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lost.n.how

Can k-1 be used for undocumented residents

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You had best discuss this with an attorney


2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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I was wondering if i should go about using a K-1 for my girlfriend but she is still living in the U.S... Would she have to leave or could i still go about with a K-1 while she is still here

Did she enter the US legally?


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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I was wondering if i should go about using a K-1 for my girlfriend but she is still living in the U.S... Would she have to leave or could i still go about with a K-1 while she is still here

Did she enter the US legally?

If she is here and entered with inspection and you are a US citizen you can marry and then file a Petition for Alien relative and AOS. No visa would be necessary.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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I see your other post now where you asked the same question before. Did you not like the answers?


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Talk to an experienced attorney. Whether she entered illegally or is staying out-of-status, you'll want to speak with someone who is more qualified than most of us here.

:star: Cass (bebop the great)


us.gif

timeline.gif

K-1

Service Center: California (transferred from Nebraska)

Consulate: Vancouver, Canada (transferred from Montreal)

06.17.2006 — Engagement!

08.23.2006 — NOA1

11.01.2006 — NOA2

01.25.2007 — Interview—APPPROOOVVEEEDD!!

02.12.2007 — Entry date!

03.01.2007 — Applied for SSN.

03.08.2007 — Social Security Card arrives! :)

03.17.2007 — Wedding day! Happy St. Patty's Day! YAY! :D

AOS/EAD

04.30.2007 — AOS/EAD Mailed off (No AP)

05.02.2007 — Arrives in Chicago.

05.08.2007 — NOA1 for AOS/EAD

06.01.2007 — Biometrics (and EAD Touch)

06.14.2007 — AOS Touch

06.17.2007 — AOS Transferred to CSC

06.19.2007 — AOS Touch

06.20.2007 — AOS Touch

06.21.2007 — AOS Touch (They must be doing something!)

07.25.2007 — EA Card Arrives. YAY! :)

09.03.2007 — AOS Touch, something finally!

09.05.2007 — AOS Touch

09.07.2007 — AOS Touch

09.09.2007 — AOS Touch

09.10.2007 — AOS Touch

09.11.2007 — AOS Approval without interview

09.17.2007 — Welcome to America! Letter arrives

09.29.2007 — Green card arrives! WOOO! No more USCIS until 06/09.

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lost.n.how

In case you just couldn't find your last thread on this....here it is....with the best advice you will receive

http://www.visajourney.com/forums/index.php?showtopic=32882&hl=


You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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K-1 is for the foreign beneficiary and the interview will take place in the beneficiary's country thus she would have to go home. If there is any record of an over-stay you will most likely be dealing with a waiver. Is the proposed beneficiary in this country illegally?


usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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lost.n.how

In case you just couldn't find your last thread on this....here it is....with the best advice you will receive

http://www.visajourney.com/forums/index.php?showtopic=32882&hl=

Knowing that I will probably get yelled at for this...... I personally know that I feel a great deal of stress and anxiety while waiting through this process. Have I been guilty of asking the same question more than once, hoping for a different answer?? Yes.

In saying that, I think there are nicer ways to simply state the answer again.

Now please don't yell at me.....hahaahahah


1Corinthians 13:13 But now faith, hope, and love remain--these three. The greatest of these is love.

3dflagsdotcom_usa_2fawm.gif & 3dflagsdotcom_mexic_2fawm.gif

08/08/2006- Mailed I 129-F packet to TSC

08/10/2006- Packet Signed for by TSC employee

08/18/2006- NOA 1 date

08/22/2006- Touched.....:)

10/25/2006- Touched.......BIG SMILE :)

10/26/2006- TOUCHED AGAIN..........HUGE SMILE!

10/27/2006- NOA 2 approval email received!

10/31/2006- NOA 2 received in mail.........Can't stop smiling!!

11/16/2006- NVC receives my petition and assigns us a case number CDJ----------!!!! WOOHOO

11/20/2006- Mailed to Juarez!! Yippee!

11/30/2006- Juarez received my petition......Email confirms I should receive my packet within 2 weeks!! :)

12/15/2006- Received Packet!!!!! Booking travel arrangements!!!!

