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Strategy Help

By KIG0 in K-1 Fiance(e) Visa Process & Procedures

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KIG0 Newbie

KIG0   0

Posted
Filed: Timeline
Posted

Hi - First time poster. I've read through the intro guides, but need help with strategy.

Situation

Couple: Will get married. Dating since they met in Japan four years ago. For the past three years they have lived in the U.S. For the past year, both have lived in the same apartment, with the lease in both names.

He: U.S. Citizen

She: Came to U.S. on a student visa and received a masters. After, received a J1 visa which expires on December 31, 2010.

Goal: Our life is in the U.S. We both have jobs and friends here. We are looking for the option the will allow her to stay or return to the U.S. in the fastest way possible.

Strategy

We see two options.

1) Get married today: It sounds like spouse visas take considerable time. Will she still have to leave the country at the end of the year?

2) Apply for a fiancee visa: We would apply through the consulate in Japan. How long does this take? About 5-6 months? If we file today, she would probably be stuck in Japan for at least a couple months?

What would the posters here recommend as a strategy to follow?

Thank you and will post on the K-3 forum as well.

-KIG0

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

since she is in USA on a valid visa, and of the 'right visa type' -

can file 'adjustment of status' case after marriage - no need to 'apply for visa'

please review http://www.visajourney.com/content/i130guide2

caveat - not leave USA, from filing date till greencard in hand.

Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

KIG0 Newbie

KIG0   0

Posted
Filed: Timeline
  • Author
Posted

since she is in USA on a valid visa, and of the 'right visa type' -

can file 'adjustment of status' case after marriage - no need to 'apply for visa'

please review http://www.visajourney.com/content/i130guide2

caveat - not leave USA, from filing date till greencard in hand.

Good Luck !

Thanks Darnell - So to be clear, when filing an 'adjustment of status', she is allowed to stay in the U.S., even though her J1 visa will have expired?

Aztec&Taino Proficient

Aztec&Taino   144

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

Hi - First time poster. I've read through the intro guides, but need help with strategy.

Situation

Couple: Will get married. Dating since they met in Japan four years ago. For the past three years they have lived in the U.S. For the past year, both have lived in the same apartment, with the lease in both names.

He: U.S. Citizen

She: Came to U.S. on a student visa and received a masters. After, received a J1 visa which expires on December 31, 2010.

Goal: Our life is in the U.S. We both have jobs and friends here. We are looking for the option the will allow her to stay or return to the U.S. in the fastest way possible.

Strategy

We see two options.

1) Get married today: It sounds like spouse visas take considerable time. Will she still have to leave the country at the end of the year?

2) Apply for a fiancee visa: We would apply through the consulate in Japan. How long does this take? About 5-6 months? If we file today, she would probably be stuck in Japan for at least a couple months?

What would the posters here recommend as a strategy to follow?

Thank you and will post on the K-3 forum as well.

-KIG0

Hello,

My understanding tells me that since she is in the US legally right now, and her visa will not expire until December of this year, then you would just need to make sure to marry AND file your Adjustment of Status BEFORE her current visa expires. I got married to my American ex-husband before my H4 visa expired and was able to remain in the country during this process. You both need to be aware that until either her residence or her advance parole is approved she WOULD NOT be able to leave the US without abandoning and forfeiting her AOS application.

Best wishes!

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Thanks Darnell - So to be clear, when filing an 'adjustment of status', she is allowed to stay in the U.S., even though her J1 visa will have expired?

YUP !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Thanks Darnell - So to be clear, when filing an 'adjustment of status', she is allowed to stay in the U.S., even though her J1 visa will have expired?

Does her J1 have a home residency requirement? If yes, then she must fulfill/address that requirement. If no, then get married and Adjust Status and she remains in the US until she receives LPR status.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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