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Sarah08

Delicate (and confusing) situation...

By Sarah08 in K-1 Fiance(e) Visa Process & Procedures

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Sarah08 Contributor

Sarah08   0

Posted
Filed: AOS (apr) Country: Hungary
 Timeline
Posted

Hi everyone,

I am a US citizen how is engaged to a Hungarian citizen. Pretty easy so far, lol. He is in the United States already as an F-1 college student. We are planning on getting married next year on May 31 (which, as it turns out, is the day that his visa will expire). Now it gets complicated.

I have been emailing the US embassy in Hungary and they told me that he will not need a K-1 visa to get married since he is already here, and that we will need to file the I-485 form after the marriage. My question is: can he stay in the US while we are waiting for all of that to be processed? He wants to continue to go to school here that fall, so it would be nice if he didn't have to go back to Hungary, but sometimes the immigration services arent very nice :whistle:

So if anyone is in this situation, or has any insight at all for us, I would aprreciate it. Thanks a lot!

-Sarah

September 2004 - Ede comes to the US as a foreign exchange student

05-17-2005 - Our first date

06-28-2005 - Ede goes back to Hungary

12-28-2005 - Ede comes back to the US! (F-1)

12-10-2006 - We're Engaged!! :D

EAD

04-20-2007 - Ede applies for EAD

06-29-2007 - RFE for EAD (Grr...)

08-10-2007 - Work Permit Received! Finally done! :)

AOS

06-28-2007 - Civil marriage

06-29-2007 - Appt. #1 for med. exam (blood draw & TB skin test)

07-01-2007 - TB skin test was POSITIVE due to the BCG vaccine...grr...Chest x-ray done

07-06-2007 - Went back to civ. surg. w/ TB clearance...not good enough. Can't have the physical yet.

07-13-2007 - Chest x-ray being checked out by TB doc...still no exam.

07-13-2007 - AOS packet ready to mail...except for I-693.

07-24-2007 - Still no exam, but at least they let us set up the appt...

07-27-2007 - Med. Exam DONE! Overnight-mailed AOS application to Chicago!! :D

07-28-2007 - USCIS signed for delivery of package

08-24-2007 - NOA1 Date1, although it was rejected. See next line.

09-04-2007 - AOS Rejected - improper fee, even though it was postmarked before the 30th

09-05-2007 - Sent back entire package with new cover letter explaining improper rejection

09-23-2007 - AOS package rejected again! E-mailed Congressman

10-05-2007 - Went to Congressman's office - left packet there so be re-sent

10-19-2007 - NOA1 Received -FINALLY! Not rejected! :D

11-02-2007 - Biometrics appointment at Waukegan Office

02-05-2008 - Interview in Chicago -approved! :D

YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted

Yes the consulate is correct, you can adjust status in the USA, there is a guide for it here on VJ.

Sounds like the intent of the student visa was originally for study, not immigration, so no visa fraud.

SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2

The guides have your answer. :guides:

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Minya's wife Experienced

Minya's wife   25

Posted
Filed: Lift. Cond. (apr) Country: Hungary
 Timeline
Posted
Hi everyone,

I am a US citizen how is engaged to a Hungarian citizen. Pretty easy so far, lol. He is in the United States already as an F-1 college student. We are planning on getting married next year on May 31 (which, as it turns out, is the day that his visa will expire). Now it gets complicated.

I have been emailing the US embassy in Hungary and they told me that he will not need a K-1 visa to get married since he is already here, and that we will need to file the I-485 form after the marriage. My question is: can he stay in the US while we are waiting for all of that to be processed? He wants to continue to go to school here that fall, so it would be nice if he didn't have to go back to Hungary, but sometimes the immigration services arent very nice :whistle:

So if anyone is in this situation, or has any insight at all for us, I would aprreciate it. Thanks a lot!

-Sarah

Hi Sarah,

If he is already here, on a valid visa what the consulate told you was accurate. You can marry (you may want to do it before his visa expires) and apply for Adjustment of Status. Since he was on a studen visa, and his intention was not to fall in love and marry, you should be able to adjust status w/ no problem, and he can stay (in fact he should not leave the country unless he gets Advance Parole) while the AOS is in process.

Good luck! Sok Szerencset! :)

-P

funny-dog-pictures-wtf.jpg
Ngoc-Anh Proficient

Ngoc-Anh   1

Posted
Filed: Citizen (apr) Country: Germany
 Timeline
Posted

Since he did not have the intention to get marry and stay in the US when he enters the US, you can just file his Adjustment of Status.

Good luck!!

06/02/2006 - filed I-129F

12/16/2006 - Enter States thru Atlanta

01/13/2007 - Marriage

01/19/2007 - Filed AOS and EAD to Chicago

02/06/2007 - NOA that AOS has been forwarded to CSC

02/12/2007 - Fingerprinting in St. Louis

03/28/2007 - email notification that card production ordered!!!! (Day 68)

04/20/2007 - GC in the mail.....no more USCIS for 2 years!!!!!

