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Oso7066

Need guidance

By Oso7066 in Bringing Family Members of US Citizens to America

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Oso7066 Apprentice

Oso7066   4

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Filed: K-1 Visa Country: Colombia
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My wife's daughter came in a tourist visa. She married an American. her visa stats ends in Oct. Can anyone guide me on what process and applications they need to complete for her?

Thank you in advanced. 

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Lil bear Experienced

Lil bear   3,840

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Just now, William70 said:

My wife's daughter came in a tourist visa. She married an American. her visa stats ends in Oct. Can anyone guide me on what process and applications they need to complete for her?

Thank you in advanced. 

Either she returns to her home country and go through the CR1 spouse visa process or she can file for Adjustment of Status whole she remains in the US. Both have pros and cons.

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Dashinka Grand Master

Dashinka   23,291

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Filed: Citizen (apr) Country: Russia
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Have them review the guides linked below.  As @Lil bearstated, they have two options, they can adjust status here in the US which can take 12-14 months (4-6 months for travel and work authorization), or if she goes home they can file for a spousal visa.  If she does go home, she can still use her tourist visa while the spousal visa application is being processed.

 

Good Luck!

 

AOS

https://www.visajourney.com/content/i130guide2/

 

CR1 spousal visa

https://www.visajourney.com/content/i130guide1/

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Boiler Grand Master

Boiler   43,576

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Filed: K-1 Visa Country: Wales
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Why are you asking how her Brother should obtain a Visitor Visa? He could just ask his sister?

“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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Dashinka Grand Master

Dashinka   23,291

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Filed: Citizen (apr) Country: Russia
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53 minutes ago, William70 said:

What are the pros and cons to the AOS for them? She does not want return. 

Thank you Lil Bear. 

Thank you Bill & Katya,

 

No ability to work for 4-6 months in the US, no ability to travel outside of the US for 4-6 months. 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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SalishSea Grand Master

SalishSea   16,810

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Filed: Lift. Cond. (apr) Country: New Zealand
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8 hours ago, Boiler said:

Why are you asking how her Brother should obtain a Visitor Visa? He could just ask his sister?

I wonder if he will have any trouble, with a parent in the US and a sibling who went ahead and AOS from a visitor visa?  

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Boiler Grand Master

Boiler   43,576

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Filed: K-1 Visa Country: Wales
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4 minutes ago, Jorgedig said:

I wonder if he will have any trouble, with a parent in the US and a sibling who went ahead and AOS from a visitor visa?  

Can not help.

“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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geowrian Grand Master

geowrian   22,336

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Filed: Lift. Cond. (pnd) Country: Philippines
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7 minutes ago, Jorgedig said:

I wonder if he will have any trouble, with a parent in the US and a sibling who went ahead and AOS from a visitor visa?  

My thought's exactly...but not anything that he can do about it. Consequences of others' actions really.

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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DylanandLaura Explorer

DylanandLaura   46

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Filed: IR-1/CR-1 Visa Country: Colombia
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14 hours ago, William70 said:

My wife's daughter came in a tourist visa. She married an American. her visa stats ends in Oct. Can anyone guide me on what process and applications they need to complete for her?

Thank you in advanced. 

Your wife's daughter can file adjustment of status as an immediate relative (spouse) of a US citizen or the proper way according to many members on VJ is to complete the process by returning to her country for the CR-1 spouse visa. While she is allowed to marry on a tourist visa and adjust status, as others have stated there are pros and cons because she must interview for either process with an immigration/consular officer.

 

If she decides to file adjustment of status she should try to get the petitions and documents submitted before October 14th because the USCIS is updating the public charge rule and form I-864 which could make it more difficult for her to qualify for adjustment of status or CR-1 visa depending on her spouses financial situation. It said on the USCIS website if you have the I-130 petition/I-130A and I-485/I-864 postmarked before October 14th the current public charge rule and forms apply. 

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