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Getting married in USA, and applying for visa Question

#1 poketiffy

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Posted 15 July 2012 - 02:39 AM

So me and my fiance are planning to get married soon in the USA!

My question is, can we get married in the US, most likely 50~70 days into the trip, and can he stay for the remaining 40~30 days he has left? (The country he is from is under the Visa Waiver Program)

And.. If we get married in the USA, can I file for K-3 visa or does he have to leave the country first? I'm concerned about raising any red flags.

Thanks! Sorry in advance if its in the wrong category.
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#2 Kazulie

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Posted 15 July 2012 - 03:06 AM

Yes, you can get married here.
Yes, he can stay the remaining days.

Forget about the K-3. It doesn't exist anymore. After you get married you would be applying for a CR-1. You could file that the day after you get married if you wanted.
  • 0

HUSBAND'S CASE
9/17/2011 - sent I-130
9/19/2011 - noa1 received
3/16/2012 - case sent to my local USCIS office for additional processing
4/21/2012 - AP. If we haven't heard from them in SIX MONTHS (omg) we can feel free to call them!!! Thanks!
9/20/2012 - Interview scheduled - October 3!!!!
10/3/2012 - Interview went well but she must look at his A-file more before decision.
10/12/2012 - I-130 APPROVED! APPROVED! APPROVED!

KIDS' CASES
04/20/2012: NOA1
07/20/2012: instead of an approval, we got thrown into AP. sigh
11/01/2012: Boys' I-130 interview set for November 28, 2012.
11/28/2012: I-130s APPROVED! APPROVED! APPROVED!
NVC
12/14/2012: NVC Received
12/31/2012: Case number/IIN
12/31/2012: DS-3032 sent
01/08/2013: DS-3032 accepted
01/02/2013: AOS bill
01/03/2013: AOS bill shows PAID
01/04/2013: AOS package sent
01/09/2013: IV bill
01/10/2013: IV bill shows PAID
01/11/2013: IV package sent
01/23/2013: Case complete

02/01/2013: Interview scheduled
US Embassy Lagos
02/22/2013: Embassy received
03/01/2013: Medical
03/20/2013: Interview - was told the boys would have been approved on the spot if they had pics! Errrr :-(
04/15/2013: DNA test

05/15/2013: Emailed embassy BEGGING them to let boys drop off passports for visa insertion.  IT WORKED!!!

xx/xx/2013: Visa in hand
xx/xx/2013: POE Chicago?


5spxll0m6aa.png


#3 Penguin_ie

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Posted 15 July 2012 - 05:24 AM

**** Moving from K3 to CR-1 visa as the K3 is obsolete ****

You can get married in the USA whenever you want- on the first day if you like- and file as soon as you have the marriage cert. As long as he leaves after his 90 days, it's all good, and he can visit again during the process.
  • 1
Bye: Penguin
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Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

#4 NYCGirl18

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Posted 15 July 2012 - 06:44 PM

**** Moving from K3 to CR-1 visa as the K3 is obsolete ****

You can get married in the USA whenever you want- on the first day if you like- and file as soon as you have the marriage cert. As long as he leaves after his 90 days, it's all good, and he can visit again during the process.


Hi there, just a quick question about visiting during the process part ... the spouse visiting would have to say they were visiting their husband/wife while waiting for the CR-1 visa approval at POE, correct? Or would they just say they are there on vacation?
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#5 Penguin_ie

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Posted 15 July 2012 - 07:44 PM

You should never lie to immigration. Once you have NOA1, you an bring that with to show you intend to do things the legal way. Most people from Western Europe have no trouble visiting.
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Bye: Penguin
Posted Image
Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

#6 NYCGirl18

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Posted 15 July 2012 - 07:46 PM

You should never lie to immigration. Once you have NOA1, you an bring that with to show you intend to do things the legal way. Most people from Western Europe have no trouble visiting.


Amazing. =) Thank you for your quick response!
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#7 poketiffy

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Posted 15 July 2012 - 08:33 PM

Yes, you can get married here.
Yes, he can stay the remaining days.

Forget about the K-3. It doesn't exist anymore. After you get married you would be applying for a CR-1. You could file that the day after you get married if you wanted.



**** Moving from K3 to CR-1 visa as the K3 is obsolete ****

You can get married in the USA whenever you want- on the first day if you like- and file as soon as you have the marriage cert. As long as he leaves after his 90 days, it's all good, and he can visit again during the process.


Thanks ya'll!

I'm just wondering, how come its the CR-1 visa instead of the K-3?
I thought the CR-1 was for immigrant who turned US citizen who wants to bring a foreigner.. For the record I am a natural born US citizen.

Edit: Or did I just read that wrong, and literally, there is no more K-3 visa..? q-q

Edited by poketiffy, 15 July 2012 - 08:41 PM.

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#8 canadian_wife

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Posted 15 July 2012 - 08:40 PM

Um....no

The I130 which leads to the Cr-1 visa regardless of where you were born (ie in the US or naturalized)

Back in the day, the I130 was taking literally YEARS to approve, so they brought in the K-3 visa to allow the beneficiary go to the US to wait for the I130 to be processed

However, the I130 has significantly sped up. Since this is the case, the K3 visa is obsolete, NVC will lose the I129F petition allowing only for the I130 to proceed

This has nothing to do with natural born vs naturalized citizen

I suggest you start reading the 'guides' section

Good luck
  • 0
USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

#9 Kazulie

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Posted 16 July 2012 - 04:02 AM

Thanks ya'll!

I'm just wondering, how come its the CR-1 visa instead of the K-3?
I thought the CR-1 was for immigrant who turned US citizen who wants to bring a foreigner.. For the record I am a natural born US citizen.

Edit: Or did I just read that wrong, and literally, there is no more K-3 visa..? q-q


K-3 is literally no more.

CR-1 is the visa used after a US Citizen (naturally born or otherwise) marries a foreigner.
  • 0

HUSBAND'S CASE
9/17/2011 - sent I-130
9/19/2011 - noa1 received
3/16/2012 - case sent to my local USCIS office for additional processing
4/21/2012 - AP. If we haven't heard from them in SIX MONTHS (omg) we can feel free to call them!!! Thanks!
9/20/2012 - Interview scheduled - October 3!!!!
10/3/2012 - Interview went well but she must look at his A-file more before decision.
10/12/2012 - I-130 APPROVED! APPROVED! APPROVED!

KIDS' CASES
04/20/2012: NOA1
07/20/2012: instead of an approval, we got thrown into AP. sigh
11/01/2012: Boys' I-130 interview set for November 28, 2012.
11/28/2012: I-130s APPROVED! APPROVED! APPROVED!
NVC
12/14/2012: NVC Received
12/31/2012: Case number/IIN
12/31/2012: DS-3032 sent
01/08/2013: DS-3032 accepted
01/02/2013: AOS bill
01/03/2013: AOS bill shows PAID
01/04/2013: AOS package sent
01/09/2013: IV bill
01/10/2013: IV bill shows PAID
01/11/2013: IV package sent
01/23/2013: Case complete

02/01/2013: Interview scheduled
US Embassy Lagos
02/22/2013: Embassy received
03/01/2013: Medical
03/20/2013: Interview - was told the boys would have been approved on the spot if they had pics! Errrr :-(
04/15/2013: DNA test

05/15/2013: Emailed embassy BEGGING them to let boys drop off passports for visa insertion.  IT WORKED!!!

xx/xx/2013: Visa in hand
xx/xx/2013: POE Chicago?


5spxll0m6aa.png





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