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nenanaman

I-130 vs K-1, can anyone offer insight?

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Hello all..thanks in advance for reading this and taking the time. My fiance is currently in the US on B-1/2 visa issued from her previous employer (International Airline), and has been traveling frequently in/out of the country for 4+ years. She resigned last year after we had our son and has been in the US for 2+ months. My fiance was pulled into questioning last week after returning from a short visit back to her home country. Thus, we have decided to get married and are trying to decide to apply for I-130 vs K-1. We have a 10 month old child together that was born overseas, and we already went through the laborious process of obtaining his citizenship birth rights and bringing him here to US. I feel this would establish our relationship as valid. Additionally had she not been questioned so heavily we probably would continue as we are now for awhile..meaning our decision to get married is being expedited by her scary experience. Her visa was not obtained with the intention of traveling here to get married, and she had it long before we met.

 

Any insights?

 

Thank you :)

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6 minutes ago, nenanaman said:

Hello all..thanks in advance for reading this and taking the time. My fiance is currently in the US on B-1/2 visa issued from her previous employer (International Airline), and has been traveling frequently in/out of the country for 4+ years. She resigned last year after we had our son and has been in the US for 2+ months. My fiance was pulled into questioning last week after returning from a short visit back to her home country. Thus, we have decided to get married and are trying to decide to apply for I-130 vs K-1. We have a 10 month old child together that was born overseas, and we already went through the laborious process of obtaining his citizenship birth rights and bringing him here to US. I feel this would establish our relationship as valid. Additionally had she not been questioned so heavily we probably would continue as we are now for awhile..meaning our decision to get married is being expedited by her scary experience. Her visa was not obtained with the intention of traveling here to get married, and she had it long before we met.

 

Any insights?

 

Thank you :)

Since she is in the country you could marry and either do consular processing abroad or adjust here.    If she does consular processing she may continue to have a hard entering.  Generally she should spend more time out of the US then she does inside.  If she adjusts here she would not be able to travel  or work either getting a green card or advanced parole/EAD.


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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20 minutes ago, Paul & Mary said:

Since she is in the country you could marry and either do consular processing abroad or adjust here.    If she does consular processing she may continue to have a hard entering.  Generally she should spend more time out of the US then she does inside.  If she adjusts here she would not be able to travel  or work either getting a green card or advanced parole/EAD.

Thank you for responding. It was the recent adjustment in lengths of stay that resulted in her being "flagged" when entering back into the US (staying for 2 months, leaving for 1 week, then returning to US). Our goal is to keep our family together while adjusting. If not her and our son would have to go back and process at the consular in Manila (yuck).

 

If we file an I-130 and adjust here, will she be able to also file to work and/or travel?

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1 hour ago, nenanaman said:

Thank you for responding. It was the recent adjustment in lengths of stay that resulted in her being "flagged" when entering back into the US (staying for 2 months, leaving for 1 week, then returning to US). Our goal is to keep our family together while adjusting. If not her and our son would have to go back and process at the consular in Manila (yuck).

 

If we file an I-130 and adjust here, will she be able to also file to work and/or travel?

Since she is here now, you can get married, file the I130 and I485 along with the I765 Employment Authorization and I131 Advanced Parole which will allow her to work and travel.  My understanding is that the I485/I130 combo may take 14-18 months for processing, and the I765/I131 somewhere between 4-6 months.

 

Good Luck!


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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I would be careful about adjusting from inside the USA because of the secondary inspection on her last arrival.   What questions were asked of her during the inspection?


YMMV

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9 hours ago, nenanaman said:

If we file an I-130 and adjust here, will she be able to also file to work and/or travel?

She would not be able to work or travel until getting Advance Parole and EAD cards, respectively.  Right now that is 4 to 6 months.


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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