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Received the I-797, Fiance already here, now what?

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Received the I-797 in nine weeks; very fast approval.

My Russian Fiance is already here (since April) in the US on a three year B1/B2 Visa. She can stay for another 180 days again until the end of Sep then she has to depart.

I was under the impression that since she is already here under a three year B1/B2 Tourist Visa, and we have the I-797 approval letter for a Fiance Visa, we can marry within 90 days.

Thanks for any advice and clarity.

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You are mistaken I'm affraid. The I-797 is only the NOA2. You still have to go through NVC and the embassy and she will still need to do her interview in her home country. The NOA2 does not give you permission to marry her and if you do so, you are forfeiting your fiance visa and will have to start the entire process over with the spouse visa.


This journey isn't easy...we went over many hurdles along the way... We are together now, 4 years going strong... It's never impossible, it is a matter of having the strength and love to conquer all things along the way! 

 

 

(K-1 Process)(I 601 Waiver Process)(AOS, EAD & AP)

June 13th 2015- Filed 1-129f

June 19th 2015- NOA1 Received!

July 21st 2015- NOA2 Received!

August 10th 2015- NVC Received!

August 17th 2015- Case # Received over phone!

August 21st 2015- Embassy in Sydney Received!

August 27th 2015- Packet 3 Received!

August 29th 2015- Police Fingerprinting Done!

September 1st 2015- Packet 4 Received!

September 15th 2015- Interview in Sydney!

September 18th 2015- Medical in Brisbane!

September 23rd 2015- Letter from Medical Received!

October 17th 2015- CEAC changed to refused 

October 17th - November 10th 2015- emails and phone calls placed to embassy to inquire on our case

November 12th 2015- Email from embassy confirming refusal with news that we qualify for a waiver!

November 18th 2015- Received package from embassy on our denial and waiver information

March 7th 2016- I-601 Waiver overnighted to lockbox

March 8th 2016- I-601 Waiver delivered to lockbox and received (According to Website)

March 12th 2016- I-601 Waiver received (Text and email message verifying)

November 2016- Sent inquiry on I-601 (Was told it was still in line, contact in 60 days if no decision made)

January 31st 2017- Called NCSC to talk to tier 2 officer. Was informed it was with an officer and a decision should be made in 15 days

February 9th 2017- USCIS updated our case to approved! (February 8th was the date listed) 

February 12th 2017- Received updated instructions

February 13th 2017- Received official approval letter in the mail/ Booked medical in Brisbane. 

February 20th 2017- Medical in Brisbane

February 27th 2017- Picked up Medical Packet

February 28th 2017- Second interview and immediate approval! 

March 6th, 2017- K-1 Visa Issued

March 16th 2017- He arrives home : POE LAX 

May 27th 2017- We are finally married! 

June 13th 2017- AOS, EAD and AP go out in the mail

June 19th 2017- NOA 1 for AOS, EAD and AP 

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Received the I-797 in nine weeks; very fast approval.

My Russian Fiance is already here (since April) in the US on a three year B1/B2 Visa. She can stay for another 180 days again until the end of Sep then she has to depart.

I was under the impression that since she is already here under a three year B1/B2 Tourist Visa, and we have the I-797 approval letter for a Fiance Visa, we can marry within 90 days.

Thanks for any advice and clarity.

Hi,

Since she is already here in the US, the K-1 visa becomes irrelevant. The 90 days rule and everything else is not relevant.

There is an alternate procedure; marry on her B1/B2 visa and adjust her status. Follow the Guides.

Best of luck

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Once the I-129F petition is approved, that is not the end. You only have an approved I-129F petition, not an approved K-1 visa. The petition approval just allows for the foreign fiance(e) to apply for a K-1 visa at the US consulate in their country abroad. They would need to apply, get a medical and be approved for the K-1 visa at an interview. Once the K-1 visa is approved, then they can use it to enter the US and have 90 days in which to marry.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Just get married and adjust. No need for any other visa.

Thanks for all the info. We will continue with the K-1 process. If we marry, we have to start all over again; more delays, more forms, etc.

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Thanks for all the info. We will continue with the K-1 process. If we marry, we have to start all over again; more delays, more forms, etc.

If you marry now and she files for AOS, then you are not really starting over. She would be applying for permanent residence, not applying for a visa. If you decide to go that route, then withdraw your petition and follow this guide > http://www.visajourney.com/content/i130guide2

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Thanks for all the info. We will continue with the K-1 process. If we marry, we have to start all over again; more delays, more forms, etc.

