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Visa Approved but...

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

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rickrock Apprentice

rickrock   0

Posted
Filed: K-1 Visa Country: Bulgaria
 Timeline
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Just when I thought it was all over, I was hit with a whammy! I currently work in the middle east and my fiance is currently in Bulgaria. I was scheduled to be back in the US in Aug, and then she would arrive in Sept. A few days ago my employer told me that they may need me to relocate to Germany. This would have been great news last year before I sent the visa off as she doesnt need one to come to Germany. If I do move to Germany, how would the visa situation work? I was told that once she comes to the US, she cannot leave for a few months... is that true? Or if she never enters the US, how hard would it be to reapply for the visa 2-3 years from now?

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Just when I thought it was all over, I was hit with a whammy! I currently work in the middle east and my fiance is currently in Bulgaria. I was scheduled to be back in the US in Aug, and then she would arrive in Sept. A few days ago my employer told me that they may need me to relocate to Germany. This would have been great news last year before I sent the visa off as she doesnt need one to come to Germany. If I do move to Germany, how would the visa situation work? I was told that once she comes to the US, she cannot leave for a few months... is that true? Or if she never enters the US, how hard would it be to reapply for the visa 2-3 years from now?

If she comes to the USA she can leave.. the problem is returning. In order for her to return to the USA she would need a new visa.

If she never comes to the USA, it is not a problem. She just needs a new visa when you are ready.

Either way she needs a new visa when you decide to come

YMMV

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Blob18 Community Regular

Blob18   111

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

IF she does come to the US and we get married, how long would she have to wait in order to leave the country?

After filing for AOS, 4-5 months average for everything (Greencard, EAD, AP). Could be 2-3 months if your AP (Advance Parole) is approved quickly, which usually happens.

It's USCIS so you really can't predict anything.

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

IF she does come to the US and we get married, how long would she have to wait in order to leave the country?

The problem is even if she gets her greencard, how long will you be in Germany? She needs to maintain her residency in the USA and if she is living in Germany... Germany is not the USA

YMMV

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George & Gina Collaborator

George & Gina   29

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

Just when I thought it was all over, I was hit with a whammy! I currently work in the middle east and my fiance is currently in Bulgaria. I was scheduled to be back in the US in Aug, and then she would arrive in Sept. A few days ago my employer told me that they may need me to relocate to Germany. This would have been great news last year before I sent the visa off as she doesnt need one to come to Germany. If I do move to Germany, how would the visa situation work? I was told that once she comes to the US, she cannot leave for a few months... is that true? Or if she never enters the US, how hard would it be to reapply for the visa 2-3 years from now?

Just a guess, but are you a government employee or a contractor? I believe there are special rules in place for government employees who are working overseas on orders. Otherwise just pull the visa and reapply in a few years when you're both ready to move to the US.

11/15/10: I-130 package FEDEX'd to Chicago Lockbox

11/15/10: NSO Marriage and Birth Certificates available for pick-up at NSO

11/17/10: Receipt Date of I-130 petition at Chicago Lockbox

11/19/10: NSO Marriage Cert and Birth Cert (4x each) received by Gina in Philippines

11/19/10: CRBA package couriered to US Embassy in Manila

11/22/10: CRBA package/application including NSO BC & MC received by embassy

11/22/10: NOA1 Date

11/24/10: Electronic notification of receipt received from Chicago Lockbox

11/24/10: Embassy scheduled CRBA appointment for 12/21/2010

11/26/20: Check cashed

11/27/10: NOA1 Hardcopy received via USPS

12/21/10: Interview/Personal appearance at Manila Embassy for CRBA **approved**

01/03/11: CRBA and US Passport for daughter received by Gina via FEDEX

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rickrock Apprentice

rickrock   0

Posted
Filed: K-1 Visa Country: Bulgaria
 Timeline
  • Author
Posted

Just a guess, but are you a government employee or a contractor? I believe there are special rules in place for government employees who are working overseas on orders. Otherwise just pull the visa and reapply in a few years when you're both ready to move to the US.

I am a contractor, I guess Im going to talk to her come up with the "worst case scenario, just so we can be prepared.

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Sergi9 Community Regular

Sergi9   110

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

I am a contractor, I guess Im going to talk to her come up with the "worst case scenario, just so we can be prepared.

Go visit USCIS website, there is some help for this kind of situation if you are US Citizen working overseas they accomodate the travel for the spouse

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Harsh_77 Mentor

Harsh_77   716

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

The problem is even if she gets her greencard, how long will you be in Germany? She needs to maintain her residency in the USA and if she is living in Germany... Germany is not the USA

Yep thats imp point even after doing her AOS she needs to stay in US for major portion of the year.

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MissDinaDee Explorer

MissDinaDee   8

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

My last question :D .. Has anyone ever re-submitted for a visa? If so, were there any additional heartache dealing with it.

I previously entered the US on a K-1 Visa that expired before we were married. I am currently in the process of submitting my I-130, I don't anticipate any issues.

If you are living in Germany and do get married in the future and then decide to go to the US processing a Direct Consular Filing is an option for you, if they are processed at a consulate in Germany. They also tend to be much faster than filing in the US. DCF Guide

Good Luck! :)

MrsJ

qSIFm7.png

USCIS: 175 Days

NVC: 41 Days

NOA1 to Interview: 265 Days

Interview: 20 March 2012 - APPROVED

NVC for Montreal Beneficiaries – Electronic Processing and New Online Forms Guide by Saylin

Please edit your timeline in your profile so you can help others learn how long each step of this process takes. Thanks!

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