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  • K-1 change

    Hi,
    I have a dear friend who just arrived in US, sponsored by his fiancee... We have decided to get married, he has broken it off with her. Is there any other way for him to adjust status-will he have to go to his home country and me file k-1 or can we marry and file k-3??? I understand we can't use original k-1 visa...

  • #2
    Hi,
    I have a dear friend who just arrived in US, sponsored by his fiancee... We have decided to get married, he has broken it off with her. Is there any other way for him to adjust status-will he have to go to his home country and me file k-1 or can we marry and file k-3??? I understand we can't use original k-1 visa...

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    • #3
      There is no way he can adjust status and remain in the country. He must return to his home country and you'll have to re-start the process for him.

      You can file a K-1 for him, or marry and go straight for an immigrant CR-1 visa. K-3 is only an option if you marry and he is in his come country - it can't be applied for if he's in the US. At present, it's processing about the same time as IR/CR-1, is slightly more expensive and means that he will have to adjust status when he arrives in the US. Most people recommend you don't bother with it.

      It is likely that since he immediately broke up with the sponsoring fiancee and entered in to another engagement/marriage so quickly, your application will be closely looked at for fraud.

      Good luck.
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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      • #4
        K-1 holder will have to go back to his country before 90 days. There is no way that he can adjust his status in the US. If you want to file K-1 for him, he must go back and get his new K-1 visa against I-129F filed by you. Do not let him stay beyond 90 days, otherwise he will be barred in future from Immigration benefits.

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        • #5
          You can file to adjust status in the U.S. but your application will be denied for fraud.

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          • #6
            I know it will be closely looked at.... we have a ten year relationship so I think that will help. We're considering whether it's best to marry and him go back or just go back and do k-1. I am thinking it might be more secure to marry and do k-3? He'll get work permit faster that way, right?

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            • #7
              Actually, no. K-3 is the same as K-1. He'll enter the US as a non-immigrant and have to go through the process to adjust status, get work authority etc.

              As I said above, K-3 is processing around the same time as CR-1 and a lot of people advise not bothering with it - by the time you go through the AOS, it's actually longer and more expensive.

              With CR-1 (Conditional Residency, granted if the marriage is less than 2 years old at time of approval), he arrives as a legal resident, able to work immediately with no worries about dealing with USCIS until it's time for him to remove those conditions 2 years later.
              **************************************
              The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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              • #8
                oh, I see... but. if he came in on k-1 he'll have to leave and come back in so... I am not familiar with going straight for cr-1... the k-3 lets him come in and wait for adjustment and with cr-1 he's already adjusted, ready to work, etc? sorry, hard to wrap my head around some of this!

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                • #9
                  what an amazing set of circumstances....your 'friend' arrives with a fiancee visa, but yet, you claim a ten year relationship with this visa cheat....now, what is wrong with this picture? Seems like your 'friend' lied from the beginning, as a means to get to the US, because your relationship with this clown is likely very suspect....is your trailer a single-wide or a double-wide?

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                  • #10
                    If life were only as simple as you seem to think... he's not the only one that has fallen fast and hard then found out it wasn't the lasting sort of love. He didn't marry her and lie, etc. He realized his error. There are a lot of things he could have done to take advantage of the situation. He and I have been friends or more, it is me that has realized I want him in my life for the long term. We're in the talking phase, not rushing phase. Our relationship is not suspect, it is what it is. We could have done something a lonnnng time ago if we were trying to cheat the system. Most people on here seem to try to be helpful but then there's you....

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                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Bonnie:
                      oh, I see... but. if he came in on k-1 he'll have to leave and come back in so... I am not familiar with going straight for cr-1... the k-3 lets him come in and wait for adjustment and with cr-1 he's already adjusted, ready to work, etc? sorry, hard to wrap my head around some of this! </div></BLOCKQUOTE>

                      He wouldn't have to leave on K-1 if he married the sponsoring fiancee. With that visa, you enter the US and once you marry, apply for an adjustment of status. That has to be done within 90 days of arrival and it must be to the sponsor, not somebody else. It's only because he broke off with her and invalidated his K-1 visa that he must return home. Make sense?

                      You've got it right though. CR-1 grants immediate residency, work authority, everything once he lands in the US and goes through secondary inspection. Provided he ticked the box on the forms, his SSN would likely arrive within a couple of weeks. Of course, you do have to be married first for that as well as for K-3. The process is pretty similar. You start by filing an I-130 with the USCIS, but rather than filing an I-29F (for the K-3), you wait. Once the I-130 is approved, the file moves over to the NVC and eventually winds up at the Consulate in his country. Both CR-1 and K-3 take roughly a year, depending on the country and any other extenuating circumstances.
                      **************************************
                      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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                      • #12
                        Thanks for your help, Aroha. It's hard to believe it takes so long, isn't it.

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                        • #13
                          Sure....like your story has any relation to the truth....your BF arrives with a (obtained by fraud) fiancee visa and, moments after getting his luggage, he 'suddenly' realizes that the love of his life is you.....the flies are buzzing in a cluster around this pile of manure...

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                          • #14
                            If that's what happened I'd write a song about it.

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                            • #15
                              LOL Bonnie. Don't feed the troll.

                              It doesn't matter anyway. Even if he did obtain his K-1 by fraudulent means, it's done him absolutely no good and makes him one of the lousiest scammers on the planet
                              **************************************
                              The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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