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Liz1026

Getting Married and Leaving the US

By Liz1026 in K-1 Fiance(e) Visa Case Filing and Progress Reports

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Liz1026 Newbie

Liz1026   0

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Timeline
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My fiance and I both live and work in Honduras.  We have applied and have been accepted for a K-1 fiance visa.  Our hope is to be able to go to the US and get married, and then return to Honduras, as we don't plan to move to the US for several years.  Is this possible? Will he be able to return to the US if we do this?  I understand to apply for a green card you need to stay in the US.  Can you apply for a green card from abroad?

Crazy Cat Grand Master

Crazy Cat   42,625

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

The plan you describe would be problematic for several reason such as domicile requirements, residency requirements, and travel restrictions.  Have you thought about marrying in Honduras, then applying for a CR-1 spousal visa when you want to actually live in the US (which is the real purpose of fiance and spousal visas).

 

Edit:  Yes, you can apply for spousal visas from abroad.

Edited by missileman

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

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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.. 
 

geowrian Grand Master

geowrian   22,338

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

There’s nothing illegal or anything in that plan that would present a problem with getting a green card later. It’s a lot of work and waiting and fees and stress just to get married (and do so within a 90 day period), though. A tourist visa, if obtainable, is better suited to your desires.

 

Once you’re ready to move to the US, you can petition for a CR-1/IR-1 visa.

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

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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