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bostonaperture

K1 or AOS for Fiancee in US on L1B

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Filed: Timeline

Hello All,

First time poster. Have gathered all sorts of useful information on this site.

Ok so my question is as follows...

I have an Indian fiancee. She's already in USA and was on a L1B visa for 3 years (Working in tech). It recently expired, but she's allowed to stay while the renewal application is being processed.

We want to get married and start a life here in Boston. What is the fastest route for her to gain permanent residency and eventual green card eligibility? The only two options appear to be K1 Visa, which has a 5 month backlog , or just have her do an adjustment of status based on being a fiancee.

Does anyone have any input for this scenario? It seems that as long as she's here, it'd be faster than doing it while home in India.

Any help is greatly appreciated!

Edited by bostonaperture

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

You dont need K1, you guys can get married in US and then apply for AOS, which is the same process for K1.

K1 is the only visa, which allows the partner to enter US and then get married and file for AOS.

There is no fast process, AOS takes anywhere from 6-8 months.

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

I would suggest Adjustment of status based on MARRIAGE, not anything you've listed so far. Click the word 'Guides' at the top of this page, review all types, pick one based on 'foreign spouse in USA'.

Lucky for you, an AOS is possible based on her current visa type.

Edited by Darnell

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.

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Filed: Timeline

So i have another question. Which form route should we go with the AOS? Is there just a standard AOS or do we need to file something like the I-130? If we do the 1-130 i'm concerned that we don't have comingling of resources. Don't own property and we'd do a city hall wedding. Am i going down the wrong route?

TIA.

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

which guide, exactly, are you following? (post the url)


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 !

 

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