Crazy Cat
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Everything posted by Crazy Cat
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A K-1 is not a "Try before you buy" visa. To file an I-129f you MUST submit a letter showing commitment to marry. Why wait? The US immigration process requires a great deal of knowledge, PLANNING, time, patience, and a significant amout of money. A wise couple should have the entire process locked in and planned. Besides, waiting 60 days just delays the ability to work, delays the ability to travel outside the US, delays obtaining the Green Card, and delays the ability to apply for citizenship. I wouldn't wait unless there were real issues between the couple. Just my opinion. -
****Old thread locked for further comments***
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It means the 3 year clock for filing for citizenship begins when a person becomes a legal resident. In the case of a person who enters with a CR-1, the 3 year clock for filing starts the minute they arrive in the US. For a K-1 entrant, the 3 year clock starts when their Adjustment of Status is approved......which could be a year or more after they arrive in the US. To file for citizenship, a spouse of a US citizen must have been married to a US citizen for 3 years, AND the immigrant must have been a legal resident (Green Card holder) for 3 years.
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Nice analysis, Tbone. I think you're right on target. Intent to deny.....or to let expire, imo.
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Some of the MSM would lead us to think so...LOL.
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Seems like a broad ruling. I would be making plans for an exit if I were out of status.......Newscaster says ICE can now use location, job type, physical appearance, etc., as some of the factors when making arrests as the legalities play out.
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This would be a tough decision for me. The Consulate's decision could go either way......50/50, imho.
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I doubt it will be in AP for a year.
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I think the issue causing the extended Administrative Processing is the ceremony. Seems, to me, it shouldn't take much longer to make a decision.
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An approved I-129F expires after 4 months. The consulate has the discretion to extend them for 4 month increments up to a year. Sometimes, they just let them expire. There is no appeal.
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I know. My point is that, you might face another round of extended AP with a CR-1. However, after re-reading your first post, I think it is clear that the issue is the ceremony. That is something we always advise members to avoid. I completely understand your frustration because there is a real possibility that the K-1 will be denied......due to being too married for a K-1. I think you will get a decision soon. I would probably wait another couple of months before making a final decision to marry. Or, as @Boiler said, you could sue them for a decision (which could go either way). Good luck.
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Marriage will not solve the Administrative Process delay for a CR-1. Marriage would force you to start from scratch again. What is your fiance's country of origin?
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There are even cases where people received a new Green Card after their oath ceremony....LOL.
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You are still a legal resident with or without the 10 year card. There have been multiple cases where members traveled without issue. I have never heard of anyone having problems using the expired Green Card and extension letter in this situation. The official CBP carrier guide allows airline boarding with the expired Green Card and unexpired extension letter. It even allows boarding with an expired 10 year card. Realistically, the word "difficulty" doesn't mean "barred from". Anyway, my rationale FWIW.
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***Personal info removed from OP comment***
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I believe she meant to say to speed up the I-130.
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Our combo interview was at Dallas, too, in late 2022. However, my wife received a letter about a week later which stated she would NOT receive a 10 year card since her N-400 was approved.
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She can still travel on the expired Green card and extension letter or the 10 year Green card until the oath ceremony. At the oath ceremony, she will surrender both of them. She will need a US passport to travel after the oath ceremony.
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That is inaccurate. A Joint Sponsor has exactly the same income requirements and obligations a primary sponsor. Both the primary sponsor and joint sponsor are independently and equally obligated. Numbers look OK to me....but I am not the consulate officer.
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This K-1 flowsheet might be helpful: I agree with @Boiler. Early marriage is better.
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Ideally, you need proof of filing....which would be the USCIS I-797 for receipt of the I-485.
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It is highly recommended to file the I-485 package prior to the end of that 90 days....as on day 91, the K-1 visa holder is out of status and subject to deportation. Marriage to a US citizen gives no rights to remain in the US. As of right now, once the applicant submits a PROPER I-485, they are granted authorized stay until the I-485 is adjudicated via a DHS policy. That policy could change. With this administration, anyone without clear status in the US is subject to increased scrutiny.
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That is a standard note from NVC when taxes appear low...which is meaningless. The Consulate Officer is the sole authority for visas. The last thing you want is to confuse the consulate officer. That is why a single, well-qualified joint sponsor is better than throwing family members in the mix. To answer your question: A joint sponsor's income and qualifications must be (and are) considered separately as an independent sponsor.
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You are still very early. My neighbor's case too several months after they sent an RFE reply.
