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ram1009

Should I file an I-130?

By ram1009 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Mike E Grand Master

Mike E   11,734

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Filed: Citizen (apr) Country: Myanmar
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In before the lock.  YES!!!!
 

I would tell you that it is neither necessary not helpful to file an I-130, and further point out that thousands of K-1 couples who married before the K-1 authorized stay expired got green cards without the I-130. 
 

But you would tell me that large body of statistical evidence is not sufficient proof that an I-130 is not needed.  
 

Thus I think to assuage your worries you should file an I-130.  
 

And btw, I thoroughly enjoy your posts.  Keep them coming please.  

Edited by Mike E
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Boiler Grand Master

Boiler   45,054

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Filed: K-1 Visa Country: Wales
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VJ is a DIY site and most cases do not need a Lawyer, however some people obviously are not well equipped for whatever reason to DIY and having now seen one prior thread, maybe there are more, this seems a classic case for Professional Legal help. And I am sure the Lawyer will earn ever dollar.

“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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Letspaintcookies Experienced

Letspaintcookies   2,302

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Bless your heart. You already filed for adjustment of status the way it has to be done after entering on a K1 and got married. You're good now. No need to file anything else. Just wait it out now like everybody else who went that route. 

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ram1009 Collaborator

ram1009   42

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Filed: K-1 Visa Country: Philippines
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3 hours ago, JFH said:

No you don’t. I married in the USA and filed a CR-1. You don’t have to marry overseas to file for a spousal visa. But the point is moot now. Too bad you didn’t check that information before spending all that money on a K-1 and now on AOS. 

I'm aware of the rules.  My fiancee was denied a B1 visa and I could not travel to the Philippines to marry.  We took our only option.

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Boiler Grand Master

Boiler   45,054

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Filed: K-1 Visa Country: Wales
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B1 is for Business not an obvious choice for Marriage.

“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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JFH Grand Master

JFH   12,189

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Filed: Citizen (apr) Country: United Kingdom
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39 minutes ago, ram1009 said:

I'm aware of the rules.  My fiancee was denied a B1 visa and I could not travel to the Philippines to marry.  We took our only option.

I was replying on general terms for the benefit of  readers new to the process. Your post implied that the only way to be able to file a CR-1 is to marry overseas.  The fact that you can’t travel or your fiancé could not not visit does not mean others cannot. 

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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Boiler Grand Master

Boiler   45,054

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Filed: K-1 Visa Country: Wales
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Or meet marry somewhere else.

“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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ram1009 Collaborator

ram1009   42

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Filed: K-1 Visa Country: Philippines
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2 hours ago, Boiler said:

Or meet marry somewhere else.

We did meet in Mexico but I was worried USCIS might not sanction a Mexican Marriage.  It just wasn't worth the risk.

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Crazy Cat Grand Master

Crazy Cat   41,425

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Just now, ram1009 said:

We did meet in Mexico but I was worried USCIS might not sanction a Mexican Marriage. 

Why would you think that??????

"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.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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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ram1009 Collaborator

ram1009   42

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Filed: K-1 Visa Country: Philippines
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1 minute ago, missileman said:

Why would you think that??????

Because neither I nor my fiancee knew anything about Mexican law but I had every confidence that USCIS would try to disallow it.  I was out of my comfort zone.

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Unlockable Mentor

Unlockable   7,314

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1 hour ago, ram1009 said:

Because neither I nor my fiancee knew anything about Mexican law but I had every confidence that USCIS would try to disallow it.  I was out of my comfort zone.

USCIS can't prevent you from getting married anywhere.

 

Nothing to worry about. Married is married anywhere in the world. The spousal visa was developed specifically because people get married in other countries.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Just Paul Veteran

Just Paul   4,595

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Filed: Citizen (apr) Country: Philippines
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1 hour ago, ram1009 said:

Because neither I nor my fiancee knew anything about Mexican law but I had every confidence that USCIS would try to disallow it.  I was out of my comfort zone.

Even Americans marry (each other) in Mexico.  It's a destination wedding.   In my little beachfront town in Mexico, March, April and May are the American wedding season.

 

USCIS doesn't care where or how you were married.  Church wedding, court marriage, married in a cave, married on a boat, as long as the document meets the reciprocity guide issued by the department of state.

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Ontarkie Grand Master

Ontarkie   14,174

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Filed: Citizen (apr) Country: Canada
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~~Hijack post removed. If you have a question for your own case please start your own thread.~~

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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BirdSong Apprentice

BirdSong   39

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Filed: K-1 Visa Country: United Kingdom
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I got a rejection letter saying our i-485 (my husband came over on the k-1) cannot be processed because a priority date couldn't be established.  I was wondering as well if I needed to fill out the i-130. 

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Boiler Grand Master

Boiler   45,054

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7 hours ago, BirdSong said:

I got a rejection letter saying our i-485 (my husband came over on the k-1) cannot be processed because a priority date couldn't be established.  I was wondering as well if I needed to fill out the i-130. 

Seems to be 2 possible reasons, you did not complete the form correctly or they made a mistake, I would check what you sent them.

“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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