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Vriley87

Marriage on a Tourst visa

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I hope the decision i made doesn't bite me in the ####. My ex boyfriend surprised me by getting a tourist visa towards the end of his stay he proposed i said yes and we married 2 weeks later. he went back to Jamaica before his tourist visa was up. i am now confused about what happens next since we were married here can he come back here while he awaits his visa or did i just screw up really bad.

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Moved from USCIS Service Centers to General Immigration-Related Discussion

I hope the decision i made doesn't bite me in the ####. My ex boyfriend surprised me by getting a tourist visa towards the end of his stay he proposed i said yes and we married 2 weeks later. he went back to Jamaica before his tourist visa was up. i am now confused about what happens next since we were married here can he come back here while he awaits his visa or did i just screw up really bad.

I have two questions:

  • Have you filed an I-130 to start the spousal visa process?
  • Is his tourist visa still valid?

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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Moved from USCIS Service Centers to General Immigration-Related Discussion

I have two questions:

  • Have you filed an I-130 to start the spousal visa process?
  • Is his tourist visa still valid?

He went back home last week and his visa was valid unitl April 3rd and i have not started the process i didnt kno if i wanted to do the k3 or ir-1/cr-1 because he needs to get here quicker because he has a job waiting for him

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Moving topic to IR-1/CR-1 Process & Procedures, this is the path the OP will need to take.

i didnt kno if i wanted to do the k3 or ir-1/cr-1 because he needs to get here quicker because he has a job waiting for him

Firstly, the words quick and US immigration process do not go hand-in-hand.

Don't bother pursuing a K3. If you were to file an I-129F to start the K3 process, the I-130 you will have already filed will be pulled from its current place in the queue and placed with the I-129F that was just submitted (that's how they are tied together). An adjudication decision on the two petitions is usually made at the same time; if the petitions are approved, they are sent to the NVC. If the NVC receives the two petitions at the same time or if the I-130 is received first, the I-129F for the K3 is administratively closed leaving only the I-130 for CR-1 active.

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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Hi, I hope you find this useful and that the information below is true and correct (if it is not I am sure someone will correct me).

CR-1 is the visa you will need to file for. The K3 is obsolete. If your now husband had stayed in the states you could have tried to file for AOS directly but obviously that is not an option now.

Citizens legally married to a foreign national may petition for a IR-1 / CR-1 visa. If the marriage is less than two years old, the consulate will issue a CR-1 Visa (and if longer than two years it will issue a IR-1 Visa).

A CR-1 Visa will result in Conditional Permanent Residency (requiring a petition to be filed later to lift this conditional status).

- - -

Forms Needed to File for a IR-1 / CR-1 Visa:

1. I-130

2. G-325a

3. G-1145 (optional electronic notifications)

- - -

There is no "quick" immigration process. If you are in the military or can prove extreme hardship the petition may be expedited, but the average time for a CR-1 is between 6-12 months I believe. Here is the statistics page to have a look Stats

- - -

If your husband has a job waiting for him can he apply for a work related visa? That might be an option for you guys.

- - -

If the work visa(s) is not an option, you are still able to visit whilst the CR-1 is being processed, but I believe your husband will not be able to work in the US.

Edited by BrittandDan

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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Your only choice is the CR-1 as mentioned above. He can continue to visit with his tourist visa in the meantime but not work. It'll be 7-9 months before that is possible.


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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