12/26/2006- Medical Exam

12/27/2006- Interview, 601 waiver needed

01/10/2007- Filed 601 Waiver

01/17/2007- DHS Receipt of Waiver

08/26/2007- Approved

09/04/2007- Received Approval Notice

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I don't know what you want people to say that hasn't been said. K-1 interviews happen in the beneficiary's home country, and if she has been here illegally, she could face a ban on re-entry & problems at the interview. If you just marry and then adjust status, some people say you'd be just fine, but you're best off contacting an attorney (or several) to whom you can give the complete information about your situation.

It's a hard enough case and the devil is in the details.


AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

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I would speak with an attorney that specializes in handling matters for Mexican immigrants.

I'm fairly certain that there are some loop holes to avoid a permanent ban on future visas, but you would have to speak to someone who absolutely knows the ins-n-outs of the US and Mexico immigration system.

I'm also fairly certain that she would have to return to Mexico for at least one year (I have a friend from Guatemala that just went through this ... he had to leave his wife and newborn daughter for 6 months .... which, unfortunately turned into 16 months).

Edited by wanthimhere

6/29 - NEW I-129 mailed to CSC

7/21 - NOA1 issued

9/21 - finally ... my first touch!!

9/21 - NOA2 issued

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lost.n.how

In case you just couldn't find your last thread on this....here it is....with the best advice you will receive

http://www.visajourney.com/forums/index.php?showtopic=32882&hl=

Knowing that I will probably get yelled at for this...... I personally know that I feel a great deal of stress and anxiety while waiting through this process. Have I been guilty of asking the same question more than once, hoping for a different answer?? Yes.

In saying that, I think there are nicer ways to simply state the answer again.

Now please don't yell at me.....hahaahahah

I wasnt trying to say anything in any particular way other then offering the link to the OP's first thread in case he had lost it. His original thread also contained more information in his first post about his fiance, including that the entry was legal on a student visa. All that should be done in the OP's case, is to seek legal advice from a qualified immigration attorney to discuss the circumstances of their individual case and that AOS is possible depending on knowing the whole circumstances, of which we dont.


You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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lost.n.how

In case you just couldn't find your last thread on this....here it is....with the best advice you will receive

http://www.visajourney.com/forums/index.php?showtopic=32882&hl=

Knowing that I will probably get yelled at for this...... I personally know that I feel a great deal of stress and anxiety while waiting through this process. Have I been guilty of asking the same question more than once, hoping for a different answer?? Yes.

In saying that, I think there are nicer ways to simply state the answer again.

Jayzeus, WHY? Some of these questions are ones that most people here have no idea how to answer. That leaves a few people who can actually offer something of value to the person. In a touchy situation like this, where they've identified their SO as 'illegal' don't you think it's important to get the right answers? RE-posting makes it more likely to get worse answers, in my experience.

And, if you (or the question asker) have not done your appropriate research after asking the question so that it NEEDS reanswering, well shoot, whose burden should that be?

There are very few questions I can think of that haven't been asked here a million times (use the search functions), documented in a Guide or FAQ (use the blue tabs at the top of the page), highlighted at uscis.gov (visit it) or will be asked in the short time you stop by here (so scan the page of the forum you're using).

Sorry to sound like some crabby old grandpa but I had none of this to follow and I still managed to get through it with less than 10 question posts to my name (yeah, I know, give me a gold star).

Now please don't yell at me.....hahaahahah

Too late! :lol:(L):lol:


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Everything meauxna said is especially true since this is NOT a case of an "illegal Mexican immigrant" but an expired student visa situation . . .

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There are very few questions I can think of that haven't been asked here a million times (use the search functions), documented in a Guide or FAQ (use the blue tabs at the top of the page), highlighted at uscis.gov (visit it) or will be asked in the short time you stop by here (so scan the page of the forum you're using).

Sorry to sound like some crabby old grandpa but I had none of this to follow and I still managed to get through it with less than 10 question posts to my name (yeah, I know, give me a gold star).

I hear ya yet when I tell people this or point them to guides i get called a b*tch! Why?

(See my recent post about DCF in New Zealand)

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