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wangsit

What visa do I need? K-1 or I-130

By wangsit in Bringing Family Members of Permanent Residents to America

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JFH
JFH

Only US citizens can bring fiancés. Green card holders can only bring spouses. The category is F2A (not CR-1) and takes 2 years to process. You can visit during that time but you cannot live in the US

JFH
JFH

Nope. Only USC spouses. Spouses of LPRs are F2A. 

SusieQQQ
SusieQQQ

Many countries,  including New Zealand, license priests, rabbis, and other religious celebrants as licensed marriage officials and therefore a church etc wedding is automatically official. OP noted in

JFH Grand Master

JFH   12,190

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Filed: Citizen (apr) Country: United Kingdom
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If they are not legally married then there’s no visa for him. 

 

If they are legally married, he has one option - F2A. 

 

Simple.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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SusieQQQ Grand Master

SusieQQQ   11,586

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18 minutes ago, TNJ17 said:

They said at church. Not necessarily official.

Many countries,  including New Zealand, license priests, rabbis, and other religious celebrants as licensed marriage officials and therefore a church etc wedding is automatically official. OP noted in first post that they hold a NZ marriage certificate too.

Edited by SusieQQQ
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NikLR Grand Master

NikLR   13,227

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Filed: Lift. Cond. (apr) Country: Canada
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OP married is married. There is no national marriage registry in the USA. They will accept your NZ marriage certificate as proof of marriage.  

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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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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Sounds like it will be some time before the spouse can naturalise, so I go with F2A as well.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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wangsit Apprentice

wangsit   2

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Thank you for the reply.

 

We are legally marriage by New Zealand government.
However, our marriage will not be accepted by Indonesian government.

We will fill the form I-130.

Do I need to fill form I-130a?

 

I will read and search about F2A visa, by internet.

Do you have any recommended website/link that giving information, including time expectations?

What kind of supportive documents needed?

 

We have

+NZ marriage certificate
+Passport and birth certificate

+lots of photos of us.

+Chat and email records (thousands pages), I prefer not giving this one. too many.

+Our joint bank account

+Our joint rent agreement.

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SusieQQQ Grand Master

SusieQQQ   11,586

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Filed: Citizen (apr) Timeline
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5 minutes ago, wangsit said:

Thank you for the reply.

 

We are legally marriage by New Zealand government.
However, our marriage will not be accepted by Indonesian government.

We will fill the form I-130.

Do I need to fill form I-130a?

 

I will read and search about F2A visa, by internet.

Do you have any recommended website/link that giving information, including time expectations?

What kind of supportive documents needed?

 

We have

+NZ marriage certificate
+Passport and birth certificate

+lots of photos of us.

+Chat and email records (thousands pages), I prefer not giving this one. too many.

+Our joint bank account

+Our joint rent agreement.

Just to emphasize: Indonesia doesn’t matter. For US immigration, the requirement is that the marriage is legal in the country/place it was performed. Many same-sex marriages have similar circumstances to yours but all the US cares about is that it was valid where performed.

 

 

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JFH Grand Master

JFH   12,190

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Filed: Citizen (apr) Country: United Kingdom
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29 minutes ago, wangsit said:

Thank you for the reply.

 

We are legally marriage by New Zealand government.
However, our marriage will not be accepted by Indonesian government.

We will fill the form I-130.

Do I need to fill form I-130a?

 

I will read and search about F2A visa, by internet.

Do you have any recommended website/link that giving information, including time expectations?

What kind of supportive documents needed?

 

We have

+NZ marriage certificate
+Passport and birth certificate

+lots of photos of us.

+Chat and email records (thousands pages), I prefer not giving this one. too many.

+Our joint bank account

+Our joint rent agreement.

Did you even look at the link given 4 posts above yours? It lists everything you need. At this stage, you do nothing. All the work at this stage is done by the LPR. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Chris&Ale Explorer

Chris&Ale   153

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Filed: K-1 Visa Country: Cuba
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23 minutes ago, wangsit said:

Yes,

 

thank a lot for the help.

Good luck to both of you! Try to read information available in the guides here at VJ website.  You can also search on YouTube for helpful videos made by people in similar circumstances. 

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EM_Vandaveer Experienced

EM_Vandaveer   2,408

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Filed: Citizen (apr) Country: Hungary
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16 hours ago, Mary&Rafa said:

 

 

Wait, I thought permanent residents can also apply for CR-1...

No, they can file an I-130, but their visa category is not CR1, but F2A

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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flash9153 Contributor

flash9153   28

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Filed: Lift. Cond. (pnd) Country:
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OP - how far along is your husband's N400 naturalization application? If he is close to being done, then he is better off waiting until the process is complete. Because filing the I-130 as a USC is slightly quicker than filing as a green card holder. 

5/1/2014: I-130 Sent (Nebraska Service Center)

5/23/2015: US Entry :jest:

3/1/2017: Filed i-751 (California Service Center,  transferred to National Benefits Center on 3/13/2018)

2/23/2018: Filed N-400 online at Chicago, IL
10/03/2018: i751-N400  combo interview successful

11/05/2018: Completed Oath Ceremony, Certificate of Naturalization in hand! :jest:

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bakphx1 Proficient

bakphx1   789

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Filed: IR-1/CR-1 Visa Country: Honduras
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18 hours ago, TNJ17 said:

They said at church. Not necessarily official.

Not confusing at all.  Read the rest of the question:

 

The documents we have to support our visa are:

+NZ marriage certificate. (Indonesian government will not accept that I am marriage to same sex, so they will insist I am single)

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