Jump to content
Tin Saints

Got married in USA while on a tourist, currently living in Philippines. Am I still eligible for K-1 visa petition?

By Tin Saints in K-1 Fiance(e) Visa Case Filing and Progress Reports

 Share

7 posts in this topic

Recommended Posts

Tin Saints Newbie

Tin Saints   0

Posted
Filed: Other Country: Philippines
 Timeline
Posted

I was on a J1 (student exchange visitor) back in July 2015. Then I had an adjustment of status last July 2016, from J1 to B2 (tourist status). I got married last October 2016. 

I am now currently living in the Philippines since my tourist status was expiring, so we decided to fly back here in the Philippines and just wait for my husband's petition. 

Am I still eligible for K1 visa even if we already got married in USA? 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

No. A K-1 requires being free to marry. You need to go for a CR-1 visa now.

Guide: http://www.visajourney.com/content/i130guide1

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Cyberfx1024 Grand Master

Cyberfx1024   7,980

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
10 minutes ago, Tin Saints said:

I was on a J1 (student exchange visitor) back in July 2015. Then I had an adjustment of status last July 2016, from J1 to B2 (tourist status). I got married last October 2016. 

I am now currently living in the Philippines since my tourist status was expiring, so we decided to fly back here in the Philippines and just wait for my husband's petition. 

Am I still eligible for K1 visa even if we already got married in USA? 

Hindi po/No ma'am, you two are married now so you he needs to file for a CR-1 visa for you and not a K1. A K1 visa is a for a fiancé and not a asawa.

NikLR Grand Master

NikLR   13,228

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
1 hour ago, Shav said:

The answer is no you cannot file for K1 visa 

But hopefully there are some other ways you hve to research and find out. 

B9324E50-11B8-40EF-B2E5-43AFA6819265.jpeg

It is useful sometimes to read a whole thread before replying! :D. OP needs a CR1 visa. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

John & Rose Mentor

John & Rose   7,239

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
2 hours ago, Shav said:

Thanks a lot 🙏🏻

I don't believe the intent was to defraud.  They just need to do a CR-1 and all is well.  It is possible to marry on other visas but it is fraud to get other visas with the INTENT to marry.  It seems like they are fine but they will need the CR-1 (and 12 to 14 months) to do it all legally.

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...