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Igor Guanaes

K1 Visa and waiver

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

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Igor Guanaes Newbie

Igor Guanaes   0

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Guys I’ve been in the US for 6 years. I was student first and then I applied for the OPT. I’m now trying to go back to Brazil and apply for the K1 visa with my fiancé(American) who we have been totgether for 2 years. Do you guys have any suggestions? We are just now looking into.My OPT expired 3 weeks ago. It can be a problem? There is a waiver for that case?

 

Thank you guys!

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Alabamak1 Proficient

Alabamak1   688

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted
2 minutes ago, Igor Guanaes said:

Guys I’ve been in the US for 6 years. I was student first and then I applied for the OPT. I’m now trying to go back to Brazil and apply for the K1 visa with my fiancé(American) who we have been totgether for 2 years. Do you guys have any suggestions? We are just now looking into.My OPT expired 3 weeks ago. It can be a problem? There is a waiver for that case?

 

Thank you guys!

Are you in legal status as of now? I would suggest that if you are not, just go ahead and leave and then apply for I-129F, since they do ask if the beneficiary is currently in the US. if you where out of status, this will not affect you, because the petition is for an immediate relative of a USC. 

 

good luck

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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mushroomspore Proficient

mushroomspore   3,044

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

There is no such waiver. You need to go back to your home country before your 60-day grace period is up. The whole point of a K1 visa is that you use it to ENTER the US with the intention of marrying your American fiance(e) within 90 days and then filing adjustment of status (green card) papers. You cannot use a visa to enter the US if you are already in the US.

 

Alternatively if you got married right now, you can stay, forego K1 and simply file AoS ASAP. However, the paperwork takes a while to put together. If you do not file before your 60-day grace period is up, you will be out of status and it's not a good idea to be out of status with the current atmosphere, even for spouses of US citizens.

Edited by mushroomspore
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