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Get a new K-1 Visa or keep Tourist Visa

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Hey Guy,

i have a question about my fiance's situation maybe someone had same issues. I have been in relationship almost 3 years now and got engaged last year in my country. my fiance got a 10 years tourist visa and came here (Houston) to visit me. i will have a wedding ceremony this July.

My question is Do you think my fiance should keep her tourist visa for coming USA or change her visa to K-1 engagement visa? in both ways we ll get married here because of the processing time for my country. You guys know getting K-1 visa is takes almost 9 months and applying thru American embassy almost 2 years

I would like to get some opinions.

Thank you

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Filed: Citizen (pnd) Country: Pakistan
Timeline

I think you should not have set your wedding date if you set your wedding for July. It is VERY unlikely that a K1 would be approved in time. You can get married then your spouse will have to return home and you can file for a CR1 visa by completing an I130 petition.

You seem to indicate that you are currently an LPR (pending naturalization). An LPR is not eligible to apply for a K1. You can complete the I130 petition, and upgrade the visa category to CR1 as soon as you are a USC.

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
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Thank you guys for the information. i will take my OATH this month and hopefully will be American citizen :)

I will have a wedding ceremony in my country not a wedding. she is in Turkey right now. She been here several time. Why did you say after we got married here she has to go back?

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Filed: Citizen (apr) Country: Denmark
Timeline

Thank you guys for the information. i will take my OATH this month and hopefully will be American citizen :)

I will have a wedding ceremony in my country not a wedding. she is in Turkey right now. She been here several time. Why did you say after we got married here she has to go back?

US or Turkey?

If you guys marry in Turkey then the K-1 can't be used it'll be the CR-1 visa

 

 

 

 

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Filed: Citizen (pnd) Country: Pakistan
Timeline

Thank you guys for the information. i will take my OATH this month and hopefully will be American citizen :)

I will have a wedding ceremony in my country not a wedding. she is in Turkey right now. She been here several time. Why did you say after we got married here she has to go back?

It is fraud to come to the US on a non immigrant visa when you have immigrant intent, after you are married you will need to file a petition for her to come here

Also you mention a wedding ceremony not a wedding, if it looks like a wedding then as far as USCIS is concerned it is a wedding. Either get legally married and file an I130 petition, or do not do anything resembling a wedding and then AFTER you are a citizen, apply for a K1.

Edited by Kastrs
Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
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Filed: K-1 Visa Country: Wales
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You need to read the guides, CR1 is the one you are looking takes about a year.

“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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It is fraud to come to the US on a non immigrant visa when you have immigrant intent, after you are married you will need to file a petition for her to come here

Also you mention a wedding ceremony not a wedding, if it looks like a wedding then as far as USCIS is concerned it is a wedding. Either get legally married and file an I130 petition, or do not do anything resembling a wedding and then AFTER you are a citizen, apply for a K1.

Thank you for the information. and i will NOT get married. it is a ceremony not a OFFICIAL wedding between families. You go to your girlfriend's house and ask for permission from the father to get married.

My question was should we get fiance visa when she has already has a tourist visa. It seems take long time get it. But on the other hand you are right if someone come over here with tourist visa they are not suppose to get married.

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Thank you for the information. and i will NOT get married. it is a ceremony not a OFFICIAL wedding between families. You go to your girlfriend's house and ask for permission from the father to get married.

My question was should we get fiance visa when she has already has a tourist visa. It seems take long time get it. But on the other hand you are right if someone come over here with tourist visa they are not suppose to get married.

We understand that it is NOT A WEDDING CEREMONY. What we are trying to say is that if you have a ceremony that LOOKS like a Wedding, then they will assume that you got married and then you will get denied. If you try to plan and get married on a tourist visa then that is fraud. Since you have already started planning you have to either get the K1 or CR1 visa.

If you do plan to file for the K1 visa then do not do a ceremony. If you look almost anywhere on this site you will see people that did do the exact same thing as a ceremony. They got denied by the Embassy/CO because according to the embassy you got married, even if you didn't officially get married. This is very consistence throughout Africa and Asia.

Edited by cyberfx1024
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Filed: Citizen (pnd) Country: Pakistan
Timeline

Thank you for the information. and i will NOT get married. it is a ceremony not a OFFICIAL wedding between families. You go to your girlfriend's house and ask for permission from the father to get married.

