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Isa & Lucas

90 day marriage

By Isa & Lucas in K-1 Fiance(e) Visa Process & Procedures

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Isa & Lucas Newbie

Isa & Lucas   0

Posted
Filed: K-1 Visa Country: Argentina
 Timeline
Posted

What happens if we do not get married within 90 days? My fiance is in USA and I had to leave to go visit my sick mother in another country. I do not know if I can come back before our 90 days are up. My mother is on her death bed and I do not want to leave her. What happens if we pass the 90 days? Does my fiance need to return to Argentina or can we refile after we get married and he stays with me in the USA?

Thank you for your help.

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted (edited)

so you are already out of the USA, that K-1 visa holder is IN the USA.

Worst Case scenario - marry past the 90 day window and then

file the I-130 + the I-485.

Good Luck !

Edited by Darnell

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

 

Isa & Lucas Newbie

Isa & Lucas   0

Posted
Filed: K-1 Visa Country: Argentina
 Timeline
  • Author
Posted

Yes I am already in Spain. I had to leave a week after my fiance arrived here. He is with my family (dad's side). He told me take my time be with my mother since that is what matters. But I am nervous that he will have to back to Argentina for another 8 months. I mean either way I am staying with my mother but I just wanted to know if he could stay here as I file for the I-130 and the I-485.

Darnell thank you so much for your answer. I truly appreciate all the help.

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

In this type of situation it is possible to have the embassy reissue the visa. It's not very common. Have him contact the embassy and learn what can be done. Once you have that info then you two can plan accordingly.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Moomin Proficient

Moomin   292

Posted
Filed: AOS (apr) Country: Denmark
 Timeline
Posted

Marriage after the 90 days is fixable, more expensive and will guarantee an interview. It's the route Darnell suggested. Remember all supporting forms and documents for both the i-130 and i-485. You need the i-130 because your fiancee isn't adjusting based on the approved i-129f

If your fiancee leaves the US, she cannot adjust her status one way or the other. Sorry about your situation, simply awful. :( Take care of your mom. I think the aforementioned is a solution because it's legal and because you can stay together and support each other after you return.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

 
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