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

Her K1 visa is classified as a non-immigrant visa, once used, she can never re-use it again.

As soon as she enters the US, you have 90 DAYS to get married. If you don't get married within that timeframe, she will be OUT OF STATUS and can be deported anytime.

yes she can be deported, but the policy right now is not to deport unless you commit a serious crime.

so you don't need an immigrant visa to live in the USA.

Posted

Not at all ! If she has been approved and issued a K1 visa the marriage must take place in the U.S. If the marriage takes place outside the U.S. then you must begin all over again using the CR1 and the process will mean you are apart for a similar length of time before she is able to enter the U.S.

If you are saying she is using this as access to the U.S. but not intending to be with you, then you are correct in thinking you have been scammed.

Hope it works out for the best for you.

Oh, sorry for that..I am not saying to JUST marry her in her country because i know for K1 visa they should get married in the states..Is it ONLY limited in the states?..Can they not get married elsewhere before flying to the states?..The visa was issued already as what i have understood, so im assuming it wont hurt anything having the marriage in her country before flying to US, then another marriage ceremony in the US before the 90days expired

I-130 Submitted ---- 09/16/2011

NOA 1 ---- 09/21/2011

I-130 Approved ------ 04/30/2013

NVC Case Number -- 05/14/2013

Medical Exam ------ 05/28/2013

Case Complete ------- 08/06/2013

Interview -------- 09/09/2013

Visa Arrived ---------- 10/17/2013

POE SFO ------------- 10/21/2013

Delays maybe inevitable, but misery is optional!

Posted

Oh, sorry for that..I am not saying to JUST marry her in her country because i know for K1 visa they should get married in the states..Is it ONLY limited in the states?..Can they not get married elsewhere before flying to the states?..The visa was issued already as what i have understood, so im assuming it wont hurt anything having the marriage in her country before flying to US, then another marriage ceremony in the US before the 90days expired

Fine if the first "marriage" is ceremonial only, not legally binding. The purpose of a K1 is to enter the US for marriage, which means one of its conditions of use is going to be that you are unmarried upon entering. All visas come with conditions that can null them after they've been given.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Posted

Fine if the first "marriage" is ceremonial only, not legally binding. The purpose of a K1 is to enter the US for marriage, which means one of its conditions of use is going to be that you are unmarried upon entering. All visas come with conditions that can null them after they've been given.

Thank you for that info and i know that K1 is for fiancee/fiance entering in US and get married there ...but i still believe they can have a wedding in her country like the day before flying to US and have another one once she is there...I guess the CO wont know if they are already wed in her country upon entering and wont rebuked her visa...hmmmm...just my simple thought

I-130 Submitted ---- 09/16/2011

NOA 1 ---- 09/21/2011

I-130 Approved ------ 04/30/2013

NVC Case Number -- 05/14/2013

Medical Exam ------ 05/28/2013

Case Complete ------- 08/06/2013

Interview -------- 09/09/2013

Visa Arrived ---------- 10/17/2013

POE SFO ------------- 10/21/2013

Delays maybe inevitable, but misery is optional!

Posted

Thank you for that info and i know that K1 is for fiancee/fiance entering in US and get married there ...but i still believe they can have a wedding in her country like the day before flying to US and have another one once she is there...I guess the CO wont know if they are already wed in her country upon entering and wont rebuked her visa...hmmmm...just my simple thought

CO won't, maybe. But she'd have lied to an immigration officer which is very serious.

Plus, AOS will want to know where the marriage was and when.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Posted

Fine if the first "marriage" is ceremonial only, not legally binding. The purpose of a K1 is to enter the US for marriage, which means one of its conditions of use is going to be that you are unmarried upon entering. All visas come with conditions that can null them after they've been given.

Thank you for that info and i know that K1 is for fiancee/fiance entering in US and get married there ...but i still believe they can have a wedding in her country like the day before flying to US and have another one once she is there...I guess the CO wont know if they are already wed in her country upon entering and wont rebuked her visa...hmmmm...just my simple thought

I-130 Submitted ---- 09/16/2011

NOA 1 ---- 09/21/2011

I-130 Approved ------ 04/30/2013

NVC Case Number -- 05/14/2013

Medical Exam ------ 05/28/2013

Case Complete ------- 08/06/2013

Interview -------- 09/09/2013

Visa Arrived ---------- 10/17/2013

POE SFO ------------- 10/21/2013

Delays maybe inevitable, but misery is optional!

Posted

CO won't, maybe. But she'd have lied to an immigration officer which is very serious.

Plus, AOS will want to know where the marriage was and when.

I guess when they will get married in the US too after entry before the 90 expire, they can use that place and date of marriage...

I-130 Submitted ---- 09/16/2011

NOA 1 ---- 09/21/2011

I-130 Approved ------ 04/30/2013

NVC Case Number -- 05/14/2013

Medical Exam ------ 05/28/2013

Case Complete ------- 08/06/2013

Interview -------- 09/09/2013

Visa Arrived ---------- 10/17/2013

POE SFO ------------- 10/21/2013

Delays maybe inevitable, but misery is optional!

Posted

I guess when they will get married in the US too after entry before the 90 expire, they can use that place and date of marriage...

Yes. I think we may be misunderstanding each other. So long as any "marriage" that takes place outside of the USA is *not the legally binding marriage* it's fine. They can have a ceremonial marriage only, no paperwork. If they have a marriage outside of the USA she will be lying on her entry and have voided her K1. They must not do that. They must only be legally married for the first time in the USA for their K1.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Posted

Yes. I think we may be misunderstanding each other. So long as any "marriage" that takes place outside of the USA is *not the legally binding marriage* it's fine. They can have a ceremonial marriage only, no paperwork. If they have a marriage outside of the USA she will be lying on her entry and have voided her K1. They must not do that. They must only be legally married for the first time in the USA for their K1.

Ok, i dont have to discuss more..in the end, we could only believe to the ones who did it before like a friend of mine in K1 visa...got married in the Philippines after the visa arrives then they flew together after 3 weeks to the US and got married there too just last December..Too bad they are not a member of Visajourney...

I-130 Submitted ---- 09/16/2011

NOA 1 ---- 09/21/2011

I-130 Approved ------ 04/30/2013

NVC Case Number -- 05/14/2013

Medical Exam ------ 05/28/2013

Case Complete ------- 08/06/2013

Interview -------- 09/09/2013

Visa Arrived ---------- 10/17/2013

POE SFO ------------- 10/21/2013

Delays maybe inevitable, but misery is optional!

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

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