Switching to CR1 / alternatives to pending K1 Visa?

[Timona 4,207]

1 hour ago, Crazy Cat said:

Be aware that a Utah zoom wedding will not be recognized by USCIS until both parties have been in the physical presence of each other (consummated) either during or after the wedding ceremony.  An I-130 cannot be filed until after the marriage has been consummated.  

 

4 minutes ago, Pandora Gadomski said:

We married a few months after we physically met in London. He came to US on ESTA visa waiver (tourist visa) We were going to go back to UK after 3 months; originally. After 2 months we decided to adjust his status instead of going back to UK.  I filed the I-130 from U.S. after we were both present in the country. We did need to be physically together after the wedding for him to enter U.S. the i130 was filed afterwards. I hope that answers your questions. If not, lmk 🙂

 

No you didn't need to be physically together. He was coming in on ESTA. Bolded on your reply is for those who are coming in on IR1 visas...the USC needs to enter with the beneficiary at the same time or should already be in the US prior to beneficiary arriving. He could have entered in ESTA/ VWP/ B-2 fine, without your presence. 

 

So, you now answered @Crazy Cat about when the I-130 was filed. It was properly filed. 

 

Queation: Were you in US when you did Utah marriage? I'm trying to understand why you did Utah if both were in London 

[Pandora Gadomski 22]

3 minutes ago, Timona said:

 

 

No you didn't need to be physically together. He was coming in on ESTA. Bolded on your reply is for those who are coming in on IR1 visas...the USC needs to enter with the beneficiary at the same time or should already be in the US prior to beneficiary arriving. He could have entered in ESTA/ VWP/ B-2 fine, without your presence. 

 

So, you now answered @Crazy Cat about when the I-130 was filed. It was properly filed. 

 

Queation: Were you in US when you did Utah marriage? I'm trying to understand why you did Utah if both were in London 

At the time, he was not able to enter the U.S. without us being married. I wanted to marry where it would be recognized by the U.S. marrying in a foreign country required special forms and permissions by U.S. government. Having a U.S. marriage was better for us. Upon entry, CBP did advise us that he would not have been able to enter without me being physically present, regardless of marriage. We entered U.S. on May 7, 2021. Maybe the requirements have changed since then but at the time, I needed to be present. I had to also go thru customs with him. We were advised not to split up. (US passport holders enter thru a different line than EU passport holders, I had to go thru customs with him)

[Ban Hammer 13,333]

one post removed for being not constructive.
save the snarky replies for somewhere else.

 

charles

vj moderation

[Timona 4,207]

35 minutes ago, Pandora Gadomski said:

At the time, he was not able to enter the U.S. without us being married. I wanted to marry where it would be recognized by the U.S. marrying in a foreign country required special forms and permissions by U.S. government. Having a U.S. marriage was better for us. Upon entry, CBP did advise us that he would not have been able to enter without me being physically present, regardless of marriage. We entered U.S. on May 7, 2021. Maybe the requirements have changed since then but at the time, I needed to be present. I had to also go thru customs with him. We were advised not to split up. (US passport holders enter thru a different line than EU passport holders, I had to go thru customs with him)

 

This is weird. Hopefully, more experienced members chime in. I'm surprised 

[SalishSea 17,818]

1 hour ago, Pandora Gadomski said:

At the time, he was not able to enter the U.S. without us being married. I wanted to marry where it would be recognized by the U.S. marrying in a foreign country required special forms and permissions by U.S. government. Having a U.S. marriage was better for us. Upon entry, CBP did advise us that he would not have been able to enter without me being physically present, regardless of marriage. We entered U.S. on May 7, 2021. Maybe the requirements have changed since then but at the time, I needed to be present. I had to also go thru customs with him. We were advised not to split up. (US passport holders enter thru a different line than EU passport holders, I had to go thru customs with him)

Your situation is not pertinent to this discussion.   Your spouse did not enter the US on a spousal visa.

