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lrock1111

Question regarding immigrant marriage visa

By lrock1111 in K-3 Spouse Visa Process & Procedures

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lrock1111 Explorer

lrock1111   0

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

I am in a bit of a weird situation. My fiance & I (I am the US citizen) filed our K1 application in May & are waiting for our NOA2. This week, he was offered a great job which would require a lot of international travelling. I don't think it is possible for him to take that job & to come here on the K1 because of the travel restrictions imposed until you finish the AOS. I know there is the same AOS period with the K3, but I think the immigrant based marriage visa would allow him to travel from day one of entry.

My questions are: 1) Am I correct in my assumption about the K1/travel restriction? 2) Am I correct about the immigrant based marriage visa? 3) If we decided to apply for the immigrant based marriage visa, do I need to be living in the US? 4) Does anyone know if it would raise any red flags for me to cancel my K1 then marry abroad & apply for a marriage visa?

I know that's a lot & not really a K3 question, but I wasn't sure where else to post it. Thanks for any advice/info.

Good Luck to you all!

AOS

2/15/08 Married :)

3/3/08 AOS etc application sent

3/14/08 Application packet returned...signed in wrong spot

3/17/08 Corrected packet resubmitted

3/24/08 Called USCIS to learn packet was being returned again due to another error

PACKET NEVER ARRIVED _ LOST AT USCIS....WAITING FOR EXPLANATION/INSTRUCTIONS

5/12/08 Sent a new application with cover letter explaining situation

5/19/08 NOAs

5/20/08 Check cashed...FINALLY

6/10/08 Biometrics

6/20/08 AOS transferred to CSC

6/23/08 AOS touched - again 6/30 (probably received in CA)

7/9/08 AOS touched

7/10/08 AOS touched...come on CSC :)

7/18/08 EAD approved!!!!!! Card prodution ordered (67 days from filing)

7/28/08 Email saying EAD card mailed out today....but it was in the mailbox when I got home!!!!! Finally!!!

8/15/08 Welcome Permanent Resident Email

8/20/08 Email that AOS application is approved!!!! (100 days from time final application sent)

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tom&tata Proficient

tom&tata   2

Posted
Filed: Country: Indonesia
 Timeline
Posted
I am in a bit of a weird situation. My fiance & I (I am the US citizen) filed our K1 application in May & are waiting for our NOA2. This week, he was offered a great job which would require a lot of international travelling. I don't think it is possible for him to take that job & to come here on the K1 because of the travel restrictions imposed until you finish the AOS. I know there is the same AOS period with the K3, but I think the immigrant based marriage visa would allow him to travel from day one of entry.

My questions are: 1) Am I correct in my assumption about the K1/travel restriction? 2) Am I correct about the immigrant based marriage visa? 3) If we decided to apply for the immigrant based marriage visa, do I need to be living in the US? 4) Does anyone know if it would raise any red flags for me to cancel my K1 then marry abroad & apply for a marriage visa?

I know that's a lot & not really a K3 question, but I wasn't sure where else to post it. Thanks for any advice/info.

Good Luck to you all!

1. I think you are right on K-1 travel restriction

2. K-3 will allow multiple entry to US -I am not sure about expiry, but I think I read somewhere it is up to 2 years. Please do search on that. That being said, your foreign spouse need to apply for adjustment of status so he will get his permanent resident status. K-3 visa is not employment authorized, so you need to apply EAD for work authorization while waiting for permanent resident status.

3. If you do not intend to stay in US, why do you need the US immigrant visa/residence for your foreign spouse ?

4. I am sure you would not be the first one to do that, I think you would need to explain your situation in your application (I am sure sure about the specific form) but I do not see why it is a red flag.

I-130

Jun 28 2004 : Received at NSC

Oct 25 2004 : Transferred to CSC

Oct 29 2004 : Received at CSC

Nov 8 2004 : Received response from CSC that my file is being requested & review will be done

Nov 10 2004 : Email & online status Approved

Nov 15 2004 : NOA 2 in mail

Dec 16 2004 : NVC assigns case number

Dec 20 2004 : NVC sent DS 3032 to beneficiary, copy of DS 3032 & I-864 fee bill to petitioner

Jan 3 2005 : Petitioner received copy of DS 3032 and I-864 fee bill. Post-marked Dec 23rd.

Jan 11 2005 : Beneficiary received DS 3032 in Indonesia

Jan 31 2005 : Sent DS 3032 to NVC

Feb 8, 2005 : NVC received DS 3032

Feb 21, 2005 : IV fee generated

Feb 25, 2005 : Sent I-864 fee bill

Feb 28, 2005 : I-864 fee bill delivered to St Louis

Mar 3, 2005 : IV fee bill received

Mar 7, 2005 : Sent IV fee bill

Mar 9, 2005 : IV fee bill delivered to St Louis

Mar 28, 2005 : I-864 fee credited against case.

