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manna.mfrancesca

Can we marry without the K1 VISA?

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Are you currently in the US with him? If so, then sure you can marry and file for AOS.

 

If you are not in the US currently, then K-1 visa is best/quickest route. Using a tourist visa, or VWP, with intent to immigrate is visa fraud.

 

Or you can enter the US, marry, then file for the CR-1 spousal visa; but this can take 12-14 months approximately.

 

 


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

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You could marry in Italy or the US, but the process for Spouses is much longer, about a year.


“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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16 minutes ago, manna.mfrancesca said:

Hello! I'm Italian and my boyfriend is American, currently living in California.
We want to marry, but we don't want to spend 5 or more months apart waiting for the K1 VISA to be approved.
I have an ESTA, can we marry anyways and then fill out the form I-130 as a spouse?

make sure to tell cbp your plans upon entry they will advise him to the quickest route available to you.

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Basically

Are you in the US at the moment?

If the answer is yes - then yes, you can marry and adjust.

If the answer is no, then no, you cannot go to the USA with the intent to marry AND adjust.

 

K1 is the way to go. It doesn't really take that long. Adult people usually can survive few months apart, lol.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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If you're already with him in the US, go on and marry him now. You'll have to stay in the U.S., though, until you've filed for and gotten your AOS processed. You won't be able to work or leave the U.S. until then.

 

If you're in Italy, sorry, you can't come to the U.S. with the intent to get married and stay and then file AOS. That's immigration fraud

 

You can file for a K-1 fiance visa, wait about 5 months or so for it to be processed, and then come and marry within 90 days, OR, you can always come on a tourist visa, get married, and then go back to Italy and file for a CR-1 spousal visa. It'll take a little less than a year, probably.

Edited by Ortolan
shortened reply

"Wherever you go, you take yourself with you." --Neil Gaiman

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27 minutes ago, Ben&Zian said:

Are you currently in the US with him? If so, then sure you can marry and file for AOS.

 

If you are not in the US currently, then K-1 visa is best/quickest route. Using a tourist visa, or VWP, with intent to immigrate is visa fraud.

 

Or you can enter the US, marry, then file for the CR-1 spousal visa; but this can take 12-14 months approximately.

 

 

Hello, Thank You!

Well, yes I'm currently with him, with the ESTA, that expires in 1 month.

Honestly, I'd like to go back to Italy, then fly again to the USA with the ESTA again, and marry him and start the whole process for my AOS, because I have read that if I'm in the USA already I don't need to go back to my Country.

By the way, to marry him as a tourist, what documents do we need?

Where should we go?

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2 minutes ago, Ortolan said:

If you're already with him in the US, go on and marry him now. You'll have to stay in the U.S., though, until you've filed for and gotten your AOS processed. You won't be able to work or leave the U.S. until then.

 

If you're in Italy, sorry, you can't come to the U.S. with the intent to get married and stay and then file AOS. That's immigration fraud

 

You can file for a K-1 fiance visa, wait about 5 months or so for it to be processed, and then come and marry within 90 days, OR, you can always come on a tourist visa, get married, and then go back to Italy and file for a CR-1 spousal visa. It'll take a little less than a year, probably.

Hello, Thank You!

Well, yes I'm currently with him, with the ESTA, that expires in 1 month.

Honestly, I'd like to go back to Italy, then fly again to the USA with the ESTA again, and marry him and start the whole process for my AOS, because I have read that if I'm in the USA already I don't need to go back to my Country.

By the way, to marry him as a tourist, what documents do we need?

Where should we go?

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1 minute ago, manna.mfrancesca said:

Honestly, I'd like to go back to Italy, then fly again to the USA with the ESTA again, and marry him and start the whole process for my AOS,

 

Nope. Immigration fraud.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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38 minutes ago, manna.mfrancesca said:

Hello! I'm Italian and my boyfriend is American, currently living in California.
We want to marry, but we don't want to spend 5 or more months apart waiting for the K1 VISA to be approved.
I have an ESTA, can we marry anyways and then fill out the form I-130 as a spouse?

Maybe I should tell the whole story.

We met online, after 10 months of texting I came to the USA to visit him.

We are in love with eachother, I'm not planning to marry him for the green card or something, just for LOVE. But we don't wanna wait that long...

And my 90 ESTA days are coming to an end, and it's too late to marry now.

That's why I want to go back to Italy, come to the USA again and marry him.

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1 minute ago, manna.mfrancesca said:

Maybe I should tell the whole story.

We met online, after 10 months of texting I came to the USA to visit him.

We are in love with eachother, I'm not planning to marry him for the green card or something, just for LOVE. But we don't wanna wait that long...

And my 90 ESTA days are coming to an end, and it's too late to marry now.

That's why I want to go back to Italy, come to the USA again and marry him.

 

Again... you can marry him now and AOS, stay in the US...

 

But you can not leave, then come back with intent to marry and stay, that is visa fraud and can cause you a lot of problems.

 

You again can marry now and AOS, and stay.... or, file for the K-1 fiance visa, or marry now and then file for the CR-1 spousal visa. During the processing for the K-1 or CR-1 you can still visit as long as you can show ties to home and are not planning to misuse the visa/VWP by immigrating on it.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gif   vd9wauve2wlsd9fuctxk.gif giphy.gif

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6 minutes ago, manna.mfrancesca said:

Maybe I should tell the whole story.

We met online, after 10 months of texting I came to the USA to visit him.

We are in love with eachother, I'm not planning to marry him for the green card or something, just for LOVE. But we don't wanna wait that long...

And my 90 ESTA days are coming to an end, and it's too late to marry now.

That's why I want to go back to Italy, come to the USA again and marry him.

The "whole story" doesn't matter honestly, definitely doesn't matter to the USCIS at THIS point. Doesn't matter that you don't want to wait. And it's not really long.

 

You either marry now when you're in the US, stay and adjust.

Or go back to the Italy and file for K1. During the process you can still travel on the VWP, just not stay. You need to have an interview back in Italy.

 

No other options.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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