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A.Reyal

Questions! Advice Needed Please

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Hello Everyone! 

 

I am an American citizen and I need advice and guidance!

 

My husband and I got married back in July of 2014 so a little more than three years and he hasn't visited the US yet nor has ever applied for any type of visa to the US. I want to know my options but my husband isn't the type of man who would be okay sitting and waiting unable to work for long, maybe 3 months max. So with that being kept in mind what is the best route possible?

 

1. Enter on a K-3 visa and get married in the US and apply for EAD and Adjustment of Status? 

 

2. Enter on a DS-160 visa, nonimmigrant, and get married there and apply for Adjustment of Status and apply for EAD

 

3. Stay where we are and apply for the Green Card and wait almost a year? 

 

Any and all advice is much appreciated! Thank you! 

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Filed: Citizen (apr) Country: Taiwan
Timeline

1.  K-3 visa are obsolete.  They are almost never approved.

2.  You cannot enter the US on a non-immigrant visa with the intent to adjust status.  That is visa fraud, and it can result in serious consequences.

3.  Yes.........

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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  1. K-3 is obsolete...it would almost certainly turn into a IR-1 anyway.
  2. This is clear visa fraud. Do not do this. You cannot enter on a non-immigrant visa with immigrant intent (with the exception of certain visas designed for this purpose, like a fiance/K-1 visa).
  3. Bingo. This is the one to do (IR-1). Guide: http://www.visajourney.com/content/i130guide1
Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Taiwan
Timeline
Just now, geowrian said:
  1. K-3 is obsolete...it would almost certainly turn into a IR-1 anyway.
  2. This is clear visa fraud. Do not do this. You cannot enter on a non-immigrant visa with imigrant intent (with the exception of certain visas designed for this purpose, like a fiancee/K-1 visa).
  3. Bingo. This is the one to do (IR-1). Guide: http://www.visajourney.com/content/i130guide1

Great minds think alike....:D

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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5 minutes ago, geowrian said:
  1. K-3 is obsolete...it would almost certainly turn into a IR-1 anyway.
  2. This is clear visa fraud. Do not do this. You cannot enter on a non-immigrant visa with imigrant intent (with the exception of certain visas designed for this purpose, like a fiancee/K-1 visa).
  3. Bingo. This is the one to do (IR-1). Guide: http://www.visajourney.com/content/i130guide1

Thank you for the link! 

 

Would anyone happen to know how long it usually takes for the IR-1 to be issued? 

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Since you say in your original post that you're already married, the IR-1 is really your only option. Look around on VisaJourney to find your country's forum/portal and they will be able to give you more info on how long it takes, whether or not your consulate allows DCF (which is usually faster) and any particular issues people find from your country.

Also, if you're going to make the best use of Visajourney, click on the "timeline" link to the left of your initial post, and populate the online form with information about you so that those of us answering your questions can check to see where you are in the world, and in your Visa process!

 

Good luck!

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

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Filed: Citizen (pnd) Country: India
Timeline

IR-1 it is

_______________________________________________

K-1 (I-129F):

15-Jul-2016- I-129F filed

17-Mar-2017- Interview

19-APR-2017- K-1 Visa Approved

_______________________________________________

Adjustment of Status (I-485 & I-765):

07-AUG-2017- Date filed

14-AUG-2017- NOA1

04-MAY-2018- AOS interview/Approved

_______________________________________________

Lifting Conditions (I-751):

01-May-2020- Date filed

04-May-2020- NOA1

16-Sep-2021- Approved/No interview

_______________________________________________

Naturalization (N-400):

23-Feb-2023: Filed online

23-Feb-2023: NOA1

15-Mar-2023: Biometrics

_______________________________________________

 

 

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