Crazy Cat

I don't think Nigeria is on the travel ban list yet.....but I have read articles which suggest it could happen.

Welcome to the forums!! Every couple has their own priorities, and each couple must decide which visa is better for their situation. K-1 More expensive than CR-1 Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork) Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) Spouse can not work until she/he receives EAD (approx 3-6 months) Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period Spouse will not receive Green Card for many months after Adjustment of Status is filed. A K-1 might be a better choice when 18-21 year old children are immigrating also In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice A denied K-1 is sent back to USCIS to expire K-1 entrant cannot file for citizenship until after having Green Card for 3 years. Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises. Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US. CR-1/IR-1 Less expensive than K-1 No Adjustment of Status(I-485, I-131, I-765) required. Spouse can immediately travel outside the US Spouse is authorized to work immediately upon arrival. Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport. Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. The clock for citizenship filing starts immediately upon entry to the US. A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.

OK. The visa has been endorsed. It serves as a temporary Green card for a year. Is it similar to this: If the stamp has the entry date and class of admission, all is well.

The visa, itself has the statement "Upon Endorsement Serves as Temporary I-551 Evidencing Permanent Residence of 1 Year""

Does the stamp have an entry date?

Visits. Actual time spent in the same place is the best evidence of a relationship.

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That is a good idea if asked to explain.....

Yep. If adjusting status through a Green Card holder, it would be.

Another vote to file asap after getting a marriage certificate.

There is never a benefit in waiting to file an I-485. Filing the I-485 allows a person to apply for an EAD, it allows a person apply for Advance Parole, and upon approval starts the 3 year clock for a citizenship application.

Marriage to a US citizen confers NO immigration rights or rights to remain in the US. As soon as he files a proper I-485, he will be in authorized stay. Until he does that, he is technically subject to detention and deportation. After filing the I-485, he should carry a copy of the I-485 receipt notice with him.

He has been out of status since day 91 after entering the US. Once he files a proper I-485, he will be granted "authorized stay" until the I-485 is adjudicated. "Authorized stay" is not a legal status, but it prevents accruing further unlawful presence. You won't get denied for this. Unlawful presence is NOT a bar to adjustment of status for immediate relatives of US citizens. Get that I-485 filed ASAP!!!

I wonder what the definition of "non-citizen" is? https://www.newsmax.com/politics/barry-moore-house-drunken-drivers/2025/06/27/id/1216816/

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I simply do not believe this. They MUST stamp an immigrant visa. Otherwise the visa holder has no evidence of legal status. It is true that I-94s are electronic, but LPRs do not have I-94s. CBP has stopped stamping visitor passports, but that does not include immigrant visas. I have found nothing that states CBP has stopped endorsing them. Please let us know if your green card arrives.

She cannot enter as a visitor on ESTA and file an I-485. We have repeatedly said that.

No, That is fraud.

Question- Are there any questions on the ESTA application about violating previous visas?

Every couple has their own priorities, and each couple must decide which visa is better for their situation. K-1 More expensive than CR-1 Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork) Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) Spouse can not work until she/he receives EAD (approx 3-6 months) Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period Spouse will not receive Green Card for many months after Adjustment of Status is filed. A K-1 might be a better choice when 18-21 year old children are immigrating also In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice A denied K-1 is sent back to USCIS to expire K-1 entrant cannot file for citizenship until after having Green Card for 3 years. Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises. Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US. CR-1/IR-1 Less expensive than K-1 No Adjustment of Status(I-485, I-131, I-765) required. Spouse can immediately travel outside the US Spouse is authorized to work immediately upon arrival. Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport. Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. The clock for citizenship filing starts immediately upon entry to the US. A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.

I think you might have problems if within 14 days of expiration.

Thanks for the link. It's my understanding that an I-824 would be required for an approved I-130. It appears that, prior to final approval, the OP could contact the Service Center.: "Prior to final adjudication of the petition, the petitioner may provide updates on the petition, including whether the beneficiary intends to adjust status or consular process, the preferred embassy or consulate for visa processing, and the beneficiary’s address. To provide updated information on a pending petition, petitioners should contact the office indicated on the Form I-130 receipt notice" Seems to me it would be better to do it sooner rather than later....since an I-824 takes quite a while....and is expensive.

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I'm sorry to tell you that USCIS won't send it to NVC. The approved I-130 will remain at USCIS until you submit an I-824 to move it to NVC. That could take about a year. EDIT: If the I-130 is approved.