I-765, I-131, G-1145, G325A and i-693

All of these forms along with instructions can be found on Uscis.Gov , try reading through the instructions on the website for each form to gather a better understanding.

http://www.visajourney.com/content/i130guide2 <-- This guide will help you to prepare and assemble the necessary documents as well.

Posted

Very welcome!

AOS

6/20/14- Married

8/29/14- Sent AOS Package

9/2/14- Delivered to Chicago lockbox

9/5/14- Received texts with receipt numbers, Online status updated for all four cases to " Acceptance" & " Initial review "

9/9/14- NOA1 hard copies received in mail

9/12/14- Biometrics letter recieved ( Date set for 9/22/14 )

9/15/14- Biometrics completed

9/16/14- Submitted EAD Expedite through congressman

9/24/14- Case moved to " Testing and interview "

9/26/14- EAD and AP Approved

10/2/14- EAD Mailed

10/3/14- EAD 'Delivered'.. but never recieved :ranting:

10/16/14- Interview date received for 11/19 - My birthday! :D

11/19/14- Interview day- Approved- PR status registered & Welcome letter mailed

11/24/14- Welcome letter recieved

11/26/14- GC Mailed

11/29/14- GC Received

ROC

09/23/16- Mailed ROC package

10/03/16- Package sent back due to missing documents

10/05/16- Resent package

10/07/16- Check cashed

10/12/16- NOA1 received

11/14/16-Biometrics

03/04/18- Case received at local office

03/24/18- Approval letter received
04/03/18- Card Mailed

 

 
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