Jump to content
Sign in to follow this  
195

How does K1 work if she already has visa?

6 posts in this topic

Recommended Posts

In light of my previous thread, what if the person I want to marry already has a tourist Visa but we marry in her country? Would she be allowed to return to the US with me on her tourist Visa still during the waiting period? What are her options to get her some sort of residency status and still be allowed to live in the US during the processing time?

Also a big question: Is it better that she already has some sort of Visa or better that she does not? Or is it irrelivent?

I'm not trying to defraud any system. I have a lot of time and options on my hands with this sitation so I just want to take the most painless and beneficial route.

Edited by 195

AOS, AP:

02-09-07 - Legally Married

02-20-07 - AOS and AP mailed to Chicago

02-27-07 - NOA1

03-15-07 - Biometrics done

03-19-07 - AP Approved (AP was expedited. Emergency Advance Parole done at the immigration office)

03-26-07 - AOS Interview on 5/17

Advance Parole Approved in under 30 days.

Just under 90 days from AOS filing to AOS interview. Not bad! :)

Share this post


Link to post
Share on other sites

In this case, I'd suggest you contact a good immigation attorney for a consultation. You can usually do this inexpensively by calling the "Layers Referral Service" and securing an initial consultation for a very low fee. Last time I checked it was around $30.

Bill


I-129f Journey:

2006-07-17 I-129F sent to CSC

2006-07-24 NOA1 (received)

2006-10-05 RFE (received)

2006-10-06 RFE (returned to CSC)

2006-10-23 NOA2

2007-01-29 Visa Approved!

2007-02-17 Ceremony in Thailand

2007-02-21 POE LAX - Fiance and her daughter enter the USA together, Easy-Peasy!

2007-03-05 Wedding in USA

AOS Journey:

2007-06-07 AOS for spouse and daughter sent

2007-06-16 NOA's arrive, (issued on the 13th)

2007-07-05 Biometrics

2007-07-13 Received RFE (Mailed on July 3rd)

2007-08-06 Returned RFE

2007-10-16 Interview date

2007-10-27 Green Cards Received!

ROC (I-751) Journey:

2009-07-24 Joint I-751 for spouse and daughter sent

2009-08-03 Received NOA1 dated 7/27/09

2009-08-03 Received Receipt and one year extension for wife

2009-08-03 Received "Verification Of Incusion Of A Dependent" for step-daughter

2009-08-27 Biometrics

2009-11-13 Green Cards Received

Citizenship Journey:

Share this post


Link to post
Share on other sites
In this case, I'd suggest you contact a good immigation attorney for a consultation. You can usually do this inexpensively by calling the "Layers Referral Service" and securing an initial consultation for a very low fee. Last time I checked it was around $30.

Bill

Sorry I posted this thread as a K1 when I meant K3. it's in the wrong forum. mods please delete.

Thanks!


AOS, AP:

02-09-07 - Legally Married

02-20-07 - AOS and AP mailed to Chicago

02-27-07 - NOA1

03-15-07 - Biometrics done

03-19-07 - AP Approved (AP was expedited. Emergency Advance Parole done at the immigration office)

03-26-07 - AOS Interview on 5/17

Advance Parole Approved in under 30 days.

Just under 90 days from AOS filing to AOS interview. Not bad! :)

Share this post


Link to post
Share on other sites
In light of my previous thread, what if the person I want to marry already has a tourist Visa but we marry in her country? Would she be allowed to return to the US with me on her tourist Visa still during the waiting period? What are her options to get her some sort of residency status and still be allowed to live in the US during the processing time?

Also a big question: Is it better that she already has some sort of Visa or better that she does not? Or is it irrelivent?

I'm not trying to defraud any system. I have a lot of time and options on my hands with this sitation so I just want to take the most painless and beneficial route.

Hello,

She would not be allowed and should not travel on the tourist visa. The cleanest way is to get the K-3 visa or if her country's US consulate does allow you DCF then that is the fastedt way for her to get to the US.

Another way would be that you file for the K-1 visa and get her in 6-7 months time in the US

Share this post


Link to post
Share on other sites
In light of my previous thread, what if the person I want to marry already has a tourist Visa but we marry in her country? Would she be allowed to return to the US with me on her tourist Visa still during the waiting period?

You'll only know if they apply for a tourist visa - and getting one is extremely hard in Brazil. Consular officers have discretionary powers to either deny or approve applications and from what I've heard, they'll deny them if they have any reason to suspect the applicant has any intention of staying in the U.S. for good, no matter how much evidence of strong ties to Brazil they bring for the interview. Also, I've heard some horror stories of people being denied entry at POEs, even if they've had their visas and documents to show they'd return to Brazil.

She would not be allowed and should not travel on the tourist visa.

This is not necessarily true. See: http://www.visajourney.com/forums/index.ph...mp;page=k1visit

However, in the case the OP's describe, it might be proven right. I'd advise the OP to search for Brazilians' experiences when applying for tourist visas, so they'll get a better picture of how things work here as far as getting tourist visas go.

Edited by Mew

I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×