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thevampirepandora

does the marriage have to be spontaneous?

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Filed: Country: United Kingdom
Timeline

I (US Citizen) plan on marrying my fiancee (from the UK) in December. We were planning for him to come and enter as a visitor in November and we planned to get married legally straight away. All of my family lives down in Mexico and we planned on throwing the party down there. If my fiancee enters on a tourist visa there is no problem with him visiting Mexico (as he has done before) so I don't think that will be a problem. After marriage we planned for him to return to the UK and begin the K3 visa process (although I am now considering the CR1 visa).

The thing is... that I read somewhere that the marriage has to be 100% spontaneous otherwise immigration will give us hell. Is this true? I personally don't see the problem with a marriage being planned..surely it has to be planned! I would really appreciate it if someone could clarify this for me.

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You're thinking of if you marry in the US and adjust while in the US. (Which isn't really looked up upon here.)

What you're doing is fine. Most people who go through spousal visas have full, planned weddings.

And yes, you should file CR-1. It's much better in the long run.


~*Relationship Info In Profile And Fiance(e) Visa/Adjustment of Status/Removal Of Conditions Info In My Timeline*~

Looking for your favourite Canadian foods that you can't find in the US?

Try this site! http://www.canadianfavourites.com/

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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline

I (US Citizen) plan on marrying my fiancee (from the UK) in December. We were planning for him to come and enter as a visitor in November and we planned to get married legally straight away. All of my family lives down in Mexico and we planned on throwing the party down there. If my fiancee enters on a tourist visa there is no problem with him visiting Mexico (as he has done before) so I don't think that will be a problem. After marriage we planned for him to return to the UK and begin the K3 visa process (although I am now considering the CR1 visa).

The thing is... that I read somewhere that the marriage has to be 100% spontaneous otherwise immigration will give us hell. Is this true? I personally don't see the problem with a marriage being planned..surely it has to be planned! I would really appreciate it if someone could clarify this for me.

No problems. Entering on a tourist visa, marrying on a tourist visa, then returning to being your CR-1 is okay. The problem of intent/spontaneity comes into play when you try to adjust status from tourist visa to LPR spouse.

Congratulations on your upcoming marriage!


USCIS : 104 Days

10-30-2009 : I-130 and Documents Sent

11-06-2009 : NOA1

02-18-2010 : NOA2

NVC : 66 Days

02-24-2010 : Case Number Assigned

02-25-2010 : E-Mails Given to NVC Operator

02-26-2010 : DS-3032 Sent by E-Mail

03-02-2010 : Received DS-3032 and AOS Bill

03-02-2010 : DS-3032 Accepted

03-02-2010 : Pay AOS and IV Bill Online

03-04-2010 : AOS Shows PAID

03-08-2010 : IV Bill Shows PAID

03-09-2010 : AOS and Documents Sent

03-09-2010 : Receive IV Bill

03-19-2010 : DS-230 and Documents Sent

03-24-2010 : False RFE for DS-230; Confirmed AOS Reviewed and No Missing Information Found

04-02-2010 : Sign-In Failed. Thank you, Lord!

04-05-2010 : Case Completed at NVC

04-15-2010 : Majorly Unhappy with NVC

04-30-2010 : Interview Date Assigned

Embassy :

05-06-2010 : Medical Exam

06-08-2010 : Interview Date -- Approved! Experience and Review

06-18-2010 : Visa Received

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I (US Citizen) plan on marrying my fiancee (from the UK) in December. We were planning for him to come and enter as a visitor in November and we planned to get married legally straight away. All of my family lives down in Mexico and we planned on throwing the party down there. If my fiancee enters on a tourist visa there is no problem with him visiting Mexico (as he has done before) so I don't think that will be a problem. After marriage we planned for him to return to the UK and begin the K3 visa process (although I am now considering the CR1 visa).

The thing is... that I read somewhere that the marriage has to be 100% spontaneous otherwise immigration will give us hell. Is this true? I personally don't see the problem with a marriage being planned..surely it has to be planned! I would really appreciate it if someone could clarify this for me.

