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Stay in country during process

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Filed: Timeline

Hello everyone,

I just found this site a little bit ago and seems to have a lot of good information. So I thought maybe some "seasoned veterans" may be able to help me out. Anyways, back in June 2010 I met a girl who is from Brazil and now we are ready to tie the knot and get married. She is currently an au pair in the United States (she has a J-1 Visa at the moment) but her au pair term ends in September and must go back to Brazil by October 5th I believe. However, when we apply for the I-129f and K-1 Visa, can she stay in the US during the process, or will she have to return to Brazil and then come back once it is processed and accepted?

Thank you so much for all your help and best wishes for all who are still in the process!

Andy

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Filed: Citizen (apr) Country: Canada
Timeline

Does she have a 2 year home residency requirement?


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: Timeline

All she knows is that she must return in October. So that rule means they have to move back home, and stay there for at least two years before coming back? If so, is there any way of going about waiving that requirement? Or is it too late...?

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Filed: K-1 Visa Country: Peru
Timeline

Why don't you get married now?


10-24-2012: AOS, EAD, AP Sent

11-04-2012: NOA1 AOS, EAD, AP

11-06-2012: Biometrics App Letter

11-16-2012: My baby boy was born

11-19-2012: Biometrics Appointment

12-29-2012: AP Approved

01-04-2013: EAD Approved

01-10-2013: Combo Card Arrived

ceE0m5.png iZBZm5.png

O8N4m5.png Zn0gm5.png

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Filed: Timeline

And she knows several friends who have done the same thing but did not need to return to the country for that two-year period. I am sorry, I have tried as much research on my own, but it is still so confusing to me...

Based on reading, it sounds like once the visa is expired, they must return to the home country for two years, regardless of whether or not they are getting married, which seems kind of ridiculous to me... At least three or four of her friends were J-1's, got married here and stayed here without ever going back.

Thanks!!!!

We were hoping to get married just a little later for planning purposes... but is there a big difference between the marriage and fiancee visa? I was thinking once the fiancee visa is approved, I know you have three months to get married, and we were just hoping for a little additional time for planning and such, as mentioned... but if necessary, I have no doubt she is the one I want to marry, so that part isn't an issue.

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Filed: K-1 Visa Country: Brazil
Timeline

I would see about getting married here and applying for a adjustment of status. I am sorry I do not have the expertise you require but I would definitely see about marrying here.


Wally & Malena

Our TimeLine

08/04/2010 In Love and starting the process

10/21/2010 My first trip to Brazil, Wonderful time

11/15/2010 Sent application for K1

11/22/2010 Application received Vermont Service Center

11/24/2010 Back on a plane to Brazil. Just cannot stay away for too long

12/01/2010 Recieved NOA1 The countdown begins

12/30/2010 Back on a plane to Brazil--Spending New Years Eve with my baby :)

05/09/2011 Received NOA2

05/12/2011 NOA2 Hardcopy received

05/17/2011 NVC Received file

05/19/2011 Consulate Received

06/14/2011 Interview-----APPROVED

06/22/2011 POE Aruba, on the way to Washington DC

as1cJQm0g410510MDAwNDZsfDAwOTAxNGx8U2luY2UgVmlzYSBBcHByb3ZhbA.gif

http://www.ticker.7910.org/dtas1cJQm0g410510MDAwNDZsfDAwOTAxNGx8U2luY2UgVmlzYSBBcHByb3ZhbA

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Filed: K-1 Visa Country: Peru
Timeline

And she knows several friends who have done the same thing but did not need to return to the country for that two-year period. I am sorry, I have tried as much research on my own, but it is still so confusing to me...

Based on reading, it sounds like once the visa is expired, they must return to the home country for two years, regardless of whether or not they are getting married, which seems kind of ridiculous to me... At least three or four of her friends were J-1's, got married here and stayed here without ever going back.

Thanks!!!!

We were hoping to get married just a little later for planning purposes... but is there a big difference between the marriage and fiancee visa? I was thinking once the fiancee visa is approved, I know you have three months to get married, and we were just hoping for a little additional time for planning and such, as mentioned... but if necessary, I have no doubt she is the one I want to marry, so that part isn't an issue.

There is some difference between fiance and wife visa, most of them are for time estimates to get it, but if your gf has the two-year period, you will have to wait no matter what.

I think getting married is a viable option for you since she has a high probability for that two-year period. I had a friend (no here on VJ) but she went to the US with a J-1 Visa, and she got married, she never leaved, now she already has her Conditional Residence... You still have some time until September to plan a nice wedding...

Best wishes for both of you :thumbs:

Edited by Dante & Geor

10-24-2012: AOS, EAD, AP Sent

11-04-2012: NOA1 AOS, EAD, AP

11-06-2012: Biometrics App Letter

11-16-2012: My baby boy was born

11-19-2012: Biometrics Appointment

12-29-2012: AP Approved

01-04-2013: EAD Approved

01-10-2013: Combo Card Arrived

ceE0m5.png iZBZm5.png

O8N4m5.png Zn0gm5.png

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Filed: K-1 Visa Country: Peru
Timeline

How long does the K-3 Visa process take? Is it something we need to apply for now? Or something we apply for once we get married in September?

If you want to apply to a k-3 you will need to do it AFTER you are married. But if you got married in the US before her visa expires, the only thing you need to do is apply for her Adjustment of Status as your wife, she doesn't need to leave


10-24-2012: AOS, EAD, AP Sent

11-04-2012: NOA1 AOS, EAD, AP

11-06-2012: Biometrics App Letter

11-16-2012: My baby boy was born

11-19-2012: Biometrics Appointment

12-29-2012: AP Approved

01-04-2013: EAD Approved

01-10-2013: Combo Card Arrived

ceE0m5.png iZBZm5.png

O8N4m5.png Zn0gm5.png

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Filed: Citizen (apr) Country: Canada
Timeline

How long does the K-3 Visa process take? Is it something we need to apply for now? Or something we apply for once we get married in September?

K-3 is obsolete.

You would file a Spousal CR-1. If she is staying in the US you must file I-130 and the AOS package together in the same envelope.

You need to find out if she has a 2 year home residency requirement though.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: Timeline

How do I find out about the two-year home residency requirement? We looked at the DS-2019 and didn't see anything jumping out.

So, for example, if she has one, then we can get married but she still has to leave because adjustment of status is not allowed? And, if so, is there any possible way of waiving that?

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