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Hypothetical...In USA, Married in Other Country, No Forms Filed Yet

By rkair in What Visa Do I Need - Family Based Immigration

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rkair Contributor

rkair   0

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

I plan to get married in Colombia next month (Nov). My fiancee and her young daughter both have a tourist visa to the USA. I had not planned on filing the I-130 app until around January so I could establish joint items together. They will both come visit over Christmas for about two weeks. At this point (the visit), we will have been married a month and no papers filed as of yet.

Here's the hypothetical part I would like your feedback on:: What if I decide to file papers to change their status while they are here since I had not filed anything yet? Is that possible, what steps would I take, could they stay here while that AOS is taking place? Obviously, I don't want to commit any intentional fraud or anything like that. Just wondering if this would be a unique situation that works. Thanks for your help!

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Pitaya Grand Master

Pitaya   2,576

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

~Moved from IR-1/CR-1 Process to What Visa Do I Need-Family Based Immigration Forum~

~Hypothetical inquiry, speaking about CR-1, profile says K-1, yet to file apps/petitions~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Wayne and Claudia Proficient

Wayne and Claudia   40

Posted
Filed: Lift. Cond. (apr) Country: Colombia
 Timeline
Posted

Not good at all...don't do it.

May love and laughter light your days,
and warm your heart and home.
May good and faithful friends be yours,
wherever you may roam.
May peace and plenty bless your world
with joy that long endures.
May all life's passing seasons
bring the best to you and yours!

Service Center : Vermont Service Center
Consulate : Bogota, Colombia
Marriage: 2009-08-01
I-130 Sent : 2009-09-29
I-130 NOA1 : 2009-10-06
I-130 Approved : 2010-03-18
NVC Received : 2010-03-23
Case Completed at NVC : 2010-09-16
Interview Date : December 16, 2010
Interview Result : APPROVED
Visa Received : 12/27/10
US Entry :12/29/10
Two-year green card received: 1/19/11
SSN received: 2/2/11
Lifting of Conditions Filed 10/1/12
Lifting of Conditions NOA 10/9/12
Lifting of Conditions Biometrics Appt 10/31/12

Lifting of Conditions Approved 12/10/12

10-yr green card received 1/8/13

N-400 Naturalization Application 10/1/2013
Marital Bliss: Endless

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rkair Contributor

rkair   0

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

OK, I won't do it! :) We'll do the I-130 process and she can visit on her tourist visa as much as she wants throughout the year until the I-130 gets approved.

Thanks for the feedback.

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Ryan H Grand Master

Ryan H   3,791

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

OK, I won't do it! smile.png We'll do the I-130 process and she can visit on her tourist visa as much as she wants throughout the year until the I-130 gets approved.

Thanks for the feedback.

***And on that note, this thread is now closed. Any further inquires you have about the CR-1 process should be posted in the that forum.***

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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