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wintersazure

Best visa for us?

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Hi, I'm new here. I'm a US citizen and my husband is a British citizen living in Scotland. We were just married May 23rd while he was here on a visitor visa waiver (he is still here, returning home on August 5th before his visa waiver expires). I read that because our wedding was planned prior to him entering the country, he could not change his status due to us getting married on a visitor waiver. So far I know I have to file an I-130 to bring him in, and I do not make the financial requirements (but my mom does and is happy to sponsor him). I have a few questions. First off, I heard that bringing a spouse in on the I-130 can take a year before he can actually come live with me. I've read some people say that after applying for the I-130, they applied for the K-3 spouse visa so their spouse can come live with them sooner. I have read mixed views on this visa. Some people said the K-3 processed quickly and their spouse was able to come live with them in the US within 3 months; others said that it was a waste and took as long as the I-130. Any advice on this?

Also, I currently live with my mother in NY. My husband and I would eventually like to move to Florida, once he gets in the country. Since my mother would be sponsoring him, do we need to live in the same state as her, or could we move to Florida?

One last question. Once I file the I-130, how long does it take until he can actually live in the country? Are we still allowed to visit each other during the processing time?

Thank you so much for your help!

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K3 visas are obsolete. You would need to go for a cr1. It takes about a year. No, you do not need to live in the same state as your mother. Providing he maintains good ties to his home country he can still visit on VWP. You can visit him as often as the UK allows.

Edited by Transborderwife

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Not sure where you have been reading why not just adjust.


“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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Not sure where you have been reading why not just adjust.

I was told that if you enter the country on visitor waiver with the intentions of getting married, it is considered immigration fraud to adjust your status, that you need the proper visa before entering the country if you intend on staying.

Edited by wintersazure

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Did he intend to stay when he entered?

Who have you been talking to?

Did he intend to stay when he entered?

Who have you been talking to?


“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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It is yes, but did he say that he was getting married at point of entry?

Yeah, he did. He came with his mom who also attended our wedding, and they had their wedding attire as well. We thought it best not to lie to the boarder people, in case it came back to haunt us later. Also, there was no way anyone would believe our wedding was thrown together last minute; we had booked it back in September and his Scottish relatives had booked tickets and everything. If someone really wanted to dig, they could see quite easily that we had been planning it for a while.

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Did he intend to stay when he entered?

Who have you been talking to?

Did he intend to stay when he entered?

Who have you been talking to?

No, he didn't intend to stay when he entered. I read on multiple other forums and on the US government site that if you come into the country on a visitor waiver with the intention of getting married, you can not stay in the country. The lady that let him through immigration when he arrived told him the same. We've been finding information on various forums and government websites.

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Yeah, he did. He came with his mom who also attended our wedding, and they had their wedding attire as well. We thought it best not to lie to the boarder people, in case it came back to haunt us later. Also, there was no way anyone would believe our wedding was thrown together last minute; we had booked it back in September and his Scottish relatives had booked tickets and everything. If someone really wanted to dig, they could see quite easily that we had been planning it for a while.

Hi,

It's not fraud to enter the USA with plans to get married, the fraud only comes into it, if at the time of entry he had the intention to stay & adjust his status. As he didn't he can stay & adjust his status, but remember that he cannot leave until he has either his AP or G/C in hand.

Brian


AOS

Feb 3rd 2014 sent AOS pack I-130, I-485, 
Feb 17th 2014 Received NOA1 x 3 NOA1 date 5th Feb 2014
Feb 22nd 2014 Received biometrics appointment for 7th March 2014 at 3pm
Feb 27th 2014 Did early walk in for Biometrics successfully
March 17th 2014 Received text & email with interview date on 22nd April 2014

March 18th 2014 Received interview letter in post with time & place, 2.15pm at Mt Laurel NJ
April 16th 2014 Received EAD card
April 22nd 2014 Had AOS interview at Mt Laurel NJ APPROVED
April 22nd 2014 Text & email Case Status: Card / Document Production
April 26th 2014 Received my Green Card today
Total time from Application to Approval 11 Weeks & 1 Day
ROC
Feb 9th 2016 I-751 package sent to Vermont Service Center
Feb 11th 2016 I-751 package received at VSC
Feb 17th 2016 Cheque for $590 cashed

Feb 19th 2016 Received I-797 NOA Dated 02/12/2016

March 8th 2016 Biometrics Appointment at 10am. (Done)

April 14th 2017  I-551 stamp in passport 

April 27th 2017 Received text & email Card/Document Production

May 3rd 2017 Received 10 year Green Card today   

N-400

March 7th 2017 N-400 sent to Dallas TX 

March 10th N-400 Application received

March 15th Cheque for $725 cashed

March 20th received NOA1 dated March 15th

March 24th received biometrics appointment for 04/05/17

March 28th did early walk in for biometrics 

October 10th received Citizenship Interview letter

November 13th Citizenship Interview at 10 am Mount Laurel NJ passed my interview.

November 13th Oath ceremony 3pm now a citizen

November 14th applied for my passport 

November 25th Received my passport 

November 27th Received my naturalization certificate back

November 28th Updated my social security records 

 

 

 

 

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Hi,

It's not fraud to enter the USA with plans to get married, the fraud only comes into it, if at the time of entry he had the intention to stay & adjust his status. As he didn't he can stay & adjust his status, but remember that he cannot leave until he has either his AP or G/C in hand.

