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By Mintosman in Tourist Visas

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Mintosman Explorer

Mintosman   11

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Filed: IR-1/CR-1 Visa Country: Kenya
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Posted

I have a girlfriend who is still legally married (husband left her 8 years ago) and is planning to apply for a B2 VISA. If approved, can she come visit me (not getting married obviously) and return home. Due to the ages of our children we’d prefer her to come and go for a couple of years before we apply for a K3 visa. Does anyone see a problem with this plan? 

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Diane and Chris
Diane and Chris

The first thing she needs to do is divorce her husband. Until that is finalized you two will not be able to apply for any visa for being together on a permanent basis. Getting to know each other for a

geowrian
geowrian

Just start a DS-160 and don't submit it. https://ceac.state.gov/genniv/   They aren't too concerned about why somebody will come to the US...they want to know why they will leave. Having lot

geowrian
geowrian

Yes she is allowed to visit if she gets a tourist visa.   K-3 is obsolete. It would be a K-1 for a fiancée or CR-1/IR-1 for a spouse.

geowrian Grand Master

geowrian   22,335

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

Yes she is allowed to visit if she gets a tourist visa.

 

K-3 is obsolete. It would be a K-1 for a fiancée or CR-1/IR-1 for a spouse.

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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Cyberfx1024 Grand Master

Cyberfx1024   7,978

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Filed: Citizen (pnd) Country: Philippines
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Posted
12 minutes ago, Mintosman said:

I have a girlfriend who is still legally married (husband left her 8 years ago) and is planning to apply for a B2 VISA. If approved, can she come visit me (not getting married obviously) and return home. Due to the ages of our children we’d prefer her to come and go for a couple of years before we apply for a K3 visa. Does anyone see a problem with this plan? 

Why would her being married not allow her to get a tourist visa??? 

 

Also she has to be free and clear for you two to get married when you do. Also there is no K3 visa at all anymore it is a CR1 visa now.

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Boiler Grand Master

Boiler   43,359

Posted
Filed: K-1 Visa Country: Wales
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Posted (edited)

Cr1 apart from K3 otherwise looks fine, presumably she does not have access to the VWP.

Edited by Boiler

“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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Mintosman Explorer

Mintosman   11

Posted
Filed: IR-1/CR-1 Visa Country: Kenya
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Posted
12 minutes ago, Cyberfx1024 said:

Why would her being married not allow her to get a tourist visa??? 

 

Also she has to be free and clear for you two to get married when you do. Also there is no K3 visa at all anymore it is a CR1 visa now.

Sorry, my post was unclear. Her marriage shouldn’t pose a problem from what I understand. In fact I was told it is probably better. 

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted
Just now, Mintosman said:

Sorry, my post was unclear. Her marriage shouldn’t pose a problem from what I understand. In fact I was told it is probably better. 

Likely has no meaning since she is separated from him for 8 years. So he is not any sort of tie to return home.

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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Mintosman Explorer

Mintosman   11

Posted
Filed: IR-1/CR-1 Visa Country: Kenya
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Posted
16 minutes ago, Cyberfx1024 said:

Why would her being married not allow her to get a tourist visa??? 

 

Also she has to be free and clear for you two to get married when you do. Also there is no K3 visa at all anymore it is a CR1 visa now.

 

8 minutes ago, Boiler said:

Cr1 apart from K3 otherwise looks fine, presumably she does not have access to the VWP.

What is the VWP?

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Boiler Grand Master

Boiler   43,359

Posted
Filed: K-1 Visa Country: Wales
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Posted

Visa Waiver Programme

“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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Boiler Grand Master

Boiler   43,359

Posted
Filed: K-1 Visa Country: Wales
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Posted
1 minute ago, Mintosman said:

Correct. I don’t think she qualifies.

OK best to check.

“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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Boiler Grand Master

Boiler   43,359

Posted
Filed: K-1 Visa Country: Wales
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Posted

Hopefully she enjoys her trip.

“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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carmel34 Experienced

carmel34   3,507

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Filed: Citizen (apr) Country: Brazil
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Posted

She should also start working on divorce papers, as that can take a long time in some countries.  A final, certified divorce decree will be necessary for K1 or CR1.  Some VJ members and visitors have had issues with foreign divorce papers not being recognized in the US, so do your research and encourage your girlfriend to follow all of the advice from those who have faced this before from her country.  Good luck.

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Diane and Chris Proficient

Diane and Chris   651

Posted
Filed: Lift. Cond. (pnd) Country: Switzerland
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Posted

The first thing she needs to do is divorce her husband. Until that is finalized you two will not be able to apply for any visa for being together on a permanent basis. Getting to know each other for a couple of years is a great idea. What country is she from?  

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Mintosman Explorer

Mintosman   11

Posted
Filed: IR-1/CR-1 Visa Country: Kenya
 Timeline
  • Author
Posted
48 minutes ago, carmel34 said:

She should also start working on divorce papers, as that can take a long time in some countries.  A final, certified divorce decree will be necessary for K1 or CR1.  Some VJ members and visitors have had issues with foreign divorce papers not being recognized in the US, so do your research and encourage your girlfriend to follow all of the advice from those who have faced this before from her country.  Good luck.

She is working with an attorney as we speak. However his advice was before she officially files he wanted her to apply for the visa.

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