Crazy Cat

If you have filed an I-864 for her Adjustment of Status, NOW is the time to withdraw it....immediately before a Green Card is approved.

@nastra30 asked the most important question so far.

"N/A" is acceptable.

If you have ever submitted a DS-260, the answer is "yes".

USCIS could have worded that better. USCIS will not recognize a marriage as valid unless all prior marriages were formally terminated.

The USCIS early filing calculator says you did not file early.

Unless you were divorced from each other between the marriages, you won't be able to provide documentation of termination of all previous marriages prior to your current marriage........which is required. Without documentation that the first marriage was terminated, USCIS would not recognize the ceremony in PI as a marriage. M-477.pdf □ Proof of termination of all prior marriages of your spouse (divorce decree(s), annulment(s), or death certificate(s)); □ Proof that all earlier marriages ended (divorce decree(s), annulment(s), or death certificates(s)). I would not list the ceremony in PI as a marriage. I would consider it as a celebration or re-commitment...but not a marriage.

No. USCIS recognizes your civil wedding as your marriage. If you enter "2", USCIS is going to demand documentation terminating marriage #1.

90 days after entering via a K-1, he will be out of status. However, once he submits a proper I-485, he will be granted "authorized stay" in the US until the I-485 has been either approved or denied. It is strongly advised to submit Adjustment of Status paperwork within 90 days of entry. "Authorized Stay" is not a legal status, in itself, but it prevents the grantee from accruing unlawful presence. Some states allow driver's license, etc with proof of a pending I-485.

***Multiple I-134 question threads merged to organize information***

**Old thread locked for further comments***

***Moved to the Philippines regional forum***

The fastest route, at this stage, for him to start work inside the US, is to continue with the K-1. I would find a willing Joint Sponsor.

A Joint sponsor can be any US citizen or Legal Resident who resides in the US.

Yes. The I-864 is submitted prior to the case moving from NVC to the consulate.

K-3 visas are still on the books, but in reality, they are very, very rarely ever issued. Instead, the cases proceed as CR-1 cases.

Isn't that the whole ball of wax? Illegals shouldn't be in US at all.

Nice plan. I retired from the Military and immediately started my ADN RN program. My goal was to start work as an RN as soon as possible. I was also a non-traditional student . My plan worked well for me.

You are mixing up visas. As a K-1 entrant, he will complete a DS-160 after the I-129f (fiance visa) is approved. He would then file an I-485 package after you marry. At that time, he would also apply for a work authorization document (I-765). The DS-260 would be applicable only if you started completely over with a CR-1. For a CR-1, you and a qualified joint sponsor would submit I-864s at the NVC stage.

She could be included as a K-2..... If you marry now, she would be a separate I-130 case as an IR-2 (if she didn't age out). At this stage of your K-1, I would not change and restart everything with a CR-1.

Another reason to go the K-1 route No. He could visit, but not live or work in the US until the visa is approved.

No. That sounds like a K-3 which isn't issued anymore.

Normally, I would say that the CR-1 is superior. However, his K-1 interview is next week. You are much too far in the process to gain anything by changing to a spousal visa now, imo. He can be working in about 6 months after submitting his Adjustment of Status paperwork. He will likely have a Green card about a year later. If you marry now, it will be 18 to 24 months before they can immigrate. The average time from submitting an I-130 to spousal visa interview is 740 days as reported by other Visa Journey Members. Get a well-qualified joint sponsor for both the I-134 and the I-864. I would proceed with a K-1. Had you asked these questions a year ago, my answer would have been totally different. On a side note: Nursing is a great career with plenty of job opportunities and good pay. When do you finish school?

Your marriage certificate is a legal name change document. That can be used for SS card change. For Adjustment of Status paperwork, just start using her new, legal name. Book airline tickets in the passport name.

They have said that anyone out of status is in danger. After all, they are all in violation of US law.