As others have said, one can come into the USA to marry but you aren't allowed to cross into the USA with the intent to marry and then remain in the country. The K3 visa are getting obselete apparently.

You should get familiar with the guides on VJ so you have a better understanding of the different types of visa and which may work best for you. K3s are becoming obsolete and are taking as long as CR1 visas. Plus with K3, you have to adjust status and that costs more money, and you would need to apply for employment authorization in order to work legally, plus apply for advanced parole in order to travel in and out of the country, if needed. With CR1 status you are automatically able to work and travel.

Most people go for the CR1 because it takes the same length of time to process and because it gives you immediate work and travel authority, whereas with K3 you have to file for those. Adjustment of status of over $1000 as well, you should be aware.

Check out the guides, it'll help you get a better understanding.

Good luck and congrats on the future marriage.


2007 Nov 30: Met in Las Vegas, Nevada

2009 Jul 13: Proposed/Engaged in Sedona, Arizona

2009 Dec 26: Married in Tucson, Arizona

USCIS

2009 Dec 30: Filed I-130

2010 Jan 02: I-130 delivered

2010 Jan 07: NOA1 - email - CSC

2010 Jan 11: Received NOA1 hardcopy

2010 Mar 24: NOA2 - email & text - NVC

2010 Mar 29: Received NOA2 hardcopy

I-130 was approved in 76 days from NOA1 date

NVC

2010 Mar 30: NVC received - case# assigned - emails given to NVC

2010 Mar 30: Opted in - DS3032 emailed to NVC

2010 Mar 31: Received AOS bill & DS3032 - paid AOS

2010 Apr 05: Online payment portal confirms paid AOS(Apr 2 processing date)

2010 Apr 05: Sent I-864 package

2010 Apr 15: EP confirmation email

2010 Apr 15: IV bill generated & paid

2010 Apr 15: Email confirmation - receipt of DS3032

2010 Apr 16: IV bill confirmed paid - sent DS230 package

2010 Apr 19: NVC operator confirms I864 & DS230 documents have been received

2010 Apr 21: AVR confirms all documents received Apr 19th

2010 Apr 23: Email from NVC: case complete - confirmed by NVC - sign in fail

Completed in 24 days

CONSULATE

2010 May 27: Email from NVC - consulate received file - interview Montreal Jul 27th

2010 Jun 16: Medical @ Woking Medical Centre, Vancouver, Canada - APPROVED

2010 Jul 27: Interview @ US Consulate in Montreal, Canada - APPROVED

Your interview took 201 days from your I-130 NOA1 date

2010 Aug 13:POE Washington - APPROVED

REMOVAL OF CONDITIONS

2012 May 14 - mailed I-751

2012 May 16 - delivered @ CSC

2012 Jun 18 - I 551 stamp

2012 Jun 28 - biometrics appointment NOA notice date Jun 7

2012 Dec 20 - approved

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K3s are becoming obsolete

K-3s are obsolete. As of February 2010, you are no longer able to apply for a K-3.

Is there a reason why you are not going for a K-1 visa? If you apply now, the likelihood of you having the K-1 by December is pretty good. Your fiance can join you in the States, you get married and then once AOS is filed and AP is granted, he can travel down to Mexico for the celebrations.

Just my take on it, but I would be worried about planning a wedding on the basis of being granted entry on VWP. You wouldn't have any proof that he intends to return to the UK post-marriage and you're at the mercy of a trusting CBP officer as to whether you're let in. Failure to enter would mean re-organising your plans, probably filing for a K-1 anyway and adds another 7-9 months on average to your ability to get married. While it is perfectly legal to enter the US, get married and leave, proving that you intend to leave is going to be the hiccup. Also, would your then husband be returning to the UK from Mexico? If not, then you're hedging bets that he can re-enter on a VWP, this time as your spouse. They are very reluctant to do this, although by that stage, you could have filed for the CR-1 and have the NOA1 with you when you go to Mexico.

Just feels like a lot of possible glitches that could be entirely avoided by going the K-1 route.


Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

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