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looshan

married to a USC, now what?

By looshan in Adjustment of Status from Work, Student, & Tourist Visas

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looshan Rookie

looshan   0

Posted
Filed: AOS (pnd) Country: Saint Lucia
 Timeline
Posted

Ok, so I recently got married to a USC while i was on F1 status completing my degree. I am about to complete my degree in May and was contemplating applying for the green card.

My question is this: Since I would have completed my degree but my F1 visa isnt scheduled to expire for another 2 years, will I be considered illegal even after applying for the I-130 if i am here past May when I officially graduate?

Can I leave the US and return after before the I-130 is approved?

Should i consider applying for OPT instead?

Thanks

Any help would be appreciated.

P.S - I am hesitating to apply for the green card because my wife alone does not meet the povery limit, but together we do. So we are using a co-sponsor. Is there a place to specify co-sponsor as opposed to joint sponsor?

Adjustment of Status from F-1 visa

08/16/09 - Got Married

03/29/10 - Completed Medical

05/03/10 - Sent AOS Package

05/05/10 - Package Delivered

05/10/10 - NOA's Receipt Notice - text, email

05/12/10 - Hardcopy NOAs Received

05/14/10 - Touched (Forms I-485, I-130 & I-765)

05/17/10 - Biometrics letter (Appt set for June 8) - No Walk in allowed at my center

06/07/10 - Request for initial information (Joint sponsor forget to include 1099 and W2; silly me forget to check his package)

06/08/10 - Biometrics appt (went in at 10 for 12 appt; went smooth)

06/14/10 - Initial information sent to USCIS (delivery set for 06/18)

06/18/10 - Request for additional initial information (I-864A needed for wife of Joint sponsor)

06/29/10 - Initial information sent to USCIS (I-864A and supporting documents)

07/01/10 - Initial information delivered to USCIS

07/16/10 - Employment authorization card has been ordered. Wait 30 days for delivery.

07/21/10 - Form i-797 for Interview appointment. interview set for Aug 24th

08/24/10 - Interview at 9 am. Arrived: 8:30am. Called in: 8:55. Inteview done :9:02am. Approved.

09/03/10 - Green card received in the mail. Valid for 2 years. It is done, at least for now.

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looshan Rookie

looshan   0

Posted
Filed: AOS (pnd) Country: Saint Lucia
 Timeline
  • Author
Posted
no k-3 visa questions... moving thread

Thanks - wasn't really sure where to post this. Went by the first heading which mentioned married to USC. Oh well.

Adjustment of Status from F-1 visa

08/16/09 - Got Married

03/29/10 - Completed Medical

05/03/10 - Sent AOS Package

05/05/10 - Package Delivered

05/10/10 - NOA's Receipt Notice - text, email

05/12/10 - Hardcopy NOAs Received

05/14/10 - Touched (Forms I-485, I-130 & I-765)

05/17/10 - Biometrics letter (Appt set for June 8) - No Walk in allowed at my center

06/07/10 - Request for initial information (Joint sponsor forget to include 1099 and W2; silly me forget to check his package)

06/08/10 - Biometrics appt (went in at 10 for 12 appt; went smooth)

06/14/10 - Initial information sent to USCIS (delivery set for 06/18)

06/18/10 - Request for additional initial information (I-864A needed for wife of Joint sponsor)

06/29/10 - Initial information sent to USCIS (I-864A and supporting documents)

07/01/10 - Initial information delivered to USCIS

07/16/10 - Employment authorization card has been ordered. Wait 30 days for delivery.

07/21/10 - Form i-797 for Interview appointment. interview set for Aug 24th

08/24/10 - Interview at 9 am. Arrived: 8:30am. Called in: 8:55. Inteview done :9:02am. Approved.

09/03/10 - Green card received in the mail. Valid for 2 years. It is done, at least for now.

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besaangel Proficient

besaangel   18

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted (edited)

:D Like myself, us F-1 students wont be out of status after marriage, as long as we have began filing the AOS before (preferrably) our visa expires. And even then, once you have filed, we will not be required to be enrolled, once the AOS is filed BEFORE the end of the semester... http://www.uscis.gov/files/form/I-130.pdf

DO NOT LEAVE THE COUNTRY unless you will file form I-131 with your AOS (another $305 added)... and this procedure may take a few months to be approved for you to leave the country.

I personally wouldnt waste the time in completing the OPT (I-765), because if you file your AOS, this form will be included free of cost and you will still have the same wait period as if you spent the $340 to file for OPT... ALL THE BEST

Edited by besaangel

6y2gm4.pngE1nrm4.png

01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)

In terms of AOS, the I-864 is used and a JOINT sponsor is used, not co-sponsor so I'm not sure what you mean by "place to specify co-sponsor". The person sponsoring will need to complete the I-864 themselves AS WELL AS your wife. If the person who is joint-sponsoring you is living with you, I believe you need for I-864A.

If you petition and then leave the country without a greencard or AP document your petition will be considered abandoned and you will have to start from the start. You must wait for approval. If you ARE permitted to re-enter the US (say on the VWP) you will have entered the US with immigration intent (which IS illegal). That is IF you're permitted entry... they might decide you don't have enough ties to your home country to permit entry and then you'll need to do a CR-1 visa. In either event your petition would have been cancelled by you leaving and you would have wasted the $1K+ to apply and then need to apply again.

