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DancerGirl18

Fiance is here on Work Visa

By DancerGirl18 in Adjustment of Status from Work, Student, & Tourist Visas

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DancerGirl18 Rookie

DancerGirl18   0

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

If my fiancé is in the US on a work visa, what is the process if we get married during this time? Do we still need to apply for a fiancé visa? And does he have to leave and come back?

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KierenHby Experienced

KierenHby   899

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

Are you a US citizen?

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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KierenHby Experienced

KierenHby   899

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

He does not apply for any visa while in the US; he can adjust status; review the guide linked above.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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TBoneTX Grand Master

TBoneTX   45,288

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

Thread is moved from the K-1 Process forum to the "Adjustment of Status from Work, Student, & Tourist Visas" main forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Mounat Explorer

Mounat   74

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

It depends what kind of work visa - it will need to be one that allows "dual intent" if you are planning, ahead of time, on getting married.

No it doesn't. The type of visa is completely irrelevant for spouse of US citizen to adjust status. In fact, even overstay are forgiven.

Edited by Mounat
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Brit1 Explorer

Brit1   54

Posted
Filed: Timeline
Posted

No it doesn't. The type of visa is completely irrelevant for spouse of US citizen to adjust status. In fact, no status and overstay are forgiven.

Once a spouse of a US citizen is in the US, then you are correct. But that isn't the case here - the OP's fiancé is currently applying for a "work" visa. If the visa is not dual intent, then the applicant cannot have a preconceived notion to immigrate (as it seems they do in this case). This is no different from planning to enter the US on a tourist visa, marrying and adjusting. If questioned about this at a visa interview, or on entry into the US, they can rightfully be refused.

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Mounat Explorer

Mounat   74

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

If the visa is not dual intent, then the applicant cannot have a preconceived notion to immigrate (as it seems they do in this case). This is no different from planning to enter the US on a tourist visa, marrying and adjusting. If questioned about this at a visa interview, or on entry into the US, they can rightfully be refused.

Indeed, that is the case. I thought the fiancé was already here.

Good thing USCIS doesn't read this forum. A lot of intent flying around here. Wait...

Edited by Mounat
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Boiler Grand Master

Boiler   45,497

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

At leas one visa does not allow adjustment, so which one?

“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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