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DeathRaaki

OK to file I-130 after a Visit to US ??

By DeathRaaki in IR-1 / CR-1 Spouse Visa Process & Procedures

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DeathRaaki Explorer

DeathRaaki   3

Posted
Filed: IR-1/CR-1 Visa Country: United Arab Emirates
 Timeline
Posted

I Visited US for 3 weeks on a visit visa to see my wife. Now we are planning to file for I-130.

Should we file immediately after my return or should we wait for 45 to 60 days before we can file for I-130 ?

31-03-2013 Got married
15-08-2014 I-130 sent
19-08-2014 NOA 1
19-11-2014 I-130 Approved
26-01-2015 Received DS-261/AOS Bill
02-02-2015 Paid AOS fee
15-03-2015 Paid IV fee
17-03-2015 Package sent to NVC
23-03-2015 Package received at NVC
24-03-2015 DS 260 submitted online
25-03-2015 Confirmation email received from NVC
21-04-2015 Received Checklist
27-04-2015 Checklist documents sent to NVC
06-06-2015 Received email for case approval

26-08-2015 Interview scheduled for 22nd Sep 2015

22-09-2015 Visa Approved

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

File whenever you want, you cna even file while still there. There is nothing wrong with visiting your wife- in fact, it is a good thing as long as you do not overstay!

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Schulley Contributor

Schulley   20

Posted
Filed: IR-1/CR-1 Visa Country: Panama
 Timeline
Posted

We filed our I-130 three weeks after my spouse returned to his home country, and it was just approved last week. As long as you are not planning to do an AOS from within the US, they are fine with you filing it whenever.

USCIS
01-25-2014: Filed I-130
01-30-2014: NOA1, Sent to Vermont Service Center
06-11-2014: NOA2, I-130 Approved!

NVC
06-26-2014: Arrived at NVC
07-10-2014: Case # and IIN assigned
07-28-2014: D-261 available & submitted/AOS fee invoiced
07-29-2014: AOS fee paid
07-31-2014: AOS package sent
08-04-2014: AOS package scanned by NVC
08-08-2014: Amended I-864EZ re-sent (I stupidly put AGI instead of Total Income on the form)
08-13-2014: AOS package scanned by NVC
09-06-2014: DS-261 accepted
09-10-2014: IV fee invoiced/paid
09-13-2014: DS-260 completed
10-02-2014: BOTH AOS packages reviewed and accepted together (no checklist! woohoo!) NEVERMIND. HE LIED. SEE BELOW.
10-02-2014: IV package sent (it took an extra month because DHL/Customs lost my husband's birth certificate and police records in September)
10-06-2014: IV package arrived at NVC (you know, because overnight with USPS means four days later)
10-08-2014: IV package scanned by NVC
10-09-2014: Received checklist for AOS packet saying I put the wrong income number. They are wrong. Awaiting review from Supervisor Mari.
10-16-2014: My Senator's office requested an expedite review of our case. This request was submitted by the NVC to the U.S. Embassy on this date.
10-22-2014: U.S. Embassy in Panama approves expedite request!
10-24-2014: All documents at NVC mailed to U.S. Embassy in Panama
10-27-2014: All documents at NVC delivered to U.S. Embassy in Panama

U.S. Embassy in Panama

10-28-2014: Interview scheduled by Embassy for 11-13-2014
10-30-2014: Medical
11-13-2014: Interview -- APPROVED!
11-19-2014: Visa Received
12-12-2014: Point of Entry!

12-20-2014: Social Security Number arrived by mail

USCIS - Petition to Remove Conditions
09-26-2016: Filed I-751

09-30-2016: NOA Date (Received in mail on 10-06-2016)

10-03-2016: Checks cashed

10-31-2016: Biometrics (Received appointment in mail on 10/21/2016)

08-23-2017: Date of Decision: Approval (Received in mail on 8/28/2017, but not updated online)

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jodari62 Apprentice

jodari62   1

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
 Timeline
Posted

We filed our I-130 three weeks after my spouse returned to his home country, and it was just approved last week. As long as you are not planning to do an AOS from within the US, they are fine with you filing it whenever.

Does that mean there would be a problem if they AOS within the US?

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Schulley Contributor

Schulley   20

Posted
Filed: IR-1/CR-1 Visa Country: Panama
 Timeline
Posted

If you get married in the US on a tourist visa, then attempt to adjust your status here without leaving, they could consider it immigration fraud. Essentially, unless you can PROVE to them that marriage and adjustment of status from within the US was not your intent from the beginning, they assume that you lied at the Point of Entry on what your INTENT was in entering the country. The burden of proof is on you (not them) to prove that you did not misuse the tourist visa or lie at the PoE about your intent to stay. Many people have been able to successfully get beyond this burden of proof, but its not a chance that mef and my spouse wanted to take. If they consider your application fraudulent, they will deny it. Here is another thread that discusses this topic: http://www.visajourney.com/forums/topic/438660-adjustment-of-status-from-b1b2-to-immigrant/

USCIS
01-25-2014: Filed I-130
01-30-2014: NOA1, Sent to Vermont Service Center
06-11-2014: NOA2, I-130 Approved!

