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Stefan110882

No time for K1 - what shall we do?

By Stefan110882 in What Visa Do I Need - Family Based Immigration

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Stefan110882 Newbie

Stefan110882   1

Posted
Filed: Other Timeline
Posted

Hi there everyone,

my fiancée and I want to get married on the 2nd of September and there is no time for a K1 anymore. I'm a german citizen (living in Germany) and my sweetheart US-Citizen (she lives in Wisconsin).

I have an approved ESTA.

What do you guys suggest we should do?

Thank you very much

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Merrytooth
Merrytooth

Come to US, get married and then leave to file for CR1/IR1 visa.

A'n'L
A'n'L

Wow, way to be negative. There's definitely more to your friends story than you convey. I (and many others) have visited our US fiance's using VWP without issues. Being honest and not staying too lon

Merrytooth
Merrytooth

At least he did not bring up the legendary 30/60/90 days rule

canadian_wife Grand Master

canadian_wife   1,823

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

If the September date is set, travel to the U.S., marry, leave to return home and then file for a spousal visa

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Boiler Grand Master

Boiler   45,651

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Begs the question why the 2nd September is so important.

“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.”

JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I would have contingency option in case you are denied entry travelling on ESTA for wedding.

Why would that happen? I assume the OP has a previously good history of entering and leaving within the permitted timeframes for the VWP.

He is no more unlikely to be denied entry when he gets married than on any other visit.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Boiler Grand Master

Boiler   45,651

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Thank you very much so far.

There is another question arising then.

Why can't I enter the states, get married, file immediately an I-130 / I-485 and stay?

THX

The K1 that allows you to do that you said you will not have time for?

“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.”

Boiler Grand Master

Boiler   45,651

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Perhaps I confused the numbers. It seems to be so complicated.

Is it the AOS instead? The real question is, why can't I stay after the wedding and apply in the states?

THX

K1 you enter, marry and adjust and stay.

“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.”

Boiler Grand Master

Boiler   45,651

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

CR1 would be if you are already married.

“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.”

JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Could I enter, get married, and apply for it while staying within the borders?

No. You must return home and wait for the CR-1 to be approved. You can visit during the process using the VWP but you cannot live in the USA until your visa is approved and issued.

To enter on the VWP with the intention of staying (by way of marriage or any other circumstances) is visa fraud. Don't even consider it. Not worth it.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

 
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