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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hi, I just got off the phone with a USCIS agent and I'm confused about what she said, so please help me out...

My original plan:

My fiance has an annulment case that may finish this year. After that is done, we plan to get married in her country (Philippines) then file for her CR-1 Visa. If everything goes well she should be here in the U.S. in 6-9 months.

What USCIS said:

"Once you two are married, your spouse could file for a Tourist Visa to get her here faster. She should not have trouble getting a Tourist Visa since you are married, you are a US Citizen, able to financially support her, and that you intend to immigrate her here anyway. Once she is in the US, she can file for an adjustment of status to stay permanently."

What I think:

That seems to contradict everything I've read about Tourist Visas. In order to get a Tourist Visa, she needs to provide proof that she will NOT overstay her visit. If we are married, isn't that more of a reason for her to overstay? Also, I didn't think you could file for adjustment of status while on visit only? I think the USCIS agent doesn't know what she's talking about...

Given the length of time we have to wait for the annulment + CR-1 processing time, I was merely looking for a way to be with my family sooner while waiting for the paperwork to process. What do you guys think???

12-01-2014: Sent I-129F package via FedEx

12-03-2014: Package arrived at TSC

12-08-2014: Check cashed

12-12-2014: NOA1 hard copy

01-23-2015: USCIS status: Case was Approved

01-30-2015: NOA2 hard copy

02-02-2015: USCIS sent K1 package to NVC

02-10-2015: NVC received K1 package

02-11-2015: Date that NVC supposedly assigned case number

02-18-2015: Called NVC and asked for case number

02-23-2015: Paid MRV Fee

03-02-2015: Scheduled USEM interview appointment

03-02-2015: NVC letter received

03-09-2015: Medical interview

04-23-2015: USEM interview, got 221g email, CEAC status: Immigrant AP

04-28-2015: CFO Seminar, sent 221g response

04-29-2015: USEM received 221g response

04-30-2015: CEAC status date updated

06-17-2015: CEAC status: Non-Immigrant Ready

06-27-2015: CEAC status: Non-Immigrant AP

07-01-2015: Visa in hand! (CEAC still AP lol)

 

Posted

Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud.

If you were advised to do this by a USCIS agent then you should make a formal complaint immediately, because what they are advising you to do is illegal.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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

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