Jump to content
Sign in to follow this  
Skyler and Silvia

Getting married on B-2 while waiting for K-1

6 posts in this topic

Recommended Posts

Hello board, I've been lurking for a while trying to gain knowledge, but haven't been able to find anything through Google that addresses this specific issue.

My girlfriend (Colombian) and I (American) have been dating since she was here on an F-1 visa from January 2011. She left the country at the end of the semester in mid-April, but we've continued our relationship through Skype and such and are thinking about getting married. A couple of the timeframes we had tossed around were October/November or February/March of next year. As I've looked into the K-1 visa, my understanding is that it takes about 8 months from first filing before she can actually come here to get married, correct?

She also has a B-2 travel visa good to enter for a few years. My understanding is that if she enters on the B-2 to get married and then file an AoS that is a big no-no (based on the intent). The wisest course of action - as I understand it - is to wait on the K-1 visa. The scenario (and question, now that I finally rambled into it) is this: Can we file all the paperwork and such for the K-1 visa, have her enter on the B-2, get married, then have her catch a flight back to Colombia and bounce right back on the K-1 when it is ready? That way she never enters on the B-2 with the intent to stay, but I'm unfamiliar enough with the process to know if this is even feasible. Any enlightenment you fine folks can give me is greatly appreciated!

Share this post


Link to post
Share on other sites

Hello board, I've been lurking for a while trying to gain knowledge, but haven't been able to find anything through Google that addresses this specific issue.

My girlfriend (Colombian) and I (American) have been dating since she was here on an F-1 visa from January 2011. She left the country at the end of the semester in mid-April, but we've continued our relationship through Skype and such and are thinking about getting married. A couple of the timeframes we had tossed around were October/November or February/March of next year. As I've looked into the K-1 visa, my understanding is that it takes about 8 months from first filing before she can actually come here to get married, correct?

She also has a B-2 travel visa good to enter for a few years. My understanding is that if she enters on the B-2 to get married and then file an AoS that is a big no-no (based on the intent). The wisest course of action - as I understand it - is to wait on the K-1 visa. The scenario (and question, now that I finally rambled into it) is this: Can we file all the paperwork and such for the K-1 visa, have her enter on the B-2, get married, then have her catch a flight back to Colombia and bounce right back on the K-1 when it is ready? That way she never enters on the B-2 with the intent to stay, but I'm unfamiliar enough with the process to know if this is even feasible. Any enlightenment you fine folks can give me is greatly appreciated!

Short answer: No.

The K-1 is for fiancé(e)s to enter the U.S. You can't get married before receiving the K-1 visa. Instead, you'd have to apply for the CR-1/IR-1 visa for spouses to allow her to join you in the U.S.

Please read the comparison chart: http://www.visajourney.com/content/compare


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

Share this post


Link to post
Share on other sites

K-1 is for fiance(e) only. If you get married, file for CR-1. She'll have to return to her country, but it's your choice: file for K-1 and wait while you are engaged and apart ; file for CR-1 and wait while you are married and apart. Or move to her country to wait it out with her. :)


El destino me ha unido a vos.


I-129F K1 Visa Process
[01.18.2012] Sent I-129F Petition
[01.20.2012] NOA1
[06.13.2012] NOA2 - no RFE's
[07.09.2012] Petition received at NVC; case number assigned
[07.11.2012] Petition sent to Honduras consulate
[07.13.2012] Consulate received petition package
[08.07.2012] Received interview date & Packet 4 in email
[10.10.2012] Interview smile.png - APPROVED!
[10.18.2012] POE Houston
[10.29.2012] Marriage <3

I-485 AOS Process
[12.14.2012] Sent I-485 Package with I-765
[12.19.2012] NOA1
[12.24.2012] Biometrics letter received
[01.02.2013] RFE notice
[01.05.2013] RFE hardcopy received
[01.07.2013] Biometrics appointment
[03.04.2013] RFE sent back to USCIS
[03.19.2013] EAD approved
[03.27.2013] EAD arrived in the mail

[09.21.2013] I-485 approved

[09.26.2013] Green card sent in mail

Share this post


Link to post
Share on other sites

If you file for a fiancee visa, and get married while the process is going on, you will have to stop that and have to file fresh for a spouse visa. The overall process might take longer since I'm sure you will be asked about why you applied for fiancee in first place and they might need additional supporting documents for your answers or intentions. I would suggest decide on one or the other from the beginning and stick to that process till completion. The outcome will be the same, you guys will end up together heart.gif


stock-photo-one-caucasian-couple-man-kneeling-offering-engagement-ring-and-woman-happy-surprised-in-studio-86590834.jpg

11/02/2011 Engaged

11/28/2011 Mailed I-129F

12/02/2011 NOA1 Received Text Notification

12/06/2011 NOA1 Received Hard Copy

04/26/2012 RFE Received Text Notification

04/30/2012 RFE Received Hard Copy

05/01/2012 RFE Response Sent

05/02/2012 RFE (USCIS) Reviewing Response

05/16/2012 NOA2 Received Text Notification

05/21/2012 NOA2 Received Hard Copy

06/25/2012 NVC Received

06/27/2012 NVC Left

07/06/2012 Packet 3 Received

07/12/2012 Medical Examination

07/16/2012 Packet 3 Sent

08/10/2012 Packet 4 Received

08/29/2012 Interview Date

08/29/2012 APPROVEDheart_beating_final.gif

09/18/2012 Traveling to US

09/26/2012 Courthouse Wedding

10/11/2012 NOA1 for GC and EDA

11/05/2012 Biometrics

Share this post


Link to post
Share on other sites

Short answer: No.

The K-1 is for fiancé(e)s to enter the U.S. You can't get married before receiving the K-1 visa. Instead, you'd have to apply for the CR-1/IR-1 visa for spouses to allow her to join you in the U.S.

Please read the comparison chart: http://www.visajourney.com/content/compare

:thumbs:


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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.
×