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Filing K3 while in US on VWP?

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I'd like to know if the following is possible or even legal for that matter:

My fiancee is coming to the US under the VWP in Sept. He is staying for 88 days (will have a return ticket for Dec). We have been thinking about marrying while he is here for those 3 months. So is it possible to lets say marry in Sept and file the I-130 while he is still here and also file the I-129F while he is still in the US (well depending on processing times)?

He still plans to leave the US in Dec (he has tests for school he must return for). He would then remain in the Netherlands waiting for either his K3 visa or the IR-1 / CR-1 visa to be approved before returning.

So he does plan to leave the US before the 90 day period but is it legal to file the I-130 and I-129F while he is still here? Or should we wait until he leaves to file them. We are trying to work things out so we are apart the shortest time possible (and no a K1 will not work for us as he needs to be able to travel back and forth for school over the next 1yr while adjusting status).

Any answers would be appreciated :)


<3 Timeline <3

09/28/12~ Wedding day :)

09/29/12~ Sent off I-130

10/02/12~ I-130-NOA1

~~~~~~~~~~~~~~~~~~~~

11/23/12~ Filed I-485 to Adjust in the US (medical emergency)

11/29/12~ I-485/I-765 - NOA1

01/04/13~ Biometrics Appt

01/09/13~ Text/Email informing us interview letter is on the way! :)

01/24/13~ Text/Email EAD APPROVED!/I-130 APPROVED! :)

02/19/13~ Interview- APPROVED on the spot :)

Waiting for card now...

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No, there is no problem with filing while he is in the US, as long as he does not overstay. But forget the K3. To all intents and purposes that visa is obsolete. Your best bet is the CR1 (IR1 is for those married more than two years). It's a much better visa than the K3 anyway because he will be issued with a green card on arrival so will have no problem with traveling.

Edited by cathy2904

01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

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what city do you intend to FILE the I-130 to ?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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Thank you.

I live in Chicago.....I believe I can send it to the lock box here correct?


<3 Timeline <3

09/28/12~ Wedding day :)

09/29/12~ Sent off I-130

10/02/12~ I-130-NOA1

~~~~~~~~~~~~~~~~~~~~

11/23/12~ Filed I-485 to Adjust in the US (medical emergency)

11/29/12~ I-485/I-765 - NOA1

01/04/13~ Biometrics Appt

01/09/13~ Text/Email informing us interview letter is on the way! :)

01/24/13~ Text/Email EAD APPROVED!/I-130 APPROVED! :)

02/19/13~ Interview- APPROVED on the spot :)

Waiting for card now...

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We did the exact Same thing .dont. worry about the

I 129. Concentrate on. the i 130. You will be fine .


08/2006 met in GA, U.S.

05/2007 Antje had to go back to Germany

10/2009 got engaged in TN

12/31/2009 got married

1/7/2010 I-130 sent

1/9/2010 I-130 delivered

1/13/2010 check cashed

1/15/2010 NOA 1

3/18/2010 NOA 2

jA5hp1.png

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I'd like to know if the following is possible or even legal for that matter:My fiancee is coming to the US under the VWP in Sept. He is staying for 88 days (will have a return ticket for Dec). We have been thinking about marrying while he is here for those 3 months. So is it possible to lets say marry in Sept and file the I-130 while he is still here and also file the I-129F while he is still in the US (well depending on processing times)? He still plans to leave the US in Dec (he has tests for school he must return for). He would then remain in the Netherlands waiting for either his K3 visa or the IR-1 / CR-1 visa to be approved before returning.So he does plan to leave the US before the 90 day period but is it legal to file the I-130 and I-129F while he is still here? Or should we wait until he leaves to file them. We are trying to work things out so we are apart the shortest time possible (and no a K1 will not work for us as he needs to be able to travel back and forth for school over the next 1yr while adjusting status).Any answers would be appreciated :)

Your only problem is that the K3 visa is obsolete. He won't get it, simply because it no longer exists any other place than in theory. Forget about the I-129f, it's a waste of time and effort.

If you focus on the I-130, your plan sounds fine. There is nothing wrong with sending off the I-130 while he's in the US. And yes, Chicago Lockbox would be the appropriate lockbox to send it to.

Once he is issued a CR-1 visa, he gets the permanent resident stamp in his passport on entry, and can travel freely to and from the US on that. Be advised though that multiple long stays outside the US may jeopardize his permanent resident status in the US if they consider him to be living in the Netherlands.

Edited by jaejayC

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Once he is issued a CR-1 visa, he gets the permanent resident stamp in his passport on entry, and can travel freely to and from the US on that.

CBP no longer puts "permanent resident stamps" in passports for CR-1 visa holders. There is an annotation at the bottom of the visa that states, "Upon endorsement serves as temporary I-551 valid for one year." The "endorsement" is the standard CBP admission stamp that will be stamped on the page next to the visa with some information written in the fields. It is this combination that serves as the temporary green card until the actual green card arrives in the mail.


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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CBP no longer puts "permanent resident stamps" in passports for CR-1 visa holders. There is an annotation at the bottom of the visa that states, "Upon endorsement serves as temporary I-551 valid for one year." The "endorsement" is the standard CBP admission stamp that will be stamped on the page next to the visa with some information written in the fields. It is this combination that serves as the temporary green card until the actual green card arrives in the mail.

I stand corrected.

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Thank you everyone :)

His stays outside the US are usually no longer then 1-1.5 months and from the time we get married until he gets his green card there will only be one of those stays (he will hopefully be graduating in Spring '13). He only goes back for testing but the way the school spaces out the tests some times its only one test a week over a month period.


<3 Timeline <3

09/28/12~ Wedding day :)

09/29/12~ Sent off I-130

10/02/12~ I-130-NOA1

~~~~~~~~~~~~~~~~~~~~

11/23/12~ Filed I-485 to Adjust in the US (medical emergency)

11/29/12~ I-485/I-765 - NOA1

01/04/13~ Biometrics Appt

01/09/13~ Text/Email informing us interview letter is on the way! :)

01/24/13~ Text/Email EAD APPROVED!/I-130 APPROVED! :)

02/19/13~ Interview- APPROVED on the spot :)

Waiting for card now...

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Thank you.

I live in Chicago.....I believe I can send it to the lock box here correct?

ok - sorry, i get confused with many things regarding travel and city

so - ultimately he is to interview outside of usa for a visa. got it.

if you are already married, I say file the I-130 this week.

If future scheduling issues for the visa interview, he can reschedule.

Good luck (and forget the I-129F, it's a waste of time, effort and money)


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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