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I am gathering Information on the IR1 Spousal Visa

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Filed: K-1 Visa Country: Wales
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1 hour ago, JMCKNG said:

Correct me if I'm wrong, but there was a recent topic on VJ stating that a fiance came to visit the USC and then decided randomly to just get married while on their trip. Due to this situation without INITIAL intent to get married, they are able to have the fiance stay here while they adjust status, but due to you already being married but separate at the moment I don't know how that process would be applicable to your situation. 

Very different situation to the one being discussed here.

“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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1 hour ago, JMCKNG said:

Correct me if I'm wrong, but there was a recent topic on VJ stating that a fiance came to visit the USC and then decided randomly to just get married while on their trip. Due to this situation without INITIAL intent to get married, they are able to have the fiance stay here while they adjust status, but due to you already being married but separate at the moment I don't know how that process would be applicable to your situation. 

Not applicable at all since OP is already married. Even if not married, he has expressed immigrant intent by posting here. 

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Filed: K-1 Visa Country: Spain
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1 minute ago, mushroomspore said:

Not applicable at all since OP is already married. Even if not married, he has expressed immigrant intent by posting here. 

Yes I already reiterated this thank you  due to that exact reason. 

Edited by JMCKNG
K1 Journey from Spain to USA :wub:
10-25-2017 I-129F Sent to Lewisville
10-27-2017 NOA1
XX-XX-XXXX NOA2 :jest:
XX-XX-XXXX NVC Received
XX-XX-XXXX Interview Scheduled
XX-XX-XXXX POE :whistle:
XX-XX-XXXX Married 
 
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Filed: Citizen (apr) Country: Italy
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You can forget about the Fiancee visa right about now. As you stated she is your WIFE so you will have to get on the spouse visa process which is CR1. I am on the process at the moment going on my 9th month..it is a long and stressful journey(and still not finished) but it has to be done in order for you to do things right :) 

MY JOURNEY INTO GETTING A FIRST-TIME GREEN CARD, RENEWING A GREEN CARD, AND OBTAINING U.S. CITIZENSHIP:

 

I-130: https://vsjourneyss.wordpress.com/2020/08/23/my-spouse-visa-process-and-timeline-ir1-cr1/ From Colombia 🇨🇴

I-751: https://vsjourneyss.wordpress.com/2020/09/12/i-751-joint-petition-to-remove-conditions-on-residence/From Japan 🇯🇵 (Military spouse overseas)

N-400: https://vsjourneyss.wordpress.com/2022/08/03/3430/ From Japan 🇯🇵 

 

BLOG:  https://vsjourneyss.wordpress.com/inmigr/   

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23 hours ago, ty5479 said:
I am currently trying to gather some information to figure out my options on bringing my spouse to the US.  I am currently living in the US and my spouse is currently living in Europe as an Austrian Citizen(originally born in Croatia). I am obviously trying to minimize the time we spend apart during this process.  
 
During my research and advice that I received from others that the easiest way is to have my spouse fly to the US and we start the visa process from within the US.  If started within the US, she would not be required to leave unless her application is denied.  However, while searching online and on the USCIS website, it seems this is only possible on a K1 Fiance Visa and I cannot find any other supporting information on the USCIS website. I know that we will be filing for an IR1 Visa as we have now been married for two years.  So sadly, I believe the K1 Fiance Visa will not apply anymore since we are married. 
 
So my questions are as follows:
 
If my spouse flies to the US on an ESTA are we able to start the I-130 petition while she is here in the US and she can stay while the Visa process is taking place? If so, is still true for cases after 2017? 
 
Is there any other method of minimizing the time spent apart or is our only other option to start the process while she is outside the US? 
 
 
Thanks
 

You didn't mention where in Europe she lives. If you are in the jurisdiction of an international field office and are able to prove you reside in that jurisdiction, then the process would be much faster. International offices process I-130s in a month or two. 

 

 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/europe-middle-east-and-africa-emea-district

 

I-751 Joint Filing.

06-15-2021 - Case was updated to show fingerprints were taken. 

05-26-2021 - Received NOA/extension letter. Notice date and postmarked 05-20-2021.

05-23-2021 - Received text message with Receipt #. YSC Potomac Center.

05-21-2021 - Checks cashed (processing on joint checking account)

05-07-2021 - I-751 received in Arizona.

 

Marriage-based AOS - Concurrent filing.

05-07-2019 - AOS Approved. Resident since date 05/07/2019.

05-06-2019 - AOS Interview

04-23-2018 - "Case is ready to be scheduled for an interview"

03-16-2018 - Priority Date.

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1 hour ago, USC4SPOUSE said:

You didn't mention where in Europe she lives. If you are in the jurisdiction of an international field office and are able to prove you reside in that jurisdiction, then the process would be much faster. International offices process I-130s in a month or two.

I think this line eliminates that possibility: "I am currently living in the US"

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

 

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Filed: Citizen (apr) Country: Canada
Timeline

~~One post removed for TOS Violation. - Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, harass, insult, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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