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Andres and Diana

asking for friend Married illegal immigrant. which app does he need?

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Filed: K-1 Visa Country: Colombia
Timeline

So I did the k1 route eons ago.... my friend just recently married his fiance here in the US. She came on a tourist visa and over stayed her six months... now they are married and dont know which visa to process. Would it be a CR1? or is it K3?

any info is much appreciated!

10/17/07...Lawyer sent overnight to USCIS...
07/17/08...VISA RECEIVED!
POE LAX 07/25/2008
Civil wedding...8/1/08

AOS
08/25/08...NOA1
09/23/08...Biometrics
11/10/08...EAD and AP approved!
12/27/08...Appointment letter received
02/20/09...Appointment at local Santa Ana office
02/28/09...GREEN CARD RECEIVED!!!

REMOVE CONDITIONS
12/01/2010...Mailed I-751 for removal of conditions.
12/02/2010...NOA1
01/19/2011...Biometrics
03/10/2011...Card Production ordered!! Approval 10 Year Green Card!
**/**/****....card received

Naturalization Process

05/04/2013 application submitted

05/25/2013 biometrics done

06/25/2013 Noa received

07/29/2013 Naturalization Interview

08/21/2013 Oath Ceremony

Son was born 08/30/2013

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Filed: Citizen (apr) Country: Russia
Timeline

Is she still in the country? If so, they may need to take the AOS route. I am not an expert on adjusting after an over-stay, but many people come here on a tourist visa then life takes over and they get married. Those couples usually file to adjust status while they are both still in the US. If she has left the country, then they will need to take the CR1 route. K3's are essentially obsolete, and a CR1 usually supersedes them while in processing. Again, I am not sure how an overstay would impact a CR1 application.

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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