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  • wanting to double check

    hey I am pretty sure that I have this application process figured out, but I wanted to ask to see what you thought . I am a US citizen and just recently married a woman from South Africa. We had applied for the K1 fiancee visa in order to get her here, but I recently discovered that she could enter on the Visa Waiver Program because she is a duel citizen of Germany. She entered and we are now married and are about to begin to apply for everything she needs in order for her to stay in the US past the 90 window she was given.my questions to you are...

    1. - Is the pending K1 fiancee Visa we applied for going to effect the application process I am about to start for her to adjust her status?

    2. - I belive the forms I need to file for her are I-130, I-485, and I-765. Is this correct? if so, is there any forms that I am missing from my list in order for her to stay here, begin conditional perminent status, and be able to work legally?

  • #2
    Originally posted by brian02
    hey I am pretty sure that I have this application process figured out, but I wanted to ask to see what you thought . I am a US citizen and just recently married a woman from South Africa. We had applied for the K1 fiancee visa in order to get her here, but I recently discovered that she could enter on the Visa Waiver Program because she is a duel citizen of Germany. She entered and we are now married and are about to begin to apply for everything she needs in order for her to stay in the US past the 90 window she was given.my questions to you are...

    1. - Is the pending K1 fiancee Visa we applied for going to effect the application process I am about to start for her to adjust her status?

    2. - I belive the forms I need to file for her are I-130, I-485, and I-765. Is this correct? if so, is there any forms that I am missing from my list in order for her to stay here, begin conditional perminent status, and be able to work legally?

    If youre lucky, everyhting will go through...if not, you might have a little problem.
    When your friend entered the US, she seem to have had a clear intent to remain here permanently ........thats a violation of the visa waiver program..........and USCIS could very well take that view in light of her K-1 application and the marraige right after she entered and deny the application...........hopefully it won't become an issue but it just might. ....How far into the 90 day stay is she?.............you seemed to ahve gotten married very quickly after she entered and that will probably come up........wait as close to the expiration of the 90 day stay before you marry....and you have to withdraw the K-1 application

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