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Theophane

Demand of K1 while we are both living abroad

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Hello,

My girlfriend and I are currently living in France. She is american and I am french. She has a student VISA in France which will end in July, because she will have to pursue her studies in San Francisco then.

We would like to get married, and I would obviously like to follow her in San Francisco, which means that I would also need a permission to work there (since I finished my studies already).

We are considering asking for a K1 VISA while being in France, and come live in the US next July, considering our request would have been approved by that date.

My questions are :

- what is the risk of filing for a K1 VISA while she is living in France on a student VISA ?

- how long could it take to have our request approved ?

- is there a risk of non approval ? even if we are in love, and actually living together for more than 6 months ?

- is it true that I will be able to work once I move to the US with this VISA while waiting for the wedding and the status change approval ?

Any information would be very appreciated and helpful.

Thanks in advance,

Théophane

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If you want to work right away, get married and file for CR-1 visa. This is an immigrant visa which will give you a greencard right away so you can start working as soon as you come to the US and find a job.

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@Eric-Pris: When you say that we should get married, do you mean in France or US ? What do you think would be preferable ? Initially, we would have preferred to get married in the US where her family is, but if it's easier doing so in France for the process...

@LORIEandPHIL: We are actually about to ask her parents (who I hope would be ok), but we want to be sure of what would be the best option for us first.

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See of you can directly file in France... If it is available it takes months off of your timeline.


 

 

K1 Journey Begins

 

NOA1 on March 3, 2016

NOA2 on May 26, 2016

NVC Rcvd Case June 13, 2016

NVC Case and Rcpt # June 16, 2016

Case to Embassy June 16, 2016

Case Ready at Embassy June 20, 2016

Lab July 8 for minor and July 11, 2016 for Fiance

Medical July 11, 2016

Biometrics ACS July 12, 2016

Interview Approved July 14, 2016

Visa Issued via DHL July 16

Visa Arrived July 1

POE September 23, 2016 JFK

Marriage !!!!!!!!!!!! September 30, 2016

Next Step AOS..........

  • November 12, 2016 - Express mail to Chicago Lockbox
  • December 5, 2016 - Electronic Notifiaction for AOS, rcvd 11/15
  • December 11, 2016 - NOA1 for EAD, 765 and 485, also accepted fingerprint fee.
  • December 28, 2016 - Biometrics
  • February 14 - EAD  & Advanced Parole Approved and being mailed. 
  • May 4 2017. Approved without interview, Card being Produced
  • May 7, 2017 recvd approval for i485
  • May 10 2017 rcvd Green Cards in mail.!!
  • Next step in 20 months to remove conditions.

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The most expedite way is DCF visa. Follow the link given above.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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@Eric-Pris: When you say that we should get married, do you mean in France or US ? What do you think would be preferable ? Initially, we would have preferred to get married in the US where her family is, but if it's easier doing so in France for the process...

@LORIEandPHIL: We are actually about to ask her parents (who I hope would be ok), but we want to be sure of what would be the best option for us first.

Get married in the US or France, but do it soon so you can apply for the CR1 visa- which is a spousal visa. With a CR1 you will be able to work as soon as you enter the US.


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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