Crazy Cat

90 days after entering via a K-1, he will be out of status. However, once he submits a proper I-485, he will be granted "authorized stay" in the US until the I-485 has been either approved or denied. It is strongly advised to submit Adjustment of Status paperwork within 90 days of entry. "Authorized Stay" is not a legal status, in itself, but it prevents the grantee from accruing unlawful presence. Some states allow driver's license, etc with proof of a pending I-485.

***Multiple I-134 question threads merged to organize information***

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***Moved to the Philippines regional forum***

The fastest route, at this stage, for him to start work inside the US, is to continue with the K-1. I would find a willing Joint Sponsor.

A Joint sponsor can be any US citizen or Legal Resident who resides in the US.

Yes. The I-864 is submitted prior to the case moving from NVC to the consulate.

K-3 visas are still on the books, but in reality, they are very, very rarely ever issued. Instead, the cases proceed as CR-1 cases.

Isn't that the whole ball of wax? Illegals shouldn't be in US at all.

Nice plan. I retired from the Military and immediately started my ADN RN program. My goal was to start work as an RN as soon as possible. I was also a non-traditional student . My plan worked well for me.

You are mixing up visas. As a K-1 entrant, he will complete a DS-160 after the I-129f (fiance visa) is approved. He would then file an I-485 package after you marry. At that time, he would also apply for a work authorization document (I-765). The DS-260 would be applicable only if you started completely over with a CR-1. For a CR-1, you and a qualified joint sponsor would submit I-864s at the NVC stage.

She could be included as a K-2..... If you marry now, she would be a separate I-130 case as an IR-2 (if she didn't age out). At this stage of your K-1, I would not change and restart everything with a CR-1.

Another reason to go the K-1 route No. He could visit, but not live or work in the US until the visa is approved.

No. That sounds like a K-3 which isn't issued anymore.

Normally, I would say that the CR-1 is superior. However, his K-1 interview is next week. You are much too far in the process to gain anything by changing to a spousal visa now, imo. He can be working in about 6 months after submitting his Adjustment of Status paperwork. He will likely have a Green card about a year later. If you marry now, it will be 18 to 24 months before they can immigrate. The average time from submitting an I-130 to spousal visa interview is 740 days as reported by other Visa Journey Members. Get a well-qualified joint sponsor for both the I-134 and the I-864. I would proceed with a K-1. Had you asked these questions a year ago, my answer would have been totally different. On a side note: Nursing is a great career with plenty of job opportunities and good pay. When do you finish school?

Your marriage certificate is a legal name change document. That can be used for SS card change. For Adjustment of Status paperwork, just start using her new, legal name. Book airline tickets in the passport name.

They have said that anyone out of status is in danger. After all, they are all in violation of US law.

It is a violation of the law to enter the US illegally or to remain in the US illegally.

G-325A has not been needed for at least 8 years. You are using very out-of-date information.

True. I think they will, if not already doing so, seek out anyone out of status. Priorities are much different now.

9 months? I would file for Adjustment of Status today!!!!! He is out of status and he is subject to deportation right now. There are never any benefits in waiting to file an I-485. Borrow the money....My advice is to get that I-485 filed asap. Life is full of choices...and consequences. Note: An I-130 is not needed since you married within 90 days of arrival via a K-1.

I would assume they are not linked for interview dates.

Pull the I-130 immediately.....immediately. You have nothing to gain by waiting, imo.

OK. Good luck. I hope you can find happiness for yourself.

He has several more years to wait for a visa number to become available. Additionally, Adjustment of Status is not available to him. F1 category applicants with priority date of 22 November 2015 are just now becoming current.