Filing K3 while in US on VWP?

[Jlet 0]

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

[cathy2904 97]

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 To all intents and purposes that visa is obsolete.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 May 28, 2012 by cathy2904

[Darnell 8,478]

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

[Jlet 0]

Thank you.

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

[Antje/Terry 1]

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

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

[jaycali 415]

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 May 28, 2012 by jaejayC

[Ryan H 3,790]

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.

[jaycali 415]

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.

[Jlet 0]

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.

[Darnell 8,478]

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)