April 6, 2005 : Received I-864 package

April 7, 2005 : Immigrant Visa fee credited against case.

April 11, 2005 : DS 230 is generated

Aug 12, 2005 : I-864 & DS 230 received by NVC

Sep 14, 2005 : RFE on I-864

Nov 3, 2005 : Checklist response received at NVC

Nov 25, 2005 : Case completion

Dec 9, 2005 : Police Cert requested from the Netherlands

Jan 12 2006 : Interview success - Approved !!

Jan 19 2006 : Visa & brown envelope picked up

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lrock1111 Explorer

lrock1111   0

Posted
Filed: K-1 Visa Country: Ireland
 Timeline
  • Author
Posted

I should have clarified that we would like to settle permanently in the U.S. after a period spent abroad.

AOS

2/15/08 Married :)

3/3/08 AOS etc application sent

3/14/08 Application packet returned...signed in wrong spot

3/17/08 Corrected packet resubmitted

3/24/08 Called USCIS to learn packet was being returned again due to another error

PACKET NEVER ARRIVED _ LOST AT USCIS....WAITING FOR EXPLANATION/INSTRUCTIONS

5/12/08 Sent a new application with cover letter explaining situation

5/19/08 NOAs

5/20/08 Check cashed...FINALLY

6/10/08 Biometrics

6/20/08 AOS transferred to CSC

6/23/08 AOS touched - again 6/30 (probably received in CA)

7/9/08 AOS touched

7/10/08 AOS touched...come on CSC :)

7/18/08 EAD approved!!!!!! Card prodution ordered (67 days from filing)

7/28/08 Email saying EAD card mailed out today....but it was in the mailbox when I got home!!!!! Finally!!!

8/15/08 Welcome Permanent Resident Email

8/20/08 Email that AOS application is approved!!!! (100 days from time final application sent)

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Reba Experienced

Reba   2

Posted
Filed: Other Timeline
Posted

how long do you expect to be living abroad? If you're not planning to settle in the US for a few years yet, why even bother with the K visa? He woldn't be eligible for AOS if he's not even in the country anyhow.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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lrock1111 Explorer

lrock1111   0

Posted
Filed: K-1 Visa Country: Ireland
 Timeline
  • Author
Posted

We'd probably be abroad at least 2 years which is why I figured the immigrant marriage visa would work well for us. I do have a concern about the affadavit of support. I have a good job here & the affadavit wouldn't worry me for the K1, but if we are abroad, he would have the primary income- I'm not sure what kind of money I will be making. Can he be his own sponsor for the affadavit of support if needed?

That's why I'm confused about whether I need to be in the US to file the immigrant marriage visa application...do I need to maintain a work history while the application is filed in order for us to be approved?

AOS

2/15/08 Married :)

3/3/08 AOS etc application sent

3/14/08 Application packet returned...signed in wrong spot

3/17/08 Corrected packet resubmitted

3/24/08 Called USCIS to learn packet was being returned again due to another error

PACKET NEVER ARRIVED _ LOST AT USCIS....WAITING FOR EXPLANATION/INSTRUCTIONS

5/12/08 Sent a new application with cover letter explaining situation

5/19/08 NOAs

5/20/08 Check cashed...FINALLY

6/10/08 Biometrics

6/20/08 AOS transferred to CSC

6/23/08 AOS touched - again 6/30 (probably received in CA)

7/9/08 AOS touched

7/10/08 AOS touched...come on CSC :)

7/18/08 EAD approved!!!!!! Card prodution ordered (67 days from filing)

7/28/08 Email saying EAD card mailed out today....but it was in the mailbox when I got home!!!!! Finally!!!

8/15/08 Welcome Permanent Resident Email

8/20/08 Email that AOS application is approved!!!! (100 days from time final application sent)

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endless Enthusiast

endless   0

Posted
Filed: K-3 Visa Country: Italy
 Timeline
Posted

A joint sponsor could be a solution. Unless he works for an american company and he will have the same job in the US his income don't count. His assets do though. Everything that can be turned into cash within 1 year counts for the affidavit. We put my bank account on my wife's I-864 (she is the USC). You can be in Ireland and try DSC which is actually way faster.

Honestly I would wait and go for DSC after you guys get married, if you plan to stay for 2 years you have plenty of time to file! Don't stretch the immigration laws...

Married Jan 2007

I-130

03/21/2007 sent to NSC - 06/18/2007 NOA2 - 89 days

NVC stage

07/24/2007 e-mailed DS-3032 choice of agent

01/04/2008 Approved - visa in my hand! 289 days

01/13/2008 Entry the US

10/15/2009 I-751

12/03/2009 Biometrics

1/06/2010 Removal of conditions approved

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