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bakersolay

married while waiting for k1 process

By bakersolay in Adjustment of Status from Work, Student, & Tourist Visas

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bakersolay Contributor

bakersolay   0

Posted
Filed: AOS (pnd) Country: Mauritius
 Timeline
Posted

we are currently in process of k1 process NOA 2 waiting on embassy,,

my fiance is currently in the U.S visiting me on a tourist visa.

we were thinking it would be much easier for both of us if we could just get married now, instead of waiting for k1 interview and her having to return back to her country for interview "which isint even in her country". and we would save on plane tickets as well

is it possible or ok to just get married now? and just cancel the k1 process..

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canadian_wife Grand Master

canadian_wife   1,808

Posted
Filed: Citizen (apr) Country: Canada
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Posted

You may get married at any time and she may return to her home country "which isn't even her country" -- not sure why that had to be in ""

Anyway, would it be easier? What is easy about wasting those hundreds of dollars and time spent on the K-1? You would have to refile for the spousal visa so I am not sure how that even saves on plane fare

goodluck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

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October 16, 2015 - US Citizen

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bakersolay Contributor

bakersolay   0

Posted
Filed: AOS (pnd) Country: Mauritius
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  • Author
Posted

she is currently here on tourist visa she lives in mauritus,a island by africa, but the embassy for her interview is in south africa at johannasburg a dangerous place which is not in her country.. we figured if she could just stay it would save us the round trip ticket to her country and back and also the tickets and two week hotel stay to south africa.. the application fee is like 390$ the total of plane tickets would be around 3000...

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Penguin_ie Grand Master

Penguin_ie   5,992

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

***** Moving from K1 fiance visa forum to AOS from tourist visa forum *****

If you had no intention of getting married and her staying in the USA when she came in, then yes, you can do that. Keep in mind it would "lock her into" staying in the USA for several months, as she waits for her greencard. She could not work, nor travel back to her country to get her things. That may be a problem if she has a job back home she needs to finish up, or pets she needs to get, or even her clothes and such.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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bakersolay Contributor

bakersolay   0

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Filed: AOS (pnd) Country: Mauritius
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Posted

no we didnt plan on marrying like this at all and we want to stay together instead of her having to leave if we were to marry while shes here could we apply for EAD permit while waiting for aos

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Penguin_ie Grand Master

Penguin_ie   5,992

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

yes, you would follow this guide:

http://www.visajourney.com/content/i130guide2

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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bakersolay Contributor

bakersolay   0

Posted
Filed: AOS (pnd) Country: Mauritius
 Timeline
  • Author
Posted

ok thanks i read that link and right at the top it says the warning that if we were to be married that she needed to return to her home country to file, but i thought if we were to marry she couldnt leave the country while waiting for aos

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AmAjjD Explorer

AmAjjD   33

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
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Posted

I know if you have no intentions it's technically legal, however I don't know if it's still legal if you've started the k-1 process. If it is legal, you're probably going to have a hard time proving you didn't have intentions.

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VAN2015 Explorer

VAN2015   11

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

Hello,

You are right at end of K1 process!! I know its pricey but maybe you go with her to South Africa? That way you both feel better :)

Good luck whichever way you proceed :)

If you end up doing the K1 way, message me and I can tell you how it went for my fiancee.

9/01/13- Met online 7/10/15- NVC case # assigned **22 days from NOA2**

11/9/13- Met 1st time in person (L) 7/27/15- Case left NVC to South Africa!!!

2/01/14- Met 2nd time in person (L) 7/28/15- Case "ready"

9/01/14- Met 3rd time in person (L) 7/31/15- Consulate received

5/11/15- Mailed I-129F 8/4/15- Packet 3 received by email

5/19/15- NOA1--- Got routed to CSC!!! :dancing: 8/7/15- Sent Packet 3

5/22/15- File "touched" 8/7/15- Packet 4 received by email!

5/27/15- Our baby was born (L) 9/7- 9/8- Medical

6/18/15- NOA2!!!! Email notification at 21:30 Central Time **30 days from NOA1** 9/17/15- Interview!!! APPROVED :luv:

9/28/15- Visa in hand

9/29/15- US Entry---- Finally!!

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bakersolay Contributor

bakersolay   0

Posted
Filed: AOS (pnd) Country: Mauritius
 Timeline
  • Author
Posted

by showing we already started the k1 process wouldnt that show we didnt have intentions of marrying without it though.. when in fact we didnt plan on it, but it would just be so much more conveint for our circumstance,, maybe someone on here has done this before and can chime in

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sandra3711 Collaborator

sandra3711   52

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

by showing we already started the k1 process wouldnt that show we didnt have intentions of marrying without it though.. when in fact we didnt plan on it, but it would just be so much more conveint for our circumstance,, maybe someone on here has done this before and can chime in

It is perfectly legal. If she convinced the border control that she had no intentions of marrying and adjusting, then you guys having a K1 in process shouldn't stop you from canceling it and adjusting from a tourist visa. It may look suspicious to a interviewer, but it isn't illegal.

K-1 Journey: 309 days from received to POE (TSC)

 

 

[september 11, 2014] - I-129F received by USCIS

[september 15, 2014] - NOA1
[May 27, 2015] - NOA2
[July 9, 2015] - I N T E R V I E W! (APPROVED!)
[July 13, 2015] - Issued
[July 14, 2015] - Visa in hand
[July 16, 2015] - POE JFK

AOS Journey: 169 days from received to GC in hand (NSC)

Spoiler

[July 17, 2015] - Successfully applied for SSN

[July 18, 2015] - Sent out AOS package

[July 21, 2015] - Received

[July 24, 2015] - NOA1 (3x)

[August 18, 2015] - Biometrics

[september 19, 2015] - EAD/AP approval (63 days)

[september 24, 2015] - EAD/AP Received

[January 6, 2016] - Green Card approved without interview(166 days)

[January 12, 2016] - Received Green Card

ROC journey starts: October 2017

 

 

 

ROC Journey: 419 days (VSC)

[October 30, 2017] - Sent package

[November 3, 2017] - NOA1

[November 18, 2017] - Biometrics letter received

[December 5, 2017] - Biometrics

[December 18, 2018] - Card is being produced (no interview)

[December 22, 2018] - Received Green Card

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vanessalga Rookie

vanessalga   8

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

Get married and AOS, you will be fine. She didn't have pre conceived intent when she entered. You are not doing anything illegal. Save the money and the time. When she has EAD/advanced parole she can go home and sort anything she still might have pending.

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NYCruiser Proficient

NYCruiser   423

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

Hello,

You are right at end of K1 process!! I know its pricey but maybe you go with her to South Africa? That way you both feel better :)

Good luck whichever way you proceed :)

If you end up doing the K1 way, message me and I can tell you how it went for my fiancee.

Come on!! South Africa is not that dangerous. The Area where the US Embassy is is in a safe and good area. You might learn something going there for a visit as well?

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