12/29/08 - Filed I-751 to VSC

01/12/09 - NOA in mail

01/24/09 - received ASC notice

02/06/09 - biometrics appointment in Orlando

02/09/09 - touch

06/01/09 - approval letter in mail

12/11/09 - Filed N-400 to NSC

12/14/09 - Package arrived at NSC

12/26/09 - NOA in mail

01/22/10 - Fingerprinting in Orlando

03/08/10 - Interview in Orlando (passed)

03/12/10 - Oath Ceremony

Matthew Quoc-Minh *11/29/08*

7 lbs 6 oz. (3.35 kg) and 20" (51cm)

01/29/09 (2-month-check-up): 11.9 lbs (5.4 kg) and 22" (56cm)

03/30/09 (4-month-check-up): 16.5 lbs (7.5 kg) and 25" (63cm)

05/29/09 (6-month-check-up): 19.2 lbs (8.7 kg) and 26" (66cm)

12/1/09 (12-month-check-up): 22 lbs (10 kg) and 30.3" (77cm)

06/11/10 (18-month-check-up): 27.5 lbs (12.5 kg) and 33.5" (85cm)

12/13/10 (24-month-check-up): 31.7 lbs (14.4 kg) and 35.8" (91cm)

TimsDaisy Proficient

TimsDaisy   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

You're in good shape! And lucky!

I-129F/K1

1-12-07 mailed to CSC

1-22-07 DHS cashes the I-129F check

1-23-07 NOA1 Notice Date

1-26-07 NOA1 arrives in the post

4-25-07 Touched!

4-26-07 Touched again!

5-3-07 NOA2!!! Two approval emails received at 11:36am

5-10-07 Arrived at NVC/5-14-07 Left NVC - London-bound!

5-17-07??? London receives?

5-20-07 Packet 3 mailed

5-26-07 Packet 3 received

5-29-07 Packet 3 returned, few days later than planned due to bank holiday weekend

6-06-07 Medical in London (called to schedule on May 29)

6-11-07 "Medical in file" at Embassy

6-14-07 Resent packet 3 to Embassy after hearing nothing about first try

6-22-07 DOS says "applicant now eligible for interview," ie: they enter p3 into their system

6-25-07 DOS says interview date is August 21

6-28-07 Help from our congressional representative gives us new interview date: July 6

7-06-07 Interview at 9:00 am at the London Embassy - Approved.

7-16-07 Visa delivered after 'security checks' completed

I-129F approved in 111 days; Interview 174 days from filing

Handy numbers:

NVC: (603) 334-0700 - press 1, 5; US State Department: (202) 663-1225 - press 1, 0

*Be afraid or be informed - the choice is yours.*

Sarah08 Contributor

Sarah08   0

Posted
Filed: AOS (apr) Country: Hungary
 Timeline
  • Author
Posted
Hi everyone,

I am a US citizen how is engaged to a Hungarian citizen. Pretty easy so far, lol. He is in the United States already as an F-1 college student. We are planning on getting married next year on May 31 (which, as it turns out, is the day that his visa will expire). Now it gets complicated.

I have been emailing the US embassy in Hungary and they told me that he will not need a K-1 visa to get married since he is already here, and that we will need to file the I-485 form after the marriage. My question is: can he stay in the US while we are waiting for all of that to be processed? He wants to continue to go to school here that fall, so it would be nice if he didn't have to go back to Hungary, but sometimes the immigration services arent very nice :whistle:

So if anyone is in this situation, or has any insight at all for us, I would aprreciate it. Thanks a lot!

-Sarah

Hi Sarah,

If he is already here, on a valid visa what the consulate told you was accurate. You can marry (you may want to do it before his visa expires) and apply for Adjustment of Status. Since he was on a studen visa, and his intention was not to fall in love and marry, you should be able to adjust status w/ no problem, and he can stay (in fact he should not leave the country unless he gets Advance Parole) while the AOS is in process.

Good luck! Sok Szerencset! :)

-P

Oh my gosh! Another Hungarian person! :content: Koszonom szepen for your help! :D (I'm still trying to learn the language, lol) I cant' tell you how relieved I feel after the both of you replied! You made my day!

September 2004 - Ede comes to the US as a foreign exchange student

05-17-2005 - Our first date

06-28-2005 - Ede goes back to Hungary

12-28-2005 - Ede comes back to the US! (F-1)

12-10-2006 - We're Engaged!! :D

EAD

04-20-2007 - Ede applies for EAD

06-29-2007 - RFE for EAD (Grr...)

