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cutie bear

US citizenship filing then K-1 filing

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Hi! I'm a new newbie and I'm engaged to a fellow filipino living in the US. He has filed for citizenship and is on the 2nd level (fingerprints) of the process. Once everything is completed he will file a K-1. How long do you think is the US citizenship process and can he immediately file K-1 once he's a citizen? i know so many ask this before but how long is the processing is of K-1 especially for a filipina?


~ Cutie Bear

https://randomengineerblog.wordpress.com/

K1 application filed: 08/2010

NOA1: 08/2010

NOA2: 02/2011

Entered USA: 05/2011

Married: 06/2011

EAD received: 09/2011

Conditional GC received: 10/2011 (transferred to CSC without interviews)
10 year GC received: 10/2013 (Approved without interviews)
N-400: mailed to the Phoenix Lockbox 7/8 and received 7/9 by R. Magadan

N-400 Checked: cashed 7/11

Biometrics: 8/7

Interview: 11/6

Oath-Taking: 12/2

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Hi! I'm a new newbie and I'm engaged to a fellow filipino living in the US. He has filed for citizenship and is on the 2nd level (fingerprints) of the process. Once everything is completed he will file a K-1. How long do you think is the US citizenship process and can he immediately file K-1 once he's a citizen? i know so many ask this before but how long is the processing is of K-1 especially for a filipina?

Can't speak on how long his USC will take, however, once he is an USC - then the K-1 processing will take the normal time frame (usually in 6-7 months) - as long as it's a straight forward case.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-1 Visa Country: Vietnam
Timeline

Hi! I'm a new newbie and I'm engaged to a fellow filipino living in the US. He has filed for citizenship and is on the 2nd level (fingerprints) of the process. Once everything is completed he will file a K-1. How long do you think is the US citizenship process and can he immediately file K-1 once he's a citizen? i know so many ask this before but how long is the processing is of K-1 especially for a filipina?

Citizenship usually doesn't take more than a few months, start to finish. He is eligible to file as soon as he becomes a US citizen. He'll need to send a copy of his naturalization certificate with the petition.

For the K1 petition approval, it depends on the USCIS service center and the backlog at the time he sends the petition. Figure 3 to 6 months. After the petition is approved and forwarded to the embassy in Manila, figure another 1.5 to 2 months until the interview. You can make this time as short as possible by having your documents ready to submit when the embassy receives the petition.

Did your fiance originally come to the US with a fiance or spousal visa? If so, how long ago did he come to the US, and when did he get divorced? This may be relevant because it may affect your processing time.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Citizenship usually doesn't take more than a few months, start to finish. He is eligible to file as soon as he becomes a US citizen. He'll need to send a copy of his naturalization certificate with the petition.

For the K1 petition approval, it depends on the USCIS service center and the backlog at the time he sends the petition. Figure 3 to 6 months. After the petition is approved and forwarded to the embassy in Manila, figure another 1.5 to 2 months until the interview. You can make this time as short as possible by having your documents ready to submit when the embassy receives the petition.

Did your fiance originally come to the US with a fiance or spousal visa? If so, how long ago did he come to the US, and when did he get divorced? This may be relevant because it may affect your processing time.

He got divorced last year and he's been in the US for almost 20 years now. How would that affect my chances to get a visa?


~ Cutie Bear

https://randomengineerblog.wordpress.com/

K1 application filed: 08/2010

NOA1: 08/2010

NOA2: 02/2011

Entered USA: 05/2011

Married: 06/2011

EAD received: 09/2011

Conditional GC received: 10/2011 (transferred to CSC without interviews)
10 year GC received: 10/2013 (Approved without interviews)
N-400: mailed to the Phoenix Lockbox 7/8 and received 7/9 by R. Magadan

N-400 Checked: cashed 7/11

Biometrics: 8/7

Interview: 11/6

Oath-Taking: 12/2

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Filed: Citizen (pnd) Country: Thailand
Timeline

He got divorced last year and he's been in the US for almost 20 years now. How would that affect my chances to get a visa?

Somewhat difficult to answer your question. His 20 years in the US will have no effect one way yor the other. But there could be circumstances not described, which would make it hard for anyone to tell you this is routine case and will be fine. Normally a divorce should have no effect on the Visa approval, of course there can be circumstances before the divorce that might raise a red flag with a Consular Official.


Naturalization N-400

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Filed: K-1 Visa Country: Vietnam
Timeline

He got divorced last year and he's been in the US for almost 20 years now. How would that affect my chances to get a visa?

In your case, it shouldn't have any affect on your visa.

I asked because there is a certain kind of visa fraud that is sometimes suspected when someone who recently became a US citizen sponsors someone from their home country for a fiancee or spousal visa. This particular kind of fraud involves two people who are married or romantically involved, and both want to immigrate to the US. If they are already married then they will get divorced. One of them will get involved in a relationship with a US citizen, and eventually come to the US on a fiancee or spousal visa. They may wait three years, get their US citizenship, and then divorce their US citizen spouse. Or, they may divorce sooner, and wait five years to get their US citizenship. Soon after they get their citizenship, they sponsor their original partner for a fiancee or spousal visa. If the circumstances warrant it, the consulate may take extra time to investigate whether there was a relationship between the petitioner and beneficiary before the petitioner's previous marriage.

Consulates are sometimes suspicious if the beneficiary was recently divorced because they think it might be the beginning of the plan described above.

They won't suspect this in your case because your fiance has been in the US for a long time.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Thanks Audy & Jim!!!

I'm really praying hard and thinking positive that everything will flow smoothly.


~ Cutie Bear

https://randomengineerblog.wordpress.com/

K1 application filed: 08/2010

NOA1: 08/2010

NOA2: 02/2011

Entered USA: 05/2011

Married: 06/2011

EAD received: 09/2011

Conditional GC received: 10/2011 (transferred to CSC without interviews)
10 year GC received: 10/2013 (Approved without interviews)
N-400: mailed to the Phoenix Lockbox 7/8 and received 7/9 by R. Magadan

N-400 Checked: cashed 7/11

Biometrics: 8/7

Interview: 11/6

Oath-Taking: 12/2

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