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AbbyBoone

Does a Tourist Visa have to expire before applying for a K1 Fiance visa or a CR1 visa?

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

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AbbyBoone Newbie

AbbyBoone   0

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

I am trying to figure out the best way to get my boyfriend into the US. I am a US Citizen and he is an Indian Citizen. We have been dating for over 2 years, and we had tried multiple times to get him to the US on a tourist visa so that he could meet my family and see what the US was like. So he currently holds a b1/b2 visa that lasts for 10 years.H e also holds a C1/D1 visa as he works for Carnival Cruise Lines. 

 

We have recently decided to get married, but are unsure of the process with all of the visas. Obviously, we want to do everything the legal way, but I'm having a hard time finding answers to the unique situation. 

 

Do we need to let the B1/B2 expire before applying for a k1 or cr1 visa to get married? Can we even get married legally in the US on his b1/b2 visa? 

 

Please help!

Thank you so much!

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Crazy Cat Grand Master

Crazy Cat   41,918

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

He can legally come to the US and marry you via his B2 visa.  But he can not come to the US with the intent to marry you and stay in the US.  He would have to return to his country prior to the expiration of the authorized stay given to him when he enters the US.

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!"

- 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.

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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.. 
 

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KazuriSana Community Regular

KazuriSana   324

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

"What brings you to the United States?" asks the CBP officer, looking at the B1/B2 visa.

I am coming to marry my girlfriend," answers the love-stricken lad.

 

{Insert officer here looking for next available flight to India to put the young lad in.}

 

AOS, ROC, N-400, & PASSPORT, FOR HUSBAND TO USC

[02/23, 2012]  - DAY 001  (day 0001) (AOS) Mailed package to Chicago Lockbox via USPS overnight
[06/01, 2012]  - DAY 099  (day 0099) 2-year Conditional GC in hand
[05/05, 2014]  - DAY 001  (day 0802) (ROC) Mailed package to Vermont Service Center via USPS overnight

[05/14, 2014]  - DAY 009  (day 0811) Received NOA1 (GC Extended for 1 year)

[01/14, 2016]  - DAY 620  (day 1421) 10-year GC in hand

[02/22, 2017]  - DAY 001  (day 1826) (N-400) Mailed package to Lewisville, TX, via USPS overnight

[01/10, 2018]  - DAY 323  (day 2149) (N-400) Naturalization Oath Ceremony (5 years, 10 months, 19 days)

[01/10, 2018]  - DAY 001  (day 2149) (US Passport) Applied for US Passport, regular processing

01/25, 2018]  - DAY 015  (day 2164) (US Passport) Passport in hand (5 years, 11 months, 3 days from start of Journey.)

 

AOS, N-400, & PASSPORT FOR DAUGHTER [OF HUSBAND TO USC]

[06/14, 2013] - DAY 001 Mailed package to Chicago Lockbox via USPS overnight
[11/21, 2013] - Day 153 SSN and 10-year GC in hand

09/01, 2021]  - (day 3001) (US Passport) Passport in hand (8 years, 2 months, 18 days from start of Journey.)

_____________________________________________________________________________________________________________________

 

Except the Lord build the house, they labour in vain that build it: except the Lord keep the city, the watchman waketh but in vain. Psalm 127:1

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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
10 hours ago, BlessedAssurance said:

"What brings you to the United States?" asks the CBP officer, looking at the B1/B2 visa.

I am coming to marry my girlfriend," answers the love-stricken lad.

 

{Insert officer here looking for next available flight to India to put the young lad in.}

 

 

10 hours ago, NikLR said:

Considering he holds a current Canadian Visa he would just be turned away at either the border or in a Canadian airport.

 

Nothing wrong or illegal in entering the US to marry. He however needs a return ticket to India to go to await CR1 processing. 

 

Did I miss the Canadian visa part? 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
7 minutes ago, WeGuyGal said:

 

 

Nothing wrong or illegal in entering the US to marry. He however needs a return ticket to India to go to await CR1 processing. 

 

Did I miss the Canadian visa part? 

No I was tired and thought I read that.  But I didnt.  My bad!!

No Canadian Visa.  

 

/facepalm (gonna go hide in a corner now! Byeeeee)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
11 hours ago, AbbyBoone said:

I am trying to figure out the best way to get my boyfriend into the US. I am a US Citizen and he is an Indian Citizen. We have been dating for over 2 years, and we had tried multiple times to get him to the US on a tourist visa so that he could meet my family and see what the US was like. So he currently holds a b1/b2 visa that lasts for 10 years.H e also holds a C1/D1 visa as he works for Carnival Cruise Lines. 

 

We have recently decided to get married, but are unsure of the process with all of the visas. Obviously, we want to do everything the legal way, but I'm having a hard time finding answers to the unique situation. 

 

Do we need to let the B1/B2 expire before applying for a k1 or cr1 visa to get married? Can we even get married legally in the US on his b1/b2 visa? 

 

Once married, you can petition him for a CR1 spouse visa; apply for the spousal visa after marriage. The K1 fiance visa is tricky for Indian nationals; you're better off with the spouse visa. Yes, even with the b1/b2, which will be cancelled once an immigrant visa is issued. You can visit each other while spouse visa processing, average 12 months, is underway, and he interviews in Mumbai. 

 

Reading this guide would be helpful  http://www.visajourney.com/content/i130guide1

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Cyberfx1024 Grand Master

Cyberfx1024   7,980

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
23 minutes ago, WeGuyGal said:

Once married, you can petition him for a CR1 spouse visa; apply for the spousal visa after marriage. The K1 fiance visa is tricky for Indian nationals; you're better off with the spouse visa. Yes, even with the b1/b2, which will be cancelled once an immigrant visa is issued. You can visit each other while spouse visa processing, average 12 months, is underway, and he interviews in Mumbai. 

 

Reading this guide would be helpful  http://www.visajourney.com/content/i130guide1

Especially in this day and time the K1 and CR1 visas are pretty comparable timeline wise, so I would stick with the CR1 right now. 

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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
4 minutes ago, Cyberfx1024 said:

Especially in this day and time the K1 and CR1 visas are pretty comparable timeline wise, so I would stick with the CR1 right now. 

Yep, CR1 is faster and overall less costly to get to the green card

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Cyberfx1024 Grand Master

Cyberfx1024   7,980

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
13 minutes ago, WeGuyGal said:

Yep, CR1 is faster and overall less costly to get to the green card

+1 Exactly at this point in time. 

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