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Filed: AOS (pnd) Country: Canada
Timeline
Posted

Looking for answers...

So I am Canadian and I attended university in the US for 4 years and that is where I met my boyfriend. I worked in the US for a year after I graduated on OPT (work visa) and returned home in Jul7 2008. My boyfriend and I have been talking about filing for the K-1 fiancee visa because we would like to be together. But I also would like to go to grad school and was thinking about heading back to the US. I was wondering if it would be easier to go back to school in the States and then apply for AOS.

Is this possible?

Or should we still apply for the K1?

Thanks for any responses :)

AOS/EAD/I-131:

NOA'S Received: March 19, 2010

RFE: March 25, 2010

Case transferred to CSC: April 19, 2010

Posted
Looking for answers...

So I am Canadian and I attended university in the US for 4 years and that is where I met my boyfriend. I worked in the US for a year after I graduated on OPT (work visa) and returned home in Jul7 2008. My boyfriend and I have been talking about filing for the K-1 fiancee visa because we would like to be together. But I also would like to go to grad school and was thinking about heading back to the US. I was wondering if it would be easier to go back to school in the States and then apply for AOS.

Is this possible?

Or should we still apply for the K1?

Thanks for any responses :)

Hi there! I had a similar situation as you, attended 4 years of university in the U.S. and then worked a year OPT.

From my experience with this whole "visa situation" GO BACK TO SCHOOL! You can get engaged, continue going to school, possibly get married and then look for work. My cousin did the same thing.

It's easier having a business sponsor you for a job than going through the USCIS process.

Good luck! :)

***Removing Conditions***

Submitted I-751: March 4, 2011

Check cashed: March 10, 2011

NOA1: March 8, 2011

Biometrics Appt: April 21, 2011

Early Bio Walk-in: April 7, 2011

Approved: September 7, 2011

Filed: AOS (pnd) Country: South Africa
Timeline
Posted
Looking for answers...

So I am Canadian and I attended university in the US for 4 years and that is where I met my boyfriend. I worked in the US for a year after I graduated on OPT (work visa) and returned home in Jul7 2008. My boyfriend and I have been talking about filing for the K-1 fiancee visa because we would like to be together. But I also would like to go to grad school and was thinking about heading back to the US. I was wondering if it would be easier to go back to school in the States and then apply for AOS.

Is this possible?

Or should we still apply for the K1?

Thanks for any responses :)

You must avoid "intent", i.e. planning on staying in the US when you enter on a non-immigrant visa. If you are planning on arriving on an F-1 visa but your plan is to really stay here and apply for AOS then you are circumventing the immigration process and the USCIS doesn't like that.

It sounds like K-1 is the visa for you.

03/01/2007 - POE - JFK (L-1 Visa)

01/15/2008 - Proposed

03/15/2008 - Married

09/02/2008 - Sent AOS Package (I-130, I-485, I-693)

09/03/2008 - Received - Signed by SMITH

09/04/2008 - Checks deposited

09/10/2008 - Checks cleared ($1010 + $355)

09/12/2008 - 2 NOA's received (I-130, I-485) - Dated 09/08/08

09/16/2008 - Received notice for biometrics appointment on 09/30/2008

09/20/2008 - Biometrics done - Walk in (Orlando) Took 10 minutes

09/22/2008 - I-485 viewable online (pending, of course)

09/30/2008 - Biometrics Appointment (2pm)

12/30/2008 - Received Interview Letter

02/25/2008 - Interview

03/06/2008 - Welcome Letter received (the website will clearly never send me updates!)

Filed: Other Country: Hong Kong
Timeline
Posted

Well, if you are going to grad school in the US anyway, you can apply F-1 again to continue school and plan for the future with your bf later. If you are not very sure about the school thing, and you applied for F-1, enter the US, then got married, that is risky, because the USCIS might accuse you for visa fraud.

Therefore, think about whether you want to go back to school first.... if you do, then apply for F-1, study, graduate, OPT again.....or get married, then AOS..........just do not come to the US and get married right away.

08/2002 Arrived US with F-1 Student Visa

01/01/08 EAD received (Student OPT)

08/01/08 Got married

AOS

08/31/08 USPS Express Delivery I-485, I-130, I-131, I-765 to Chicago Office

09/02/08 USCIS received the package

09/04/08 USCIS sent NOA1 by mail

09/08/08 Received all (4) NOA1 for I-130, I-131, I-485 & I-765

09/12/08 Received Biometrics appointment letter

10/03/08 Appointment for Biometrics

11/04/08 Received Interview NOA by mail

11/10/08 InfoPass for AP

11/12/08 AP Approve Notice Sent , EAD Card Production Ordered

11/17/08 AP received

11/25/08 EAD received

12/11/08 Appointment for Interview - APPROVED

12/27/08 GREEN CARD received

ROC

11/16/10 USPS Express Delivery I-751 to California Service Center

11/17/10 USCIS received the package, Notice of Action dated same day

11/19/10 Check was cashed

11/23/10 Received NOA

12/11/10 Green Gard expired

 
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