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Approved for K-1, then fiance got F-1, then we got married, LONG STORY

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Filed: K-3 Visa Country: United Kingdom

Hey all -

When my husband and I joined this community, we were engaged and he was living in the UK. We had applied for the K-1 Visa and it was approved. He got the notice for his final interview at the embassy in London, where he would have collected his visa. However, at the same time, he had been applying for a masters program in California - well, right as our K-1 got approved, so did his F-1 student visa, and he moved to the US.

I moved from my home in New York to California to be with him, and about six months later, we found out we were expecting. So we eloped, and had a beautiful Vegas wedding - and now we are married and living together, but his F-1 will expire at the end of his studies in two years.

From everything I am seeing about the K3/K4 visa, it applies to spouses living outside the US, and this is not the case for us.

Does anyone have any experience with this kind of situation, or can let me know if I can just file an I-130 for him or do we go through the K3/K4 process??

Thanks so much for reading!

I-485 and I-130 Timeline:

• First met online in 2001; become close friends and stayed in contact

• USC went to London in May 2008, on vacation; fell in love and began relationship

• Visited each other several times in Buffalo and London

• Engaged in spring 2009; filed for K1 Visa and this was approved

• Summer 2009 Beneficiary was accepted to 3 year Master’s degree program in the US; unable to complete K1 process at this time

• Beneficiary moved to US as student on F1 Visa in August 2009

• Lived together from September 2009 onwards, in US

• Married on April 10th 2010

• Sent I-485 and I-130 Applications to USCIS by certified mail on July 26th 2010

• 8/1/10 - Recieived return receipt showing USCIS received applicatons July 28th 2010

• 8/4/10 – Received email and text message update from USCIS – also were advised that we would receive NOA (Form I-797) via mail within 7-10 business days.

• 8/6/10 – Received Forms I-797 for all three applications in the mail.

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Filed: Lift. Cond. (apr) Country: India

File for Adjustment of Status from his F-1.

Good luck! :thumbs:

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony


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Filed: Other Country: China

File for Adjustment of Status from his F-1.

Good luck! :thumbs:


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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