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B&DT

Which way to go ? k3 or c1

By B&DT in IR-1 / CR-1 Spouse Visa Process & Procedures

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B&DT Apprentice

B&DT   5

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Filed: IR-1/CR-1 Visa Country: Denmark
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Our initial thoughts was to apply for cr1 visa  but the waiting times approx. 18 months with travel back and forth every 3 months is almost unbearable for both of us. 

I visit on an Esta ... so what are our options ? 

Can i go and we put in a i-130 and then do an AOS when we get case no. ? 

we have read everything a 1000 times that i think me might have confused ourselves.

Thank you 

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Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
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16 minutes ago, B&DT said:

Can i go and we put in a i-130 and then do an AOS when we get case no. ? 

 

Traveling to the US on ESTA with pre-conceived intent to stay and adjust status is fraud.  Don't do it.

 

If you are already married, CR1/IR1 is the only legal path for you.  K3 is effectively obsolete, but some file the I-129F petition for it anyway, hoping to bump up the timeframe for their I-130 petition (no guarantee this works).

 

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pushbrk Grand Master

pushbrk   12,868

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18 minutes ago, B&DT said:

Our initial thoughts was to apply for cr1 visa  but the waiting times approx. 18 months with travel back and forth every 3 months is almost unbearable for both of us. 

I visit on an Esta ... so what are our options ? 

Can i go and we put in a i-130 and then do an AOS when we get case no. ? 

we have read everything a 1000 times that i think me might have confused ourselves.

Thank you 

First, you mention K3.  That option seems to be available but hasn't been for a dozen years.

 

Sure, you can come get married and file the I-130.  You must leave the USA within 90 days and wait out the visa process.  To enter on a ESTA or a tourist visa, with the intent to marry and adjust status, is considered visa fraud.  To marry, then leave, is not.

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Daphne . Proficient

Daphne .   1,852

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CR1 all the way! You can get married during your visit, leave the US and go the CR1 route. 

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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B&DT Apprentice

B&DT   5

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Filed: IR-1/CR-1 Visa Country: Denmark
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We are allready married and i have been in and out on my esta 2 times after. From what can read its not illegal to seek AOS while there (i will have a return ticket) because its not filed directly after marriage. But i am confused about it ... because i also read the oppisite like you wrote.  I will try and see if i can find it again and post.

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Daphne . Proficient

Daphne .   1,852

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2 minutes ago, B&DT said:

We are allready married and i have been in and out on my esta 2 times after. From what can read its not illegal to seek AOS while there (i will have a return ticket) because its not filed directly after marriage. But i am confused about it ... because i also read the oppisite like you wrote.  I will try and see if i can find it again and post.

Are you in the US now? If you are not in the US now, AOS does not apply to you. 

Edited by Daphne .

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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Chancy Grand Master

Chancy   6,241

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1 minute ago, B&DT said:

From what can read its not illegal to seek AOS while there (i will have a return ticket) because its not filed directly after marriage.

 

You are not in the US, so it is illegal for you.  No one here will condone lying to CBP about your planned return.

 

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B&DT Apprentice

B&DT   5

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7 minutes ago, Chancy said:

 

You are not in the US, so it is illegal for you.  No one here will condone lying to CBP about your planned return.

 

Im not asking about anybody to condone lying nor would i lie anywhere. 

Rude unecessary answer. Im trying to figure out how to do things best !

Edited by B&DT
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Daphne . Proficient

Daphne .   1,852

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3 minutes ago, B&DT said:

Im not asking about snybody to condone lying nor would i lie anywhere. 

Rude unecessary answer. Im trying to figure out how to do things best !

Best thing to do (and only option for you) is start the CR1. No other options unless you want to look into employment based visas, but they might take just as long and are more difficult to obtain.

Edited by Daphne .

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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B&DT Apprentice

B&DT   5

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4 minutes ago, Daphne . said:

Best thing to do (and only option for you) is start the CR1. No other options unless you want to look into employment based visas, but they might take just as long and are more difficult to obtain.

That sounds right and was our intention to do so, think i got confused by reading to much.

Thank you for answering 

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Daphne . Proficient

Daphne .   1,852

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1 minute ago, B&DT said:

That sounds right and was our intention to do so, think i got confused by reading to much.

Thank you for answering 

Good luck! I know it’s tough, we all here know it’s tough, but you’ll have great resources here for questions or support. 

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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TBoneTX Grand Master

TBoneTX   45,244

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The OP has been given appropriate answers, so this thread is now closed.  Please do not restart this topic.

 

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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