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B and E

Choosing a K visa?

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Filed: Citizen (pnd) Country: Ghana

Hi everyone,

I'm an american citizen, and my girlfirend of over a year and a half is currently on an F-1 visa that will be expiring in january. She will have to return to west africa. We were wondering about whether to choose a K-1 visa, K-3 Visa, or even doing an AOS from an F-1 visa that she would be getting next fall. We were discussing if she were to get into a masters program or a phd program if it would be possible for her to file for an adjustment of status from an F-1 after 90 days of entry, how long is necessary before it would be best to apply for AOS if she came back on an F-1? Also, would she need to remain in school if she were to file for AOS?

We also discussed if she were not to get into a school program, but for me to file a K-1 visa after i graduate this spring and get a job. Is a K-1 visa preferable to us going to the courthouse, her leaving, and me filing a K-3 after i get my job? While the K-3 requires more documentation we are unsure whether it would be easier. We are unmarried and do not have joint property, and we would also be living apart, so it would be difficult to show joint ownership. We have many pictures, text, emails, holiday and birthday cards, and friends that could provide support to help prove a bona fide marriage. Would all of that and a court wedding be sufficient to show a bona fide marriage? We also thought about having a traditional wedding in her country while i was on spring break in addtion to an american court wedding.

What is the better alternative between a K-1 and a K-3? Or even an AOS from an F-1? Thanks for your help

-B and E

K1-AOS Journey

February 29th, 2016: Mailed AOS package (I-485, I-765, I- 131) [Day 0]

March 1st,2016: AOS package arrived at Chicago Lockbox [Day 1]

March 7th, 2016: Received NOA1 E-Notification by Email Only ( All 3 forms) [Day 7]

March 12th,2016: Hardcopy NOA1 received by mail [Day 12]

March 14th,2016: Able to check I-485 and I- 131 case status on USCIS website BUT NOT I-765 [Day 14]

March 25th,2016: Received Biometrics Appointment Letter in mail (Letter did NOT have I-765 receipt # ONLY I-485 ) [Day 26]

April 5th, 2016: Biometrics Appointment (Code 3 ONLY for I-485) [Day 36]

April 11th,2016:Finally able to check I-765 case status on USCIS website for the FIRST time [Day 42]

April 21st, 2016: Got letter in mail saying my I-485 biometrics would be used for my I-765 application [Day 52]

May 16th, 2016: Did service request for EAD taking more than 75 days [Day 77]

June 17th, 2016: Case Status Changes to I-486 Interview Scheduled [Day 109 ]

June 20th, 2016: EAD Approved, New Card Being Produced, Advance Parole Approved(text and email sent several hours after EAD text ), I-485 Interview letter received by mail [Day 112]

June 22nd,2016: I-765 Status Changes to Card Mailed to me (text and email sent) [Day 114]

June 24th,2016: Received EAD/AP Combo card delivered to my door by USPS Priority Mail [Day 116]

July 25th, 2016: Interview Day! We were REFed for Birth Certificate [Day 147 ]

August 3rd, 2016: RFE response (Birth certificate) was delivered [Day 156]

August 10th, 2016: I-485 status changed to "New Card Bing Produced" 2pm [Day 163]

August 16th, 2016: Green card received by Priority mail !!! [Day 169] :dancing:

ROC I-751 Journey

May 15th, 2018: Mailed ROC package (I-751) [Day 0]

May 16th, 2018: Arrived at Vermont Service Center [Day 1]

June 1st, 2018: NOA1 I-797 Notice Date [Day 17]

June 4th, 12th,2018: Hardcopy NOA1 Postmarked  [Day 20]

June 15th, 2018: Biometric Appointment I-797C NOA Notice Date [Day 31]

June 20th, 2018: Biometric Appointment I-797C NOA Postmark Date [Day 36]

July 3rd, 2018: Biometrics Appointment [Day 49]

August 6th, 2018: 18 Month Extension Letter [Day 83]

August 10th, 2018: 18 Month Extension Letter Postmark Date [Day 87]

June 6th, 2019 Current Case Status Changes to Approved [Day 387]

June 8th, 2019 Card Produced [Day 389]

June 10th, 2019 Card Mailed [Day 391]

June 11th, 2019 Card Received in Mail [Day 392]:dancing:

N-400 Journey

May 4th, 2020: Filed N-400 Application Online [Day 0]

May 4th, 2020: NOA1 I-797 Notice Date [Day 0]

May 11th, 2020: Hardcopy NOA1 Postmarked  [Day 7 ]

September 22nd, 2020: N-400 Interview Passed, Oath Ceremony Completed, Received Certificate of Naturalization [ Day 141]

September 22nd, 2020: Journey Completed, I am now a citizen :) 

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Filed: Citizen (pnd) Country: Nigeria

The only one I can speak on is a k1. She would have to be in her country, then you would file for her. This is a fiancé visa. The k3 is obsolete. I would think that since she is a student, it would be best for you two to get married while she is here and she can AOS from F1. Good luck.

08/01/12-Married08/17/12-Applied for Social Security Card09/23/12-Husband received his Social Security card!09/27/12-Filed AOS09/28/12-AOS package received10/01/12-Text message from USCIS10/03/12-Check cashed10/09/12-NOA1 for I485,I765,I131 AND Biometrics Appointment Letter10/24/12-Biometrics Appointment12/11/12-EAD and AP Approved-75 days12/14/12-EAD/AP Card Production ordered12/21/12-EAD/AP Card came in the mail06/22/13-Green Card Approved06/27/13-Greed Card Production Ordered06/29/13-Green Card came in the mail<p>

04/09/15-Mailed ROC

04/10/2015-Package received

04/14/2015-Check cashed

06/02/2015-Called Service Center (still no NOA1) Service request found out wrong address on paperwork! :(

06/03/2015-Called to get address updated Ar11 online add change didnt work-got infopass for June 10th

06/10/2015-Went to info pass appt. Hubby got a 1yr. Extension stamp in his passport and biometrics done

08/12/2015-ROC Approved. Got letter in the mail.

08/29/2015-received new card in the mail.

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If she is in the US right now, your best course would be to AOS by marrying ASAP, then concurrently filing I-130, I-485, I-765 and I-131. She should have her AP by January if you marry and file right away.

If you do AOS, she can do whatever she wants once she has her green card (school, work, etc).

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