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Jaerik

CR-1 or K-3 so confused!

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Hi all,

Here is my situation. I have been seeing my wife off and on for 10 years. In February I went to Canada to see her and bring her back with me for a visit. It had been a few years since we had seen each other. She is here in the states with me on a vwp. We hadn't planned it, but we decided to take the leap and get married. We got married June 19th, and her vwp time expires on the 8th of August. We want to stay in the states so we know she needs a visa but honestly I am confused as to which one we should file. We would like her to be able to stay here as my ability to travel to Canada is limited with my course load in school. Any advice or help would be really appreciated.

Thanks,

James

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Is she prepared now to stay here and not leave for at least the next three months? If so, no visa needed. File to adjust her status (make sure you file for ead/ap with it).....she can legally stay here while it's being processed.

http://www.visajourney.com/content/i130guide2

Edited by Shauneg

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Don't we have to prove she didn't come with the intent to get married to do that?

There is nothing you can directly show that it wasn't the intentions. You are free to search on here for cases like this all the time. Yes, you cannot come get married and intend to live, you are right about that. The border patrol determined her intent when they let her in the country...and they did not a risk in her intending to stay. I understand you're cautious going forward with this so read through the forum.

To answer your original question a K-3 does not exist anymore and you could file a CR-1 for her even while she is still here. She won't be permitted to stay here though and must go home. She technically will still be able to come visit you, but each time they will determine her intentions at the border and she isn't promised entry. That''s why I asked if she is in a position to just stay and adjust. If you go the CR-1 route it takes anywhere between 8-12 months.

Research those two options and make your call.

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Don't we have to prove she didn't come with the intent to get married to do that?

No

How could you do that anyway?

I doubt you mean VWP.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Canadians dont use the VWP.

Either way, if she's in the USA now, adjust her status.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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**Post importing drama (since removed) from other threads removed. Answer the OP's questions without extraneous commentary.**


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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

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