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Filed: Timeline
Posted

Please help me

My girlfriend going to visit me in the U.S. next week, and we plan to marry here in U.S.

Here is my question...

Since travel from Sweden to U.S. doesn't require visa at all. After we're marry here in the state, can she stays here in the state (permanent) while we wait for all the paper work, or she has to return home.

What forms do I have to file? K1 or K3

Thank you for all your help

Posted

Start with reading the guides.

She will have to return home after the wedding. You could file for Adjustment of Status but since she isnt here on a K-1 visa, you could possibly run into trouble. The problem is with intent. If you decided to get married while she was already here, you could do so and file AOS, but if she intents to enter the country to get married and stay she may not only get denied at the PoE, but you could run into problems with AOS.

K-1 is fiancee visa, since your getting married you cant use that.

K-3 or IR-1/CR-1 are your options for spousal visas. Each has thier own advantages. Read the guides for more info. You can only start them once you are married.

keTiiDCjGVo

Filed: K-1 Visa Country: Mexico
Timeline
Posted
Please help me

My girlfriend going to visit me in the U.S. next week, and we plan to marry here in U.S.

Here is my question...

Since travel from Sweden to U.S. doesn't require visa at all. After we're marry here in the state, can she stays here in the state (permanent) while we wait for all the paper work, or she has to return home.

What forms do I have to file? K1 or K3

Thank you for all your help

K3 is for a spouse. She cannot stay permanently while you wait for the paperwork if she is not entering on a Spousal Visa. (The only way to do what you have described is if she came as a visitor with NO intention to marry, then during her vacation you spontaneously decided to marry. Since you have the plan now, she has the intent and can ultimately be denied her adjustment of status for entering the US in order to marry/stay permanently on the wrong kind of visa).

Start by reading the guides and consider an attorney consult so you don't end up in deep trouble due to lack of knowledge on this.

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Unfortunately, you already said that your intentions are for her to come to the U.S., get married and stay. That's illegal, big no, no. What you can do is she can still come here, get married and go back to her country until her K-3 or CR-1 visa is granted.

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

 
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