08-10-2007 - Work Permit Received! Finally done! :)

AOS

06-28-2007 - Civil marriage

06-29-2007 - Appt. #1 for med. exam (blood draw & TB skin test)

07-01-2007 - TB skin test was POSITIVE due to the BCG vaccine...grr...Chest x-ray done

07-06-2007 - Went back to civ. surg. w/ TB clearance...not good enough. Can't have the physical yet.

07-13-2007 - Chest x-ray being checked out by TB doc...still no exam.

07-13-2007 - AOS packet ready to mail...except for I-693.

07-24-2007 - Still no exam, but at least they let us set up the appt...

07-27-2007 - Med. Exam DONE! Overnight-mailed AOS application to Chicago!! :D

07-28-2007 - USCIS signed for delivery of package

08-24-2007 - NOA1 Date1, although it was rejected. See next line.

09-04-2007 - AOS Rejected - improper fee, even though it was postmarked before the 30th

09-05-2007 - Sent back entire package with new cover letter explaining improper rejection

09-23-2007 - AOS package rejected again! E-mailed Congressman

10-05-2007 - Went to Congressman's office - left packet there so be re-sent

10-19-2007 - NOA1 Received -FINALLY! Not rejected! :D

11-02-2007 - Biometrics appointment at Waukegan Office

02-05-2008 - Interview in Chicago -approved! :D

Bobbie Collaborator

Bobbie   1

Posted
Filed: K-1 Visa Country: Germany
 Timeline
Posted

Get married way before the Visa expires so it does not cause a problem. Have a judge do it. THen have the real wedding when you want. But do yourselves a favor and don't bunch all of this stuff up together.

It's like some friends of mine got married on New Years..well thats fine....we go to the weddding, but every year an anniversary party on New Years? I dont thUnk so...its my news years too.

:)

Bobbie & Klaus

2/23/07 Mailed Package to TSC (G-325A & I-125)

2-25-07 Online PO shows package delivered

3-06-07 NOA on I-129

3-12-07 Touched (I think)

6-8-07 Touched appropriately!

msu17 Proficient

msu17   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted
Get married way before the Visa expires so it does not cause a problem. Have a judge do it. THen have the real wedding when you want. But do yourselves a favor and don't bunch all of this stuff up together.

It's like some friends of mine got married on New Years..well thats fine....we go to the weddding, but every year an anniversary party on New Years? I dont thUnk so...its my news years too.

:)

I agree. Have the wedding when you want, but it might be a good idea to get technically married earlier. Dont leave it till the last second. Congrats!

Timeline

AOS

Mailed AOS, EAD and AP Sept 11 '07

Recieved NOA1's for all Sept 23 or 24 '07

Bio appt. Oct. 24 '07

EAD/AP approved Nov 26 '07

Got the AP Dec. 3 '07

AOS interview Feb 7th (5 days after the 1 year anniversary of our K1 NOA1!

Stuck in FBI name checks...

Got the GC July '08

Sarah08 Contributor

Sarah08   0

Posted
Filed: AOS (apr) Country: Hungary
 Timeline
  • Author
Posted

Thanks alot to everyone who has replied - I'm so glad that I have found some answers about this! If you have any more input or adivice, keep it coming! :)

September 2004 - Ede comes to the US as a foreign exchange student

05-17-2005 - Our first date

06-28-2005 - Ede goes back to Hungary

12-28-2005 - Ede comes back to the US! (F-1)

12-10-2006 - We're Engaged!! :D

EAD

04-20-2007 - Ede applies for EAD

06-29-2007 - RFE for EAD (Grr...)

08-10-2007 - Work Permit Received! Finally done! :)

AOS

06-28-2007 - Civil marriage

06-29-2007 - Appt. #1 for med. exam (blood draw & TB skin test)

07-01-2007 - TB skin test was POSITIVE due to the BCG vaccine...grr...Chest x-ray done

07-06-2007 - Went back to civ. surg. w/ TB clearance...not good enough. Can't have the physical yet.

07-13-2007 - Chest x-ray being checked out by TB doc...still no exam.

07-13-2007 - AOS packet ready to mail...except for I-693.

07-24-2007 - Still no exam, but at least they let us set up the appt...

07-27-2007 - Med. Exam DONE! Overnight-mailed AOS application to Chicago!! :D

07-28-2007 - USCIS signed for delivery of package

08-24-2007 - NOA1 Date1, although it was rejected. See next line.

09-04-2007 - AOS Rejected - improper fee, even though it was postmarked before the 30th

09-05-2007 - Sent back entire package with new cover letter explaining improper rejection

09-23-2007 - AOS package rejected again! E-mailed Congressman

10-05-2007 - Went to Congressman's office - left packet there so be re-sent

10-19-2007 - NOA1 Received -FINALLY! Not rejected! :D

11-02-2007 - Biometrics appointment at Waukegan Office

02-05-2008 - Interview in Chicago -approved! :D

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

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