My question was should we get fiance visa when she has already has a tourist visa. It seems take long time get it. But on the other hand you are right if someone come over here with tourist visa they are not suppose to get married.

Yes I understand that you will NOT be officially married; however, that was not my point. The point is if you do anything that could somehow be interpreted as a wedding then, and it has happened many times, you can get denied for the K1 visa. Hence my advice, either get married and file for a CR1, OR do not do anything that resembles a wedding and file for a K1.

You will not have the K1 by July.

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
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Filed: Other Country: Canada
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We understand that it is NOT A WEDDING CEREMONY. What we are trying to say is that if you have a ceremony that LOOKS like a Wedding, then they will assume that you got married and then you will get denied. If you try to plan and get married on a tourist visa then that is fraud. Since you have already started planning you have to either get the K1 or CR1 visa.

If you do plan to file for the K1 visa then do not do a ceremony. If you look almost anywhere on this site you will see people that did do the exact same thing as a ceremony. They got denied by the Embassy/CO because according to the embassy you got married, even if you didn't officially get married. This is very consistence throughout Africa and Asia.

Exactly. Understand that to many co's if it walks like a duck, quacks like a duck, it's a duck. It's easier to prove that you are married than that you're not sometimes

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Exactly. Understand that to many co's if it walks like a duck, quacks like a duck, it's a duck. It's easier to prove that you are married than that you're not sometimes

So what you are saying is i shouldn't do any customs(Ceremonies) belong to my country because officer in Turkish embassy(whom god knows how long she/he working in my country and knows all the customs and know how to speak Turkish(really cute ways :) )) will think i am married already and can't give K-1 visa to my fiance

You guys made me so confused now. if i throw the biggest wedding party here(Houston) or anywhere in the world, it means that i will be married guy without any signed papers? It is the most interesting think i have ever heard.

Thank you for the information guys. i got my answers. I will apply K-1 visa for her

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Filed: AOS (apr) Country: Kenya
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So what you are saying is i shouldn't do any customs(Ceremonies) belong to my country because officer in Turkish embassy(whom god knows how long she/he working in my country and knows all the customs and know how to speak Turkish(really cute ways :) )) will think i am married already and can't give K-1 visa to my fiance

You guys made me so confused now. if i throw the biggest wedding party here(Houston) or anywhere in the world, it means that i will be married guy without any signed papers? It is the most interesting think i have ever heard.

Thank you for the information guys. i got my answers. I will apply K-1 visa for her

Yes exactly. This has happened many times. The couple has some sort of ceremony, maybe not signed any papers and then get denied a K-1 since the Embassy assumes you are already married.

You can have a party, but no mention of the word ceremony or any official presiding over it or performing any vows or anything.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Other Country: Canada
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Yes exactly. This has happened many times. The couple has some sort of ceremony, maybe not signed any papers and then get denied a K-1 since the Embassy assumes you are already married.

You can have a party, but no mention of the word ceremony or any official presiding over it or performing any vows or anything.

Or wedding wear

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You're confusing a lot of issues here.

First-- tourist visas are for visiting, not moving. You are more than free to have a wedding while visiting, but you are NOT free to come in on a tourist visa with the intention to have a wedding and then apply to stay. Anyone telling you to do this is telling you to commit fraud, plain and simple.

Second-- fiance visas is not a class of visa that you transfer over to once you're here (which is what it sounds like you think). Remember, again, entering on a tourist visa with the intention of changing to an immigrant is fraud. Second, it doesn't work that way at all. Fiance visas are a way for you to cross the border legally with the intention to stay and adjust status to a resident. You will not have one of these by July. They don't take *that* long, but they also aren't that fast. Nothing about US immigration is fast and your proposed shortcut is fraudulent. You probably know this from experience. Also, only citizens can petition for a fiance, but sounds like you'll be set with that soon. Also again, having any sort of ceremony, legally binding or not, is a big risk. If the US Embassy in Turkey (where she will need to interview) knows about it, you run a very good chance of being "too married" for a fiance visa. This has happened to many people before. It's not worth the risk to most, but you may feel differently, and good luck to you.

Third-- if you get married (in the US or Turkey, or if you're considered "too married" for a fiance visa), you must apply for a spouse visa, which take 12+ months. Even if you get married in the US, she'd need to go back while the spouse visa is processing because you can't enter on a tourist visa with the intent to stay and adjust without committing fraud.

I'd apply for the fiance visa as soon as you're able, change your wedding date and go from there.

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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