NVC
06-26-2014: Arrived at NVC
07-10-2014: Case # and IIN assigned
07-28-2014: D-261 available & submitted/AOS fee invoiced
07-29-2014: AOS fee paid
07-31-2014: AOS package sent
08-04-2014: AOS package scanned by NVC
08-08-2014: Amended I-864EZ re-sent (I stupidly put AGI instead of Total Income on the form)
08-13-2014: AOS package scanned by NVC
09-06-2014: DS-261 accepted
09-10-2014: IV fee invoiced/paid
09-13-2014: DS-260 completed
10-02-2014: BOTH AOS packages reviewed and accepted together (no checklist! woohoo!) NEVERMIND. HE LIED. SEE BELOW.
10-02-2014: IV package sent (it took an extra month because DHL/Customs lost my husband's birth certificate and police records in September)
10-06-2014: IV package arrived at NVC (you know, because overnight with USPS means four days later)
10-08-2014: IV package scanned by NVC
10-09-2014: Received checklist for AOS packet saying I put the wrong income number. They are wrong. Awaiting review from Supervisor Mari.
10-16-2014: My Senator's office requested an expedite review of our case. This request was submitted by the NVC to the U.S. Embassy on this date.
10-22-2014: U.S. Embassy in Panama approves expedite request!
10-24-2014: All documents at NVC mailed to U.S. Embassy in Panama
10-27-2014: All documents at NVC delivered to U.S. Embassy in Panama

U.S. Embassy in Panama

10-28-2014: Interview scheduled by Embassy for 11-13-2014
10-30-2014: Medical
11-13-2014: Interview -- APPROVED!
11-19-2014: Visa Received
12-12-2014: Point of Entry!

12-20-2014: Social Security Number arrived by mail

USCIS - Petition to Remove Conditions
09-26-2016: Filed I-751

09-30-2016: NOA Date (Received in mail on 10-06-2016)

10-03-2016: Checks cashed

10-31-2016: Biometrics (Received appointment in mail on 10/21/2016)

08-23-2017: Date of Decision: Approval (Received in mail on 8/28/2017, but not updated online)

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Ryan H Grand Master

Ryan H   3,812

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

The burden of proof is on you (not them) to prove that you did not misuse the tourist visa or lie at the PoE about your intent to stay.

This is not correct. The burden of proof is on the Government to prove Material Misrepresentation, not the applicant to prove they didn't have intent. Furthermore, the USCIS Adjudicator's Field Manual specifically states that an AOS application from a non-family based visa cannot be denied on suspicion of intent alone.

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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Schulley Contributor

Schulley   20

Posted
Filed: IR-1/CR-1 Visa Country: Panama
 Timeline
Posted

Thanks for the important correction. Either way, it's still does potentially create a red flag on your application. So it still is up to you to decide whether that risk is worth it.

USCIS
01-25-2014: Filed I-130
01-30-2014: NOA1, Sent to Vermont Service Center
06-11-2014: NOA2, I-130 Approved!

NVC
06-26-2014: Arrived at NVC
07-10-2014: Case # and IIN assigned
07-28-2014: D-261 available & submitted/AOS fee invoiced
07-29-2014: AOS fee paid
07-31-2014: AOS package sent
08-04-2014: AOS package scanned by NVC
08-08-2014: Amended I-864EZ re-sent (I stupidly put AGI instead of Total Income on the form)
08-13-2014: AOS package scanned by NVC
09-06-2014: DS-261 accepted
09-10-2014: IV fee invoiced/paid
09-13-2014: DS-260 completed
10-02-2014: BOTH AOS packages reviewed and accepted together (no checklist! woohoo!) NEVERMIND. HE LIED. SEE BELOW.
10-02-2014: IV package sent (it took an extra month because DHL/Customs lost my husband's birth certificate and police records in September)
10-06-2014: IV package arrived at NVC (you know, because overnight with USPS means four days later)
10-08-2014: IV package scanned by NVC
10-09-2014: Received checklist for AOS packet saying I put the wrong income number. They are wrong. Awaiting review from Supervisor Mari.
10-16-2014: My Senator's office requested an expedite review of our case. This request was submitted by the NVC to the U.S. Embassy on this date.
10-22-2014: U.S. Embassy in Panama approves expedite request!
10-24-2014: All documents at NVC mailed to U.S. Embassy in Panama
10-27-2014: All documents at NVC delivered to U.S. Embassy in Panama

U.S. Embassy in Panama

10-28-2014: Interview scheduled by Embassy for 11-13-2014
10-30-2014: Medical
11-13-2014: Interview -- APPROVED!
11-19-2014: Visa Received
12-12-2014: Point of Entry!

12-20-2014: Social Security Number arrived by mail

USCIS - Petition to Remove Conditions
09-26-2016: Filed I-751

09-30-2016: NOA Date (Received in mail on 10-06-2016)

10-03-2016: Checks cashed

10-31-2016: Biometrics (Received appointment in mail on 10/21/2016)

08-23-2017: Date of Decision: Approval (Received in mail on 8/28/2017, but not updated online)

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