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Lalo & Susana

Fiancé visa vs Spousal visa

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Hello,

 

My husband’s best friend (Pat) met one of my friends when he was in USA on a tourist visa. They fell in love and have decided to get married. The plan was filing a finance visa as we did. However, Pat came back to visit his fiancé on a tourist visa. His family came to surprise him and they were thinking of getting married now that everyone is in USA.

 

How would this work? Should they just get married now and he stays and files for his paperwork? Should they just wait and keep going with the fiancé visa? If they get married now will he have to go back to Chile and wait until his paperwork is approved? 


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Removal of Conditions
08/25/2015: I-751 Sent 08/28/2015: I-751 Delivered

09/04/2015: NOA1 Received 09/25/2015: Biometrics Appointment
TBA: Interview Appointment TBA: Removal of Conditions Approved

AOS
06/11/2013: I-485 & I-765 Sent
06/13/2013: NOA1 Received (AOS & EAD)
07/11/2013: Biometrics Appointment 08/15/2013: EAD Approved
08/26/2013: EAD Card Received 09/16/2013: Interview Waived Letter Received
11/20/2013: AOS Approved

K-1
06/21/2012: I-129F Sent 06/27/2012: I-129F NOA1

12/21/2012: NVC Received 12/28/2012: NVC Left
01/07/2013: Consulate Received 02/27/2013: Interview Date

03/05/2013: Visa Received 03/15/2013: US Entry

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12 minutes ago, Lalo & Susana said:

Hello,

 

My husband’s best friend (Pat) met one of my friends when he was in USA on a tourist visa. They fell in love and have decided to get married. The plan was filing a finance visa as we did. However, Pat came back to visit his fiancé on a tourist visa. His family came to surprise him and they were thinking of getting married now that everyone is in USA.

 

How would this work? Should they just get married now and he stays and files for his paperwork? Should they just wait and keep going with the fiancé visa? If they get married now will he have to go back to Chile and wait until his paperwork is approved? 

 

There is no right or wrong in this scenario.

 

If he is currently in the US, they could marry now and file for his AOS and he stays here.... or they can marry and he goes home, then they file for the CR-1(spousal visa), or they don't marry and he goes home and they file for the I-129f.

 

Either route is fine. Honestly if he's here and can stay in the US, just have them marry now.


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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They can marry and he can stay and file AOS.

 

or they can marry, he can go back and file CR1

 

or he can go home and they can file K1

 

pretty much every option is open at this point.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

 

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Even though you will probably catch some flack from posters on here, get married now, file for the AOS, and he won't have to leave. Your saving a lot of headache by just doing it now. He came in thru a POE, was cleared by CBP, and can adjust and stay. I would do it in a heartbeat since I have been thru the K1 process, and next month will finally get to do the AOS after almost a year of playing with USCIS and the Embassy. Just know that he won't be able to leave for 4-6 months waiting for the AP/EAD card to get approved, so hopefully he doesn't have too many things to finish right away over there, but if he can stay here with no issues, I would.

 

Most people on here like me all had to spend many months and even over a year apart from the one they love, and hate to see someone " Cheat" the system, but if I could have "Cheated" the system I would have with no moral convictions. 

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There's no indication of any "cheating" here.

Whether to do AOS or get a visa abroad depends on what's most important to you right now. If you have matters that need to be resolved abroad before moving to the US, then a visa is fine. If they can hold off for several months, AOS is an option.


Timelines:

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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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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All depends on their personal situation, not something a friend should get involved with. Many factors can come into play which a friend is unlikely to know.


“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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Moved from K3 Process & Procedures to What Visa Do I Need - Family Based Immigration forum; multiple processes are being discussed.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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