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Filed: Timeline
Posted

Hi

I am usa citizen and engaged to indian fiance ,who will be studying in uk this sept. I have following questions:-

1) If I file for K1 then can he visit usa on exchange visa b4 k1 is processed? or will that interfare in his exhange std visa?

2) When K1 approves and we get married (as soon as he reaches usa),then can he leave usa (before 90 days) to have traditional marriage in india? or does he have to stay in usa for 3 months too? Do we apply for AP along with AOS in order to come back ?

3) Can you also explain the process of getting work permit..will he be able to work on K1 and then when we change status then how early work permit will be processed?

4) how long will it take for greencard processing?

5) Since he will be studying in uk can he appear in uk embassy for interview ? as he would have fulfilled 6months residency (unless its 1 yrs).

Pls advice

Thanks in advance

Filed: Country: Canada
Timeline
Posted
Hi

I am usa citizen and engaged to indian fiance ,who will be studying in uk this sept. I have following questions:-

1) If I file for K1 then can he visit usa on exchange visa b4 k1 is processed? or will that interfare in his exhange std visa?

2) When K1 approves and we get married (as soon as he reaches usa),then can he leave usa (before 90 days) to have traditional marriage in india? or does he have to stay in usa for 3 months too? Do we apply for AP along with AOS in order to come back ?

3) Can you also explain the process of getting work permit..will he be able to work on K1 and then when we change status then how early work permit will be processed?

4) how long will it take for greencard processing?

5) Since he will be studying in uk can he appear in uk embassy for interview ? as he would have fulfilled 6months residency (unless its 1 yrs).

Pls advice

Thanks in advance

1... I'm not sure on this one.

2...Once he arrives in the US on the K1 you have 90 days to marry. However, he CANNOT leave the US without having filed for and have an approved AP in his hand. You cannot get AP without first filing AOS. Those cannot be filed until after the marriage.

3...EAD is filed concurrently with AOS after the marriage. It typically takes 90 days for the EAD to be approved.

4...Can't tell you how long...some take a few months, some take a couple years.

5...As far as I know he has to appear at the embassy in his home country. However, if that's wrong I know someone will come along and correct me.

Best wishes!

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

Posted

1) If I file for K1 then can he visit usa on exchange visa b4 k1 is processed? or will that interfare in his exhange std visa?

Not sure...

2) When K1 approves and we get married (as soon as he reaches usa),then can he leave usa (before 90 days) to have traditional marriage in india? or does he have to stay in usa for 3 months too? Do we apply for AP along with AOS in order to come back ?

If he leaves before getting approval for Advanced Parole (AP), he will NOT be readmitted into the United States. Once he uses his K1 visa (which is a one-time only entry), he has to stay here until you adjust his status (since he will be adjusting status under the new fee system [after July 30th], the AOS package will include the Employment Authorization Document (EAD) and AP). AP takes up to 90 days to receive, so if you want to go to India shortly after marrying, you should get your marriage certificate and file for Adjustment of Status (AOS) immediately after he moves here. Expect to pay $1100.

3) Can you also explain the process of getting work permit..will he be able to work on K1 and then when we change status then how early work permit will be processed?

As a K1 visa holder, he is authorized to obtain a work permit. His K1 visa alone is not work permission. He can enter through only one Point of Entry (POE) to get a temporary work authorization: JFK. At this POE he may need to ask for the stamp as they don't always give them away automatically. Otherwise, like AP, he will need to apply for EAD as part of the new AOS package. EAD takes 80-90 days...usually closer to 90, so he will most likely be ineligible to work for a while (in between the K1/EAD stamp expiring and issuance of a new EAD).

4) how long will it take for greencard processing?

Varies wildly. Look at the timelines for an idea. http://www.visajourney.com/timeline/aosstats.php It could be a few months if you're lucky. It could be a couple years if he's stuck in name checks.

5) Since he will be studying in uk can he appear in uk embassy for interview ? as he would have fulfilled 6months residency (unless its 1 yrs).

again...no idea. Sorry!

I-129F

10/23/2006 - I-129F approved (97 days from CSC)

AOS

03/03/2007 - Married!

03/14/2007 - I-485 + I-765 sent

03/21/2007 - NOA1, Checks cashed

06/01/2007 - EAD card production e-mail received (74 days)

07/27/2007 - EAD RECEIVED (57 days after approval)

11/29/2007 - Infopass appointment - file was sent to a storage facility before it was finished processing.

05/28/2008 - Received AOS Interview notice

07/10/2008 - AOS Interview-APPROVED pending fingerprints

09/22/2008 - GREEN CARD IN HAND!

Removing Conditions

06/04/2010 - Sent I-751

06/07/2010 - NOA1

06/09/2010 - Check cashed

07/22/2010 - Biometrics Appointment

09/08/2010 - Card production e-mail

Filed: Timeline
Posted

rsda,

Answers are already provided in the VJ Guides and Visa FAQ.

Yodrak

Hi

I am usa citizen and engaged to indian fiance ,who will be studying in uk this sept. I have following questions:-

1) If I file for K1 then can he visit usa on exchange visa b4 k1 is processed? or will that interfare in his exhange std visa?

2) When K1 approves and we get married (as soon as he reaches usa),then can he leave usa (before 90 days) to have traditional marriage in india? or does he have to stay in usa for 3 months too? Do we apply for AP along with AOS in order to come back ?

3) Can you also explain the process of getting work permit..will he be able to work on K1 and then when we change status then how early work permit will be processed?

4) how long will it take for greencard processing?

5) Since he will be studying in uk can he appear in uk embassy for interview ? as he would have fulfilled 6months residency (unless its 1 yrs).

Pls advice

Thanks in advance

 
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