Crazy Cat

That isn't what I asked.....which box would you select on the I-131 in Part 1? I've never heard of it being used like you describe.

I don't think it can be used as you describe. Please tell me which category on the form, Part 1 (application type), fits the situation of a person who entered via a K-1. Your receipt for a proper I-485 already grants the applicant authorized stay in the US until the I-485 is adjudicated. Yes, you are out of status after 90 days (via a K-1), but not accruing unlawful presence.

What does this mean? An I-131 is a travel document form. It doesn't extend legal status. I think the husband is the US citizen.

Good point. I agree 100%.

You can't park an I-130 until it gets to NVC. At that point, you can just take no action other than contacting NVC at least once a year to keep the case open. However, that does not solve your issue since it shows strong immigrant intent. Imo, your only possible cure in order to get her a B2 is to withdraw the I-130, and hope a Consulate Officer can be convinced that she, no longer, has immigrant intent. Be aware that all B2 applicants are automatically assumed to have intent to immigrate to the US. They are assumed to have the intent to stay and adjust status inside the US once entering via a B2. Having a US citizen spouse and child are strong ties to the US.

Every couple has their own priorities, and each couple must decide which visa is better for their situation. K-1 More expensive than CR-1 Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork) Spouse can not leave the US until she/he receives approved Advance Parole (up to 9 months) Spouse can not work until she/he receives EAD (up to 9 months) Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period Spouse will not receive Green Card for many months after Adjustment of Status is filed. A K-1 might be a better choice when 18-21 year old children are immigrating also In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice A denied K-1 is sent back to USCIS to expire K-1 entrant cannot file for citizenship until after having Green Card for 3 years. Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises. If US spouse declines to participate in Adjustment of Status, the foreign spouse will have a very difficult avenue to legally remain in the US. Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US. CR-1/IR-1 Less expensive than K-1 No Adjustment of Status(I-485, I-131, I-765) required. Spouse can immediately travel outside the US Spouse is authorized to work immediately upon arrival. Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport. Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. The clock for citizenship filing starts immediately upon entry to the US. A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.

One option, if you can, is to pay the full online fee and file online.

****One question and replies have been split to new topin in the US Citizenship forum****

***Question and replies split from existing thread***

I think it applies to all new residents.

Congratulations. You might get to take the oath in Plano. When my wife took the oath, there were 1,000 new citizens in the ceremony.

I had Roux-en-Y bariatric surgery in 2003.

Good luck. Just remember that even an expedited case is not fast...It's just faster than some others.

Not only will USCIS have to expedite the process, but also you'll have to get an expedite from NVC and the consulate.

As I said ....you have a year. If you want longer, just contact them once a year to keep the case open.

Got it. At this point, I would be prepared to take the new test.

There are even more expenses involved after the NVC fees.....medical exam, vaccines, travel.....and the immigrant fee which will be paid to USCIS after the interview.

Why would you mail the application? You should file online TODAY...

You have a year. For NVC, documents must be in English OR the language of the country in which you are interviewing.

You have to have a DOS case number from NVC.

There are no actions until the petition is either approved, denied, or halted for an RFE. Just a lot of waiting.

Visa Journey reported average for I-130s at the Vermont Service center is 422 days. You could be looking at early next year before the I-130 is approved.

You could.....place a temp freeze on it.

Most likely, a good choice. She can just indicate she wants a name change on her N-400. Good luck on the rest of the journey.

I would cancel payment on the second, en-route package immediately. They will reject it, and then you will have only 1 package in the system.