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K3 versus CR1, I-129F

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Old Dec 18th 2008, 9:30 am
  #16  
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Default Re: K3 versus CR1, I-129F

Originally Posted by Noorah101
I don't recall the specific posts, but maybe if you search back a month or so, you'll find which ones we are referring to...they posted on this forum.
Here's one of them: http://britishexpats.com/forum/showthread.php?t=574409

Rene

Last edited by Noorah101; Dec 18th 2008 at 9:39 am.
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Old Dec 18th 2008, 9:35 am
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Default Re: K3 versus CR1, I-129F

Originally Posted by Wibo
complicated.
Hi:

Succinct, brief and to point. Also correct.

See http://britishexpats.com/forum/showthread.php?t=551231
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Old Dec 21st 2008, 12:20 pm
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Default Re: K3 versus CR1, I-129F

I've been hearing some pretty depressing news about my chances of proving the intent-issue. Apparently having a long relationship before marriage instead of a short fling, makes your entry in the states all the more suspect. Me and my GF have know each other for over 4 years now.

Another important factor is the time it takes for me to get a work permit. I can file a request for one together with my i-130/AOS package but when does it actually get approved. After my AOS is approved or is it a separate process?

Which route gives me a work permit the quickest? An Adjustment of Status or CR1?

thanks for all the replies they are definitely shedding some light on this whole issue.

W
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Old Dec 21st 2008, 12:26 pm
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Default Re: K3 versus CR1, I-129F

Originally Posted by Wibo
Another important factor is the time it takes for me to get a work permit. I can file a request for one together with my i-130/AOS package but when does it actually get approved. After my AOS is approved or is it a separate process?
The EAD (employment authorization document) comes to you in the mail about 90 days after you file AOS. So you can plan to be unemployed about 90 days or so after filing AOS. The EAD is a separate process. The whole AOS is approved within about 3 to 12 months or so after filing AOS, and at that point you'll get your green card and wont' need the EAD anymore.

Which route gives me a work permit the quickest? An Adjustment of Status or CR1?
1. If you file AOS, you will get your permission to work about 90 days later.
2. If you go for a CR1 visa, you get your work permission on Day 1 in the USA after you enter using the CR1 visa. That said, it takes about 8 to 10 months to get the visa in hand.

Best Wishes,
Rene
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Old Dec 21st 2008, 12:36 pm
  #20  
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Default Re: K3 versus CR1, I-129F

Originally Posted by Wibo
Thanks for the replies,
I seem to have two options.
Now since i want to stay with my girlfriend i'd like to go for the adjustment of status one BUT I am only legal in the states till the 29th of december whem my visa waiver runs out. If i file for adjustement of status before that, am i in violation of the visa waiver program and illegally in the states or am i legal as long as my visa-case is in process?

Thanks again,

W

Thought you were married? Who is the gf?

Or are you hunting around for information on how to beat the system?
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Old Dec 21st 2008, 1:38 pm
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Default Re: K3 versus CR1, I-129F

Originally Posted by Rete
Or are you hunting around for information on how to beat the system?
I think this is exactly what he's trying to do. He think USCIS is Burger King... he wants it his way.

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Old Dec 22nd 2008, 12:06 am
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Default Re: K3 versus CR1, I-129F

Of course i'm hunting for information. That seems to be the thing to do in a situation like this. The previously mentioned gf is now my wife.
I'm trying to figure out where to take it from now. I don't even like fast-food.
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Old Dec 22nd 2008, 12:32 am
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Default Re: K3 versus CR1, I-129F

Originally Posted by Wibo
I'm trying to figure out where to take it from now.
You have 2 choices, and how you proceed depends on the choice you make.

This is a simple yes/no question... do you want to remain in the US while you adjust your status?

If the answer is "yes", then forget the K-3 and file to adjust your status. Do it now... today! You're very quickly running out of time!

If the answer is "no", then forget the K-3, have your wife file an I-130, you return to wherever you came from, and in 6 - 8 months you'll be able to enter the US as a permanent resident.

All the "what ifs" only serve to complicate the decision and force you to delay making a decision about what you want to do. You had these same two choices a week ago, but you have now wasted that time by trying to figure out what comes next. If you don't file... *nothing* will come next.

Ian
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Old Dec 22nd 2008, 4:47 am
  #24  
 
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Default Re: K3 versus CR1, I-129F

Originally Posted by Wibo
I've been hearing some pretty depressing news about my chances of proving the intent-issue. Apparently having a long relationship before marriage instead of a short fling, makes your entry in the states all the more suspect. Me and my GF have know each other for over 4 years now.
Where have you been 'hearing' about your own chances? If anywhere other than an individual private consultation with an immigration attorney, just be aware that there is a faction of (incorrect) people who will post online that adjusting from anything other than a K visa is "fraud".
I understand it is stressful but you have to learn to filter the info you find online. People mean well but can not understand your specific circumstances.

What you need to cover with an attorney is *your* last entry to the US and who said what.
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