[millefleur 5,046]

**Several posts removed for derailment. Please stay on topic to what the OP is asking about and do not derail threads.**

 

VJ Moderation

[slumdog-oregon 0]

Actually if you already have an approved I129F then if you file a I 130 then they will process it as a K 3. Your wife would be able to stay in the States while the I 130 is being approved. I have done this, but I am still waiting on an expedite request.

[Crazy Cat 41,836]

1 hour ago, slumdog-oregon said:

Actually if you already have an approved I129F then if you file a I 130 then they will process it as a K 3. Your wife would be able to stay in the States while the I 130 is being approved. I have done this, but I am still waiting on an expedite request.

Nope.  That is not true. 

1.  The OP filed a K-1 petition (item 4a,), not an K-3 petition I-129f (item 4b).  

2.   If the OP marries, the  currently filed I-129f (finace petition) would be immediately voided.  It was filed BEFORE marriage, and it was marked as a fiance petition.

3..  Even if the OP married, then filed an I-129f marked as a K-3, the K-3 I-129f would almost certainly be closed administratively and continued as a CR-1 case.

 

 

Edited April 25, 2022 by Crazy Cat

[Crazy Cat 41,836]

32 minutes ago, slumdog-oregon said:

Actually if you already have an approved I129F then if you file a I 130 then they will process it as a K 3. Your wife would be able to stay in the States while the I 130 is being approved. I have done this, but I am still waiting on an expedite request.

I'm not sure where you got that advice, but it is not accurate as stated. 

Edited April 25, 2022 by Crazy Cat

[Redro 4,611]

24 minutes ago, slumdog-oregon said:

Actually if you already have an approved I129F then if you file a I 130 then they will process it as a K 3. Your wife would be able to stay in the States while the I 130 is being approved. I have done this, but I am still waiting on an expedite request.

It would be great if you wrote out your timeline. 

When did you file the I-129F for the K1? When did you get married? 

As you have asked for expedite what were your reasons? 

Did you file another I-129F after the I-130 was submitted... 

 

[slumdog-oregon 0]

38 minutes ago, ROK2USA said:

It would be great if you wrote out your timeline. 

When did you file the I-129F for the K1? When did you get married? 

As you have asked for expedite what were your reasons? 

Did you file another I-129F after the I-130 was submitted... 

 

Hey Slumdog. I am also OR. I filed my I 129F in Aug 2019. It was in the Manila embassy ready to go in March 2020. Covid hit and things froze. We never even got an interview letter. it stayed in Manila till we got married in May of 2021. We then filed an I 130. According to USCIS if the I 129F is approved before the I 130 it is treated as a K 3. The only difference is that the K 3 wife can come to the States while it is being processed. However I have been waiting for approval of an expedite request. But my I 130  processing was started in Sept 2021.

[Crazy Cat 41,836]

11 minutes ago, slumdog-oregon said:

According to USCIS if the I 129F is approved before the I 130 it is treated as a K 3.

Can you point me to a reference for that?   

Edited April 25, 2022 by Crazy Cat

[Crazy Cat 41,836]

https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

[Crazy Cat 41,836]

25 minutes ago, slumdog-oregon said:

Hey Slumdog. I am also OR. I filed my I 129F in Aug 2019. It was in the Manila embassy ready to go in March 2020. Covid hit and things froze. We never even got an interview letter. it stayed in Manila till we got married in May of 2021. We then filed an I 130. According to USCIS if the I 129F is approved before the I 130 it is treated as a K 3. The only difference is that the K 3 wife can come to the States while it is being processed. However I have been waiting for approval of an expedite request. But my I 130  processing was started in Sept 2021.

I think the I-129f you filed is no longer valid since you married and submitted the I-130 later.  In addition, you were not married when you filed the I-129f.

Edited April 25, 2022 by Crazy Cat

[Redro 4,611]

3 minutes ago, Crazy Cat said:

Can you point me to a reference for that?   

I'm thinking this is something Tier 1 is telling people on the phone lately... 

Another member has stated something similar in the K3 forums...