Crazy Cat

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.

It is a violation of the law to enter the US illegally or to remain in the US illegally.

The only reference I have found says that part of an improvement plan, USCIS "should" make a determination within 180 days. I'm not certain USCIS is bound to a hard deadline.

G-325A has not been needed for at least 8 years. You are using very out-of-date information.

True. I think they will, if not already doing so, seek out anyone out of status. Priorities are much different now.

9 months? I would file for Adjustment of Status today!!!!! He is out of status and he is subject to deportation right now. There are never any benefits in waiting to file an I-485. Borrow the money....My advice is to get that I-485 filed asap. Life is full of choices...and consequences. Note: An I-130 is not needed since you married within 90 days of arrival via a K-1.

I would assume they are not linked for interview dates.

Pull the I-130 immediately.....immediately. You have nothing to gain by waiting, imo.

OK. Good luck. I hope you can find happiness for yourself.

He has several more years to wait for a visa number to become available. Additionally, Adjustment of Status is not available to him. F1 category applicants with priority date of 22 November 2015 are just now becoming current.

I see now that I can offer no help in your situation. You continue to let her chip away at your common sense. You should have had her served yesterday. You are being manipulated. I wish you well, but I can offer no more help.

Immediately contact NVC and the consulate to request they be interviewed together.

I didn't redact anything. Walmart purchases would show sharing finances for normal household expenses.

One of them has a transposed date. Which one is it? That is why I worded my answer like I did.

If she did an Adjustment of Status, she became a LPR on the date her Adjustment of Status was approved. If she entered the US via spousal visa, she became an LPR on the day she entered the US. Normally, it would be the date listed on the 2 year Green card.

There is no need to wait. In fact, waiting until you are out of status would be a big mistake. However, consider the following: Your I-130 is probably on the verge of being approved. Then, it will, likely, be only a few months until your interview (depending on home country). You would then enter the US as a Green card holder. If you change to Adjustment of Status now, you cannot leave the US or work for 3-6 months. In addition, you won't become a Green Card holder for at least a year after that.

**Topic moved to Adjustment of Status from Work, Student, and Tourist Visas***

***Duplicate topics merged. Do not repost***

Yes, you're right. Emergency I-131 travel is worth a shot. Thanks for reminding me.

If you have actually been out of status for more than 6 months you will incur a 3-year ban upon leaving the US right now....assuming you do not have an approved advance parole document. If you leave after being out of status for a year, the ban jumps to 10 years. If you leave now, then file for a spousal visa, your interview would be in a couple years +- a few months. At the interview, the CO could tell you a waiver is available...adding another year to the process. You could file a proper I-485 and I-131 now. You could have an approved Advance Parole documents within 6 months.

Here is a good article (although a few years old) which explains that entering the US as a visitor with intent to stay is fraud: Can I enter on a visitor’s visa (B-2) and then adjust status to permanent resident? – Sound Immigration