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K1 visa

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

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Rjoyjoy Newbie

Rjoyjoy   0

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

Hi Vjers,

I want to share to you my situation and ask an idea about our K1 visa.

I went to US August 2010 for a fiance Visa but me and my Fiance didn't get along well he didnt marry me.

So I stay at my aunt's in US while staying with her I know and meet a guy a friend of her and we make friends.

But after the friendship we fall inlove each other and he dont want me to go back home so he marry me and we thought that he can change my status into permanent resident but it was not so i go back home and we reapply a petition for my visa to be able to come back in USA. I went back home February 19 2011 I stay in USA for 6 months through the fiance visa. So now i am t my home country we filed a petition dec.2010 before i go back home and now its been 1 year and 6 months when i left USA and We are wondering why it is that it takes too long? Its been 1 and 6 months and no progress of the petition. we live separately i live here in my home country and he lived in USA and he dont have a plan to visit me here because he just want to wait me there he is very busy with his work and no time to visit here but i understand anyways we always chat and talk online everyday.

I have a question.

Why it is the reapply spuose visa takes too long?

It is needed for him to come here and visit me in my home country?

Do i still have a chance to come back in his country since i came there for fiance visa with other guy and marry other USC?

Anyone here has the same experience in me? Can i ask your idea or comments?

Sincerely,

RJoy

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Anh map
Anh map

Someone is not telling the truth. Either the attorney or the husband.

del-2-5-2014
del-2-5-2014

Hmmmm.... http://www.visajourney.com/forums/topic/278501-divorce-after-1-month-in-uslong-sad-story/ http://www.visajourney.com/forums/topic/285977-i-need-your-advice-and-i-will-appreciate-it-if-you-

didopage
didopage

I guess the first link gives us an answer.

Que Saudade Proficient

Que Saudade   284

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

What Visa did you apply for in Dec 2010 before you left back to your country?

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

KayDeeCee Grand Master

KayDeeCee   4,900

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

As you found out, you cannot adjust status with anyone else other than the original petitioner of your K-1. You stated you stayed in the US on your K-1 visa for 6 months. I just want you to be aware that you overstayed. You are given an I-94 when you arrive in the US with a K-1 visa. The I-94 is only valid for 90 days. You were out of status and accumulated overstay for any of the time you stayed past your I-94 expiration date.

I do not know anything about why it would take so long for your spousal visa petition to get processed. Your husband would have to check with the USCIS to ask about your case.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Anh map Grand Master

Anh map   2,098

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

Good question, what did your spouse file for?

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

Rjoyjoy Newbie

Rjoyjoy   0

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

As you found out, you cannot adjust status with anyone else other than the original petitioner of your K-1. You stated you stayed in the US on your K-1 visa for 6 months. I just want you to be aware that you overstayed. You are given an I-94 when you arrive in the US with a K-1 visa. The I-94 is only valid for 90 days. You were out of status and accumulated overstay for any of the time you stayed past your I-94 expiration date.

I do not know anything about why it would take so long for your spousal visa petition to get processed. Your husband would have to check with the USCIS to ask about your case.

He has immigration lawyer and the lawyer always says no respond from the USCIS yet.

What Visa did you apply for in Dec 2010 before you left back to your country?

Good question, what did your spouse file for?

K1 visa or a spouse visa.

Moomin Proficient

Moomin   292

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

Did your husband receive a NOA1(receipt) for the petition he sent? Try going on USCIS's webpage and check case status with the case number. If nothing has happened since it was accepted, it should be in intial review. Otherwise, call USCIS and inquire about the petition - sometimes, the online status doesn't update but most importantly, your husband has to be on top of the situation when and if he has to submit documents

When it takes longer than usual, it's normally due to background checks. They are performed no matter what but if anything comes up, it'll take longer. Processing times are up and down. Which forms were sent with the most recent petition?

What doesn't make any sense is that you post in the K1 forum. When you're married, you're going through the cr-1/ir-1 route.

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.

Anh map Grand Master

Anh map   2,098

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

He has immigration lawyer and the lawyer always says no respond from the USCIS yet.

If the petition was filed in December of 2010 I find that hard to believe.

K1 visa or a spouse visa.

That is not possible. Two separate petitions with 2 separate fees. So you need to find out what was actually filed and then move forward.

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

He has immigration lawyer and the lawyer always says no respond from the USCIS yet.

K1 visa or a spouse visa.

:blink: K1 would de denied on the spot ince you're married.

The lawyer has to have received a receipt when the petition was accepted at USCIS. Contact your lawyer ASAP and get a copy of the receipt.

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.

Que Saudade Proficient

Que Saudade   284

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

Ask your husband to scan a copy of the NOA1 for your petition so that you can see it. All petitions get a NOA1, it is just the letter stating they received the petition. Once you have that scan, then you can relay more information to people here on Vj in order to give better suggestions.

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

Anh map Grand Master

Anh map   2,098

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

Someone is not telling the truth. Either the attorney or the husband.

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

Darnell Grand Master

Darnell   8,479

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

you have copy of receipt notice, formletter I-797-C ? if so, hit the uscis website, and check casefile status using the receipt number.

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 !

 

Que Saudade Proficient

Que Saudade   284

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

Someone is not telling the truth. Either the attorney or the husband.

I have to agree with you Anh. That is why I suggested that Rjoy get a scan of the NOA1 so that she could see it for her own eyes. Something very strange going on here.....

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

KayDeeCee Grand Master

KayDeeCee   4,900

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

He could not have filed for a K-1, since that is only for unmarried, engaged couples. He would have needed to file an I-130 petition because you are already married.

He would have heard something, anything already if you filed 20 months ago. I agree with the strangeness.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

didopage Experienced

didopage   337

Posted
Filed: Citizen (pnd) Country: France
 Timeline
Posted

I guess the first link gives us an answer. :pop:

K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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