No. You got it wrong.

The K-1 visa gets her into the US. Then, you marry and file to adjust her status for a green card.

She is already here. By marrying and filing to adjust her status for a green card, you avoid waiting for the K-1 visa.

Absolutely no reason to go back home for the K-1 to re-enter the US to do the exact same thing. The only extra would be the I-130 which is a lot cheaper than round trip airfare.

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No. You got it wrong.

The K-1 visa gets her into the US. Then, you marry and file to adjust her status for a green card.

She is already here. By marrying and filing to adjust her status for a green card, you avoid waiting for the K-1 visa.

Absolutely no reason to go back home for the K-1 to re-enter the US to do the exact same thing. The only extra would be the I-130 which is a lot cheaper than round trip airfare.

Thanks for the insight.

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isn't it marrying on B1/B2 is Visa fraud?


AOS/ AED/ AP:

(California Service Center, Chula Vista, San Diego, CA)

Filed: Aug 29

Receipt Date: Sept 2

NOA 1 Date: Sept 12 (received text/email)

NOA 1 copy rcvd: Sept 16

Biometrics Notice Date: Sept 17, received Sept 24

Biometrics Sched: Oct 5

Successful walk-in: Sept 26

Oct 13- Case ready to be scheduled for interview

EAD/AP approved - Nov. 1/2 / Received EAD/ AP Combo Card- Nov. 15

50days from NOA1/ 64 days from receipt date.

January 30-  USCIS Ap update, Interview sched on March 3, 2017

Jan 31 - received USCIS letter/ Notice for interview 

March 3- Interview, approved on the Spot

March 8 - received GC

Dec 2018 - To file ROC

 

My Blogs:

I-129F Petition Process

Medical Requirements

Medical Exam Experience

US Embassy Manila K1/K2 Interview Preparation Requirements and Instructions

Interview (K1 with 2 K2s)

CFO Guidance and Counseling (applicable to applicant from Philippines only)

My K1 Visa Journey

8 August 2015 - Sent I-129F Packet thru USPS

17 August 2015 - I -797C Notice date

20 August 2015 - Received printed copy of NOA1 dated Aug 17.

2 September 2015 - APPROVED! (14 working days from receipt date)

Dec. 21-22 - Medical DONE!

Jan 11, 2016 - Interview- APPROVED!

Jan 15 - Visa ISSUED!

Jan 21 - VISA ON HAND! (8 working days from interview)

March 21 - CFO / PDOS for K2s

June 1, 2016 - POE

July 18, 2016 - Married

I am his and he is mine from this day until the end of my days..

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isn't it marrying on B1/B2 is Visa fraud?

Depends on many factors. One has to ensure customs and immigration view the marriage to the foreign man or woman as legitimate and not a marriage for easy access to a green card and citizenship. Fraud is a huge problem.

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Just get married and adjust. No need for any other visa.

The only thing I see wrong with this advice is the possibility of her AoS being denied on the grounds of misrepresentation. Having a pending K-1 is already clearly admitting she is immigrating to marry. They may be hard pressed to prove that she had no intentions of marrying and adjusting on her B2 visa. Proceed with caution.

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isn't it marrying on B1/B2 is Visa fraud?

Marrying on the B1/B2 is not visa fraud. US laws does not prohibit anyone from marrying based on legal status. There is absolutely no fraud when marrying on a B1/B2 or any other status.

Having to immigrate when entering the US on a non-immigrant visa is immigration fraud. If the intent is not there at the POE, then there is no fraud.

The only thing I see wrong with this advice is the possibility of her AoS being denied on the grounds of misrepresentation. Having a pending K-1 is already clearly admitting she is immigrating to marry. They may be hard pressed to prove that she had no intentions of marrying and adjusting on her B2 visa. Proceed with caution.

That's not the legal standard. While you may see something wrong. The law and immigration courts do not see anything wrong . . . in fact, the immigration court have explicitly ruled that people like the OP can adjust without immigration intent being an issue.

Please look into Matter of Batista and Matter of Cavazos.

Those immigration cases clearly states that USCIS can not deny the adjustment of an Immediate Relative of a USC as long as the person did not lie at the POE.

Plenty of people like the OP have successfully gotten their green cards.

Edited by aaron2020

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