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idaliris

Please I need help

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

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idaliris Contributor

idaliris   3

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
 Timeline
Posted

I a US citizen goes to his country and marry his fiancé, and she comes here because she has a Tourist Visa, can they adjust status? or is it better for her to go back and stay until she gets CR1?

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icv21 Rising Star

icv21   110

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

That would be immigration fraud.

USC must file for a K-1 visa and bring fiancée here to get married or get married then USC files for spouse visa.

But you can't plan on coming here and staying with tourist visa

y59om4.png

---------------------------------- Pre I-130 ----------------------------------------

Feb- 25- 2009 - Met in Barcelona Spain thanks to a friend in common ???

11 visits in the next 5 years........ ????????????

Apr - 23 - 2014 - My last entry in the US to visit ✈️

Jul - 18 - 2014 - finally proposes and ask me to stay forever!!!! ❤️??

Jul- 20 - 2014 - I don't get in the flight back to Spain ( that means my ESTA will expire the next day )

Jul - 22 - 2014 - wedding ❤️??

---------------------------I-130, I-485, EAD, AP ----------------------------------

Sep- 12- 2014 - AOS sent to Chicago ?? ( delivered sept 15 )

Sep - 18 - 2014 - AOS texts/ emails received with case number ??

Sep- 19 - 2014 - checks cashed ?

Sep - 21 - 2014- hard copies of NOA received in the mail!!! ??

Sep - 26 - 2014- biometrics letter received!! Appointment for Oct 7

Sep - 30 - 2014 - succesful early walk in biometrics ??

Nov - 22 - 2014 - EAD/AP approved ?? ( 71 days )

Nov - 24 - 2014 - card in production

Dec - 1 - 2014 - card mailed ??

Dec - 3 - 2014 - Combo card received ??

Dec - 15 - 2014 - email received with interview date for Jan 15 2015! ??

Jan - 15 - 2015 - Approved!! ???? Here is our interview experience --> http://www.visajourney.com/forums/topic/531853-aos-interview-from-esta-approved/

Jan - 24 - 2015 - Green card received

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idaliris Contributor

idaliris   3

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

She has been having tourist visa for 10 years. They met and got married in their country.


They got married in their country but also she came here and got married here as well

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Boiler Grand Master

Boiler   45,541

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Why?

“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.”

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icv21 Rising Star

icv21   110

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

Well if they are married already then they have to take CR1 path.

She can come visit while the process is going on but can't move/stay

y59om4.png

---------------------------------- Pre I-130 ----------------------------------------

Feb- 25- 2009 - Met in Barcelona Spain thanks to a friend in common ???

11 visits in the next 5 years........ ????????????

Apr - 23 - 2014 - My last entry in the US to visit ✈️

Jul - 18 - 2014 - finally proposes and ask me to stay forever!!!! ❤️??

Jul- 20 - 2014 - I don't get in the flight back to Spain ( that means my ESTA will expire the next day )

Jul - 22 - 2014 - wedding ❤️??

---------------------------I-130, I-485, EAD, AP ----------------------------------

Sep- 12- 2014 - AOS sent to Chicago ?? ( delivered sept 15 )

Sep - 18 - 2014 - AOS texts/ emails received with case number ??

Sep- 19 - 2014 - checks cashed ?

Sep - 21 - 2014- hard copies of NOA received in the mail!!! ??

Sep - 26 - 2014- biometrics letter received!! Appointment for Oct 7

Sep - 30 - 2014 - succesful early walk in biometrics ??

Nov - 22 - 2014 - EAD/AP approved ?? ( 71 days )

Nov - 24 - 2014 - card in production

Dec - 1 - 2014 - card mailed ??

Dec - 3 - 2014 - Combo card received ??

Dec - 15 - 2014 - email received with interview date for Jan 15 2015! ??

Jan - 15 - 2015 - Approved!! ???? Here is our interview experience --> http://www.visajourney.com/forums/topic/531853-aos-interview-from-esta-approved/

Jan - 24 - 2015 - Green card received

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Cool_Immigrant Contributor

Cool_Immigrant   3

Posted
Filed: AOS (pnd) Timeline
Posted

K-1 visa would be a wiser option in my opinion. Marrying in Tourist visa and adjusting status is not considered visa fraud unless the immigrant had an intent to marry in the US with Tourist visa.