Brian

But with declaration at Poe that the was to be married he could possibly receive a misrepresentation ban.

OP if you want to try and AOS, then by all means try. Just know that coming on VWP, should aos be denied he has no recourse for appeal. It's an iffy situation but may be worth trying.

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But with declaration at Poe that the was to be married he could possibly receive a misrepresentation ban.

OP if you want to try and AOS, then by all means try. Just know that coming on VWP, should aos be denied he has no recourse for appeal. It's an iffy situation but may be worth trying.

No he would not, as lots of people come into the US to get married,


AOS

Feb 3rd 2014 sent AOS pack I-130, I-485, 
Feb 17th 2014 Received NOA1 x 3 NOA1 date 5th Feb 2014
Feb 22nd 2014 Received biometrics appointment for 7th March 2014 at 3pm
Feb 27th 2014 Did early walk in for Biometrics successfully
March 17th 2014 Received text & email with interview date on 22nd April 2014

March 18th 2014 Received interview letter in post with time & place, 2.15pm at Mt Laurel NJ
April 16th 2014 Received EAD card
April 22nd 2014 Had AOS interview at Mt Laurel NJ APPROVED
April 22nd 2014 Text & email Case Status: Card / Document Production
April 26th 2014 Received my Green Card today
Total time from Application to Approval 11 Weeks & 1 Day
ROC
Feb 9th 2016 I-751 package sent to Vermont Service Center
Feb 11th 2016 I-751 package received at VSC
Feb 17th 2016 Cheque for $590 cashed

Feb 19th 2016 Received I-797 NOA Dated 02/12/2016

March 8th 2016 Biometrics Appointment at 10am. (Done)

April 14th 2017  I-551 stamp in passport 

April 27th 2017 Received text & email Card/Document Production

May 3rd 2017 Received 10 year Green Card today   

N-400

March 7th 2017 N-400 sent to Dallas TX 

March 10th N-400 Application received

March 15th Cheque for $725 cashed

March 20th received NOA1 dated March 15th

March 24th received biometrics appointment for 04/05/17

March 28th did early walk in for biometrics 

October 10th received Citizenship Interview letter

November 13th Citizenship Interview at 10 am Mount Laurel NJ passed my interview.

November 13th Oath ceremony 3pm now a citizen

November 14th applied for my passport 

November 25th Received my passport 

November 27th Received my naturalization certificate back

November 28th Updated my social security records 

 

 

 

 

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We aren't thinking of adjusting his status, he still has things back home like his apartment and car and such that he can't just abandon. I was more curious of how long the process takes, from when I file the forms until he actually is allowed to come live here. What is the quickest way?

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We aren't thinking of adjusting his status, he still has things back home like his apartment and car and such that he can't just abandon. I was more curious of how long the process takes, from when I file the forms until he actually is allowed to come live here. What is the quickest way?

CR1, takes about a year If he goes home that's his only option.

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Yes, but they don't all stay and adjust after declaring so at POE.

True, but as he was let in they were satisfied that he would be leaving at the end of his stay & had no intention at that time to stay & adjust his status, but if he was to now to change his mind & wish to stay he can very legally do so & adjust his status being married to a USC.


AOS

Feb 3rd 2014 sent AOS pack I-130, I-485, 
Feb 17th 2014 Received NOA1 x 3 NOA1 date 5th Feb 2014
Feb 22nd 2014 Received biometrics appointment for 7th March 2014 at 3pm
Feb 27th 2014 Did early walk in for Biometrics successfully
March 17th 2014 Received text & email with interview date on 22nd April 2014

March 18th 2014 Received interview letter in post with time & place, 2.15pm at Mt Laurel NJ
April 16th 2014 Received EAD card
April 22nd 2014 Had AOS interview at Mt Laurel NJ APPROVED
April 22nd 2014 Text & email Case Status: Card / Document Production
April 26th 2014 Received my Green Card today
Total time from Application to Approval 11 Weeks & 1 Day
ROC
Feb 9th 2016 I-751 package sent to Vermont Service Center
Feb 11th 2016 I-751 package received at VSC
Feb 17th 2016 Cheque for $590 cashed

Feb 19th 2016 Received I-797 NOA Dated 02/12/2016

March 8th 2016 Biometrics Appointment at 10am. (Done)

April 14th 2017  I-551 stamp in passport 

April 27th 2017 Received text & email Card/Document Production

May 3rd 2017 Received 10 year Green Card today   

N-400

March 7th 2017 N-400 sent to Dallas TX 

March 10th N-400 Application received

March 15th Cheque for $725 cashed

March 20th received NOA1 dated March 15th

March 24th received biometrics appointment for 04/05/17

March 28th did early walk in for biometrics 

October 10th received Citizenship Interview letter

November 13th Citizenship Interview at 10 am Mount Laurel NJ passed my interview.

November 13th Oath ceremony 3pm now a citizen

November 14th applied for my passport 

November 25th Received my passport 

November 27th Received my naturalization certificate back

November 28th Updated my social security records 

 

 

 

 

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