Crazy Cat

**Topics merged***

Are you suggesting he lie to CBP about his real intent? That would not go well, and it is strictly against the terms of service here to condone or advocate that.

***Moved from Adjustment of Status to What Visa Do I Need as OP comment appears to indicate fiance is outside 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 (approx 3-6 months) Spouse can not work until she/he receives EAD (approx 3-6 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. 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.

That sounds like he is outside the US right now. A person cannot enter the US via a B2 with the intent to stay and adjust status. Attempting to do so is visa fraud.

Since Administrative Processing cannot be expedited, a WOM or continuing to wait are your only real choices. It is feasible.

Never trust those words from anyone.

***I moved this to the Philippines regional forum for the PI experts to see and answer***

Personally, I would consider waiting until after your spouse becomes a US citizen to change the name. Changing a name in the middle of the immigration process can cause errors or confusion at USCIS. My wife has not changed her name. It has not created any issues in the US or in her home country. By waiting to change legal name allows everything during the immigration process (passport, visa, police certificates, etc) to reflect unmarried name consistently. Just an idea to consider.

RED ALERT!!!!! Red flags all over this case.......Caution is advised!!!! Sounds like he might be visa shopping for any visa which will allow him to set foot in the US.

***Moved to the regional forum as English is required in upper forums***

**Moved to Work Visas***

No.

No. Once her I-94 has expired, she will be out of status and subject to deportation. Only after submitting a proper I-485 will she be granted "authorized stay" until the I-485 is either approved or denied.

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

No. She can adjust status only as the immediate relative of a US citizen...you. She cannot adjust status through your father. That means you must be the primary sponsor. You must submit an I-130. You must submit an I-864 at the appropriate time. Your father can serve as a joint sponsor, if needed and if qualified. However, both the primary sponsor and joint sponsor are equally obligated under I-864 contracts. Note: If she tried to adjust status through your father, a perm resident, her I-485 would be denied as her I-130 priority date would not be current.

***Moved to Adjustment of Status from Work, Student, and Tourist Visas*** Yes, I would use that as one piece of evidence.

I have found nothing which indicates a US citizen must renounce citizenship to become a citizen of Canada. Canada allows dual citizenship....as does the US. I am a citizen of another country. Will I lose that citizenship if I become a Canadian? "Under Canadian law, you can be both a Canadian citizen and a citizen of another country."

I like both, too. Starbucks blonde......sweetened Good quality black tea (no ice)....sweetened

I just reread this thread. I don't see anyone attacking you. I do, however, see very experienced members offering accurate information in an attempt to help you and to correct the misinformation you received outside this community. You might be surprised at how much misinfo we see from attorneys and others. Consulates routinely refuse visas when they cannot be issued the same day as the interview. After the interview ALL visas go through some administrative processing to ensure any actions were proper. It is very possible the Officer will review your case during this admin processing, and inform you that a waiver is required. Your overstay would have been forgiven for an Adjustment of Status, but it will not be forgiven for a visa (as explained by @Family). We are all hoping your visa is issued as soon as is possible. Good luck, and please keep us updated.

***A non-contributory comment by the OP and some replies removed. Remember, members are trying to help*****There is no need for inflammatory language. OP alerted***

***Duplicate topics merged. Please don't start a new thread regarding this topic***

***Similar topics merged***

Being in the Dallas area is irrelevant. K-1 approval times have nothing to do with geographical area in the US. As reported by other VJ members, the average K-1 is taking about 350 days, while a CR-1 is taking, on average per VJ members about 595 days. As you are living together, I assume you have considered both the Fiance visa and the spousal visa. There is also the possibility of a direct filing with the consulate (DCF) for married couples with exceptional circumstances. 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 (approx 3-6 months) Spouse can not work until she/he receives EAD (approx 3-6 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. 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.

Requesting is free. Just don't count on an approval.

He qualifies for health care through the marketplace: OregonHealthCare.gov : Health coverage for immigrants : Blog : State of Oregon