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Scott Y

Need help k-1 or something else

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

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Scott Y Newbie

Scott Y   0

Posted
Filed: Timeline
Posted

My finacee has been in the US since 2009 she was on a student visa then a temp work visa ( i met her here). They denied renewal of her work visa (happened yesterday), and told her she has to go back to canada in 7 days. We have been living together since June, all her stuff is here her car is her etc etc. What do we do? Does she fly back to Vancouver and live with her parents for 6 months while a I129-F and K1 get processed? Or can we just get married now since she is still here at the moment. Then file a I-130 or will that cause some issues.

Operator Experienced

Operator   1,927

Posted
Filed: Other Country: China
 Timeline
Posted

Look at it from the point of view of the person who has to review your I-130. She is told to leave the US within a week and immediately gets married....could be an issue.

I would suggest she heads back up North and you either file for a K-1 or get married in Canada and file for a CR-1.

Either way good luck to you both! You've come to the right place for guidance.

baron555 Veteran

baron555   934

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

Look at it from the point of view of the person who has to review your I-130. She is told to leave the US within a week and immediately gets married....could be an issue.

I would suggest she heads back up North and you either file for a K-1 or get married in Canada and file for a CR-1.

Either way good luck to you both! You've come to the right place for guidance.

I agree. You can marry at any time, but when she goes to adjust status for her GC, the circumstances will look very fishy.

I agree that she goes back......but plan for more like 9 months away and not 6.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted (edited)

As she had no plans to immigrate/ stay when she entered you can apply for adjustment of status if you were to marry. Or you can marry and persistent the CR-1 or as you mentioned you could do the K-1.

Take a look at the guides section above and the comparison tool to work out which is the best option for you.

Edited by Xanax

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

Operator Experienced

Operator   1,927

Posted
Filed: Other Country: China
 Timeline
Posted

Isn't this by definition marriage for immigration purposes? Work visa renewal is denied, told to leave the country, decide to get married instead and file for AOS.

OP I'm not judging you or your lady, I don't think either of you have intentions of doing anything illegal and I don't doubt the validity of your relationship, it's not my point at all. The system is what it is and there are many paths to a common goal. My opinion (FWIW) is that this could possibly cause her trouble in the future. Hopefully the person who reviews the AOS application or ROC application in the future will have the same view as the person who gave you the advice to get married. It would be great if they gave it to you in writing!

Again good luck and keep VJ updated on your progress.

C-ma'am Experienced

C-ma'am   684

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

Isn't this by definition marriage for immigration purposes? Work visa renewal is denied, told to leave the country, decide to get married instead and file for AOS.

OP I'm not judging you or your lady, I don't think either of you have intentions of doing anything illegal and I don't doubt the validity of your relationship, it's not my point at all. The system is what it is and there are many paths to a common goal. My opinion (FWIW) is that this could possibly cause her trouble in the future. Hopefully the person who reviews the AOS application or ROC application in the future will have the same view as the person who gave you the advice to get married. It would be great if they gave it to you in writing!

Again good luck and keep VJ updated on your progress.

I agree with this.

Click to see my K1, AOS, ROC & Naturalization Timelines

Xanax Proficient

Xanax   349

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

So we just took a trip to the immigration office. I made an appointment for information. We explained the situation and they said go get married it's fine.

See my answer above. Good luck.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

 
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