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Unused K1 and I-130

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Old Dec 30th 2001, 4:18 am
  #1  
Marco
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Hi all,

Would an unused K1 VISA be a bad antecedent to get the I-130 approval? Any
experiences?

We got ourselves in the k1 adventure to get married but above all things to
be together.

Now we got the K1 (and still we have not used it) but there is an excellent job opp
in Germany for two years and we are afraid there will not be enough time to get
married in the US and then apply for AOS and AP. I am being asked to travel right
away (both of us) to Germany and start working ASAP.

We think me might just take the job opportunity and never use the K1, instead we
could get married in Germany and then fill for I-130. Would this work out Ok?

Neither of us is German. Can the I-130 be filled at the German consulate if the
foreign spouse has a valid German residence permit?

We do not want to jeopardize our right to be together in the US because we plan to
live there after the two years period.

Thanks for your comments and happy new year,

Marco and Renate
 
Old Dec 30th 2001, 5:59 am
  #2  
Alvena Ferreira
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marco wrote:
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It should work out as described above. There is no problem in allowing the K-1 to
expire unused. If the foreign spouse is valid German resident, and you are there on
long-term basis (2 years is long term in my book), then I see no reason why you could
not take the I-130 approach, and it would likely take 6 weeks or less (but file about
3 months prior to time to be sure, and check with consulate before that to see if
their processing times have changed)

Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
 

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