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IR-1/CR-1 or K-1 that has B1/B2 Visa

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Background: I am currently a naturalized US Citizen (originally I was Indian citizen--a long time ago) who is trying to bring his future fiancée/spouse from India to the US. She has a 10 year B1/B2 visa for the US. I plan on getting married or have an engagement in the recent future. No ceremonies will be in the US unless I have to legally marry in the US due to the K-1 process.

Question:

1. In either the K-1 (Fiancée) or IR-1/CR-1 (Spouse) process, can she come here on her tourist (B1/B2) visa while I'm doing the application process?

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Background: I am currently a naturalized US Citizen (originally I was Indian citizen--a long time ago) who is trying to bring his future fiancée/spouse from India to the US. She has a 10 year B1/B2 visa for the US. I plan on getting married or have an engagement in the recent future. No ceremonies will be in the US unless I have to legally marry in the US due to the K-1 process.

Question:

1. In either the K-1 (Fiancée) or IR-1/CR-1 (Spouse) process, can she come here on her tourist (B1/B2) visa while I'm doing the application process?

My understanding is that if she already has a tourist visa, she can come visit you, but of course will have to go back and wait until the process is completed. A 10-year visa stamp only means that she can make multiple entries into the country, but she cannot stay for over six months at a stretch.


07/14/2011 Wedding

USCIS (187 days)

08/16/2011 I-130 filed

08/19/2011 NOA1
02/22/2012 NOA2

NVC (14 days)
03/08/2012 NVC case #, IIN, emailed DS-3032
03/13/2012 AOS invoiced & paid
03/14/2012 AOS package mailed
03/16/2012 DS-3032 acceptance
03/19/2012 IV bill invoiced and paid
03/20/2012 DS-230 package sent
03/22/2012 Case Complete
04/10/2012 Interview date assigned; packet IV received
MEDICALS/US CONSULATE/POE
05/02/2012 Medicals
05/09/2012 Interview APPROVED
05/11/2012 Visa in hand
05/24/2012 POE TORONTO
06/28/2012 Got SSN and Green Card

ROC

02/27/2014 Package sent

02/28/2014 NOA1

03/28/2014 Biometrics

06/20/2014 Approved

06/22/2014 Got the 10-yr GC
N-400

03/03/2015 Package sent

03/10/2015 Check encashed

03/13/2015 NOA

03/26/2015 Fingerprints

04/27/2015 In line

06/19/2015 Interview letter

07/23/2015 Interview

08/19/2015 Oath ceremony

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Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion; OP has not yet determined which visa path will be pursued.

Question:

1. In either the K-1 (Fiancée) or IR-1/CR-1 (Spouse) process, can she come here on her tourist (B1/B2) visa while I'm doing the application process?

She can come, however, there is no guarantee she will be admitted by CBP.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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She can. As mentioned, CBP can choose not to admit her if they think she will overstay, so she should bring strong documentation showing her ties to her country when she visits.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Thanks to everyone for their feedback! In regards to K-1 process, what proof do you need? I do not have photos and will not as I can't travel there for a day for our engagement (I'll actually be on via video feed--technology these days). I do have the itinerary that I travelled on (I didn't keep the actual ticket) when I met her, phone records, and chat records. Plus I signed some documents for the engagement that is happening this month. I don't know if this will suffice for the K-1 process.

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I haven't done the K-1 process but if you have proof you met as well as proof of an ongoing relationship, you should meet the requirements to file. Follow the K-1 guide here: http://www.visajourney.com/content/k1guide


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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