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vanmaren

Different situation

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My fiance came to the US on a K1 visa 3 months ago. We have not gotten married yet. I have had some health issues. Her visa expires in 2 days. She wants to go back because she doesn't want to break the law. I have purchased a ticket for her to go back. We still would like to get married. Is there any way to get her back here in the near future? Any waivers or new applications? Thanks for the help.

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3 minutes ago, vanmaren said:

My fiance came to the US on a K1 visa 3 months ago. We have not gotten married yet. I have had some health issues. Her visa expires in 2 days. She wants to go back because she doesn't want to break the law. I have purchased a ticket for her to go back. We still would like to get married. Is there any way to get her back here in the near future? Any waivers or new applications? Thanks for the help.

You would have to file a new petition.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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im not sure why you have waited so long to figure out what needs to be done. for something so important that seems rather , well .... whatever.

 

she needs to leave before the i94 expires OR get married.

 

travel to a nearby state with no waiting period. vegas. whatever.

 

if she leaves you will have to file a whole new petition


i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 131

04/19/2019    Rec'd appointment letter for biometrics

05/02/2019    Biometrics

05/15/2019    Submitted initial request for EAD expedite 5/22 faxed info

06/05/2019    EAD APPROVAL!!!!!!!!!!  06/06/2019    AP Approval

06/13/2019    Combo Card Received in Mail

06/19/2019    Social Security Card received in mail

 

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Posted (edited)

The K-1 expired the moment she set foot in the US.  The I-94 is the controlling document, and you need to marry before the expiration in the I-94 (90 days from the date of her POE).

 

One option would be for the two of you to marry asap, and file a concurrent i-485 and i-130 based on marriage to a USC and with a legal entry.  You'll have to eat the cost of a i-130 with your package, but it is a fixable problem, and she would be legally authorized to remain in the US while it is pending.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Don't go back.  If you dont marry within the 90 days after arrival, the only downside is filing an I-130 with the I-485 and other petitions.  It's cheaper to do that then leave.  Overstay for a USC spouse is ignored and a bar only comes into effect at 180 days of overstay anyhow. 

 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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No waiver needed...just starting over from scratch.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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No need to have her leave. Follow NikLR's advice.

3 hours ago, NikLR said:

Don't go back.  If you dont marry within the 90 days after arrival, the only downside is filing an I-130 with the I-485 and other petitions.  It's cheaper to do that then leave.  Overstay for a USC spouse is ignored and a bar only comes into effect at 180 days of overstay anyhow. 

 

 


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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20 hours ago, NikLR said:

Don't go back.  If you dont marry within the 90 days after arrival, the only downside is filing an I-130 with the I-485 and other petitions.  It's cheaper to do that then leave.  

 

 This☝️


Lee & William

8/2/2014 - Sent I-129F Petition with USPS by Express Mail
8/4/2014 - I-129F delivered to dropbox
8/6/2014 - NOA1 Text/E-Mail received
8/11/2014 - Alien Registration Number Changed (Text/E-Mail) / NOA1 Letter received by Mail
3/16/2015 - NOA2 Text/E-Mail received (224 days)
3/20/2015 - Sent to NVC
3/31/2015 - NVC Received
4/1/2015 - Case Number Assigned
4/7/2015 - NVC Sent to Embassy
4/10/2015 - London Embassy Received
4/11/2015 - Medical
4/15/2015 - Packet 3 Received
4/12/2015 - Packet 3 Sent
4/23/2015 - Packet 4 Received
5/18/2015 - Interview - APPROVED
5/30/2015 - Visa collected from courier
6/1/2015 - POE
6/14/2015 - Wedding

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Posted (edited)
20 hours ago, NikLR said:

Don't go back.  If you dont marry within the 90 days after arrival, the only downside is filing an I-130 with the I-485 and other petitions.  It's cheaper to do that then leave.  Overstay for a USC spouse is ignored and a bar only comes into effect at 180 days of overstay anyhow.

Agreed.

In that case, will the overseas medical (if marked complete) be valid? Or will a completed I-693 be required at the I-485 interview?

Edited by HRQX

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Posted (edited)

Vegas is a 20-22 hour drive from Texas, you can be married within a hour of showing up here, and that is if you take your time, roll on up, you can stay at my house no problem, I have a few extra rooms anyway, and you don't want to try to get a room up here on the 4th of July weekend.

Edited by Loren Y

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31 minutes ago, Loren Y said:

Vegas is a 20-22 hour drive from Texas, you can be married within a hour of showing up here, and that is if you take your time, roll on up, you can stay at my house no problem, I have a few extra rooms anyway, and you don't want to try to get a room up here on the 4th of July weekend.

Haha, you're a kind soul. You should get that certification that allows you to marry people, then you'd have a full service shop. Of course, the local chapels might not look upon you so kindly.

 

OP, you have options!


Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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