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Mintosman

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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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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K-3 is obsolete.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:

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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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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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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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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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:

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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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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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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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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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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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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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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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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