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idaliris Contributor

idaliris   3

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

K-1 visa would be a wiser option in my opinion. Marrying in Tourist visa and adjusting status is not considered visa fraud unless the immigrant had an intent to marry in the US with Tourist visa.

They are married already.

Well if they are married already then they have to take CR1 path.

She can come visit while the process is going on but can't move/stay

Thank you for your advice linda

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icv21 Rising Star

icv21   110

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

Thank you for your advice linda

You are welcome!! :) wish them good luck and congrats on the marriage

y59om4.png

---------------------------------- Pre I-130 ----------------------------------------

Feb- 25- 2009 - Met in Barcelona Spain thanks to a friend in common ???

11 visits in the next 5 years........ ????????????

Apr - 23 - 2014 - My last entry in the US to visit ✈️

Jul - 18 - 2014 - finally proposes and ask me to stay forever!!!! ❤️??

Jul- 20 - 2014 - I don't get in the flight back to Spain ( that means my ESTA will expire the next day )

Jul - 22 - 2014 - wedding ❤️??

---------------------------I-130, I-485, EAD, AP ----------------------------------

Sep- 12- 2014 - AOS sent to Chicago ?? ( delivered sept 15 )

Sep - 18 - 2014 - AOS texts/ emails received with case number ??

Sep- 19 - 2014 - checks cashed ?

Sep - 21 - 2014- hard copies of NOA received in the mail!!! ??

Sep - 26 - 2014- biometrics letter received!! Appointment for Oct 7

Sep - 30 - 2014 - succesful early walk in biometrics ??

Nov - 22 - 2014 - EAD/AP approved ?? ( 71 days )

Nov - 24 - 2014 - card in production

Dec - 1 - 2014 - card mailed ??

Dec - 3 - 2014 - Combo card received ??

Dec - 15 - 2014 - email received with interview date for Jan 15 2015! ??

Jan - 15 - 2015 - Approved!! ???? Here is our interview experience --> http://www.visajourney.com/forums/topic/531853-aos-interview-from-esta-approved/

Jan - 24 - 2015 - Green card received

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Pitaya Grand Master

Pitaya   2,577

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

~Moved from Fam.-based AOS to What Visa Do I Need Forum~

~Inquiry about family visas~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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NikLR Grand Master

NikLR   13,227

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

They got married in their country but also she came here and got married here as well

Why? Married is married. there was zero need to get married twice unless you are just having a ceremony for family.

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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KayDeeCee Grand Master

KayDeeCee   4,893

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

K-1 visa would be a wiser option in my opinion. Marrying in Tourist visa and adjusting status is not considered visa fraud unless the immigrant had an intent to marry in the US with Tourist visa.

They are already married so they cannot file for a K-1 visa. And it is not fraud to enter the US with a tourist visa with the intent to marry. You are allowed to marry in the US on a tourist visa. It is fraud to plan to enter the US with a tourist visa with the intent to get married and stay and file for AOS.

They are married already.

Thank you for your advice linda

They are married already, so they should file an I-130 to get the spousal visa (CR-1) process started > http://www.visajourney.com/content/i130guide1

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Cool_Immigrant Contributor

Cool_Immigrant   3

Posted
Filed: AOS (pnd) Timeline
Posted

And it is not fraud to enter the US with a tourist visa with the intent to marry. You are allowed to marry in the US on a tourist visa. It is fraud to plan to enter the US with a tourist visa with the intent to get married and stay and file for AOS.

True, if not filing for AOS it's not fraud.

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Paul and Svetlana Apprentice

Paul and Svetlana   21

Posted
Filed: K-1 Visa Country: Russia
 Timeline
Posted

Just too give you an idea about what you may be looking at. We did a K-1 Visa in/for Russia. It took 4.5 months after submitting the paper work. Other Russian ladies who got married in Russia had too file a K-3 visa. They waited 1.5 years too be approved. Good Luck

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