It's not considered "illegal" to adjust after overstaying your F1 as you are the immediate relative of a USC.

I would personally file the AOS and I-130 now prior to your official graduation just to be sure that you maintain your status. Plus it will mean you might have your greencard or AP document in time to go back home to visit, perhaps even take your new wife with you to visit the family :) It won't affect your graduation.

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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longey Apprentice

longey   1

Posted
Filed: Lift. Cond. (apr) Timeline
Posted (edited)
DO NOT LEAVE THE COUNTRY unless you will file form I-131 with your AOS (another $305 added)... and this procedure may take a few months to be approved for you to leave the country.

besaangel is right, it is not wise to leave the country on your F-1 once you're married -- there's a chance you might not get back in.

However, filing the I-131 (to get the advance parole travel document) along with your I-130/I-485 does *not* incur an additional fee!

Edited by longey

AOS:

12/05/09: Sent AOS package to Chicago lockbox.

12/11/09: USPS reports delivery of package.

12/16/09: I-485 check cashed.

12/17/09: I-130 check cashed.

12/19/09: Received four NOAs in the mail (dated 12/15)

12/28/09: Received biometrics apt. letter for 1/8/10

01/04/10: Walk-in biometrics done (Santa Ana, CA)

01/26/10: Received interview letter for March 10

02/05/10: EAD card production ordered & AP approval notice sent, both arrived in the mail shortly thereafter

03/10/10: Interview and approval for cond. GC

03/11/10: Status update "Card production ordered"

03/16/10: Welcome letter in the mail

03/22/10: GC in the mail!

ROC:

12/20/11: Mailed to CSC.

12/21/11: NOA date.

01/13/12: Scheduled biometrics.

05/18/12: Received approval letter, dated 5/14.

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besaangel Proficient

besaangel   18

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

THOUGHT I ALREADY ANSWERED...

6y2gm4.pngE1nrm4.png

01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

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looshan Rookie

looshan   0

Posted
Filed: AOS (pnd) Country: Saint Lucia
 Timeline
  • Author
Posted
besaangel is right, it is not wise to leave the country on your F-1 once you're married -- there's a chance you might not get back in.

However, filing the I-131 (to get the advance parole travel document) along with your I-130/I-485 does *not* incur an additional fee!

Thanks for the replies guys. You have been very helpful. I only have a few months left before I graduate though. I guess I better get on it.

Adjustment of Status from F-1 visa

08/16/09 - Got Married

03/29/10 - Completed Medical

05/03/10 - Sent AOS Package

05/05/10 - Package Delivered

05/10/10 - NOA's Receipt Notice - text, email

05/12/10 - Hardcopy NOAs Received

05/14/10 - Touched (Forms I-485, I-130 & I-765)

05/17/10 - Biometrics letter (Appt set for June 8) - No Walk in allowed at my center

06/07/10 - Request for initial information (Joint sponsor forget to include 1099 and W2; silly me forget to check his package)

06/08/10 - Biometrics appt (went in at 10 for 12 appt; went smooth)

06/14/10 - Initial information sent to USCIS (delivery set for 06/18)

06/18/10 - Request for additional initial information (I-864A needed for wife of Joint sponsor)

06/29/10 - Initial information sent to USCIS (I-864A and supporting documents)

07/01/10 - Initial information delivered to USCIS

07/16/10 - Employment authorization card has been ordered. Wait 30 days for delivery.

07/21/10 - Form i-797 for Interview appointment. interview set for Aug 24th

08/24/10 - Interview at 9 am. Arrived: 8:30am. Called in: 8:55. Inteview done :9:02am. Approved.

09/03/10 - Green card received in the mail. Valid for 2 years. It is done, at least for now.

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Kathryn41 Grand Master

Kathryn41   3,205

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

Duplicate threads merged in AOS from work, student & tourism visa forum and duplicate post removed.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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looshan Rookie

looshan   0

Posted
Filed: AOS (pnd) Country: Saint Lucia
 Timeline
  • Author
Posted
:D Like myself, us F-1 students wont be out of status after marriage, as long as we have began filing the AOS before (preferrably) our visa expires. And even then, once you have filed, we will not be required to be enrolled, once the AOS is filed BEFORE the end of the semester... http://www.uscis.gov/files/form/I-130.pdf

DO NOT LEAVE THE COUNTRY unless you will file form I-131 with your AOS (another $305 added)... and this procedure may take a few months to be approved for you to leave the country.

I personally wouldnt waste the time in completing the OPT (I-765), because if you file your AOS, this form will be included free of cost and you will still have the same wait period as if you spent the $340 to file for OPT... ALL THE BEST

Ok, just so i get this right. I file the I-130 and the I-485 together with all of the supporting documentation? What about that part that says you need proof of receipt of the 130 along with the 485?

Adjustment of Status from F-1 visa

08/16/09 - Got Married

03/29/10 - Completed Medical

05/03/10 - Sent AOS Package

05/05/10 - Package Delivered

05/10/10 - NOA's Receipt Notice - text, email

05/12/10 - Hardcopy NOAs Received

05/14/10 - Touched (Forms I-485, I-130 & I-765)

05/17/10 - Biometrics letter (Appt set for June 8) - No Walk in allowed at my center

06/07/10 - Request for initial information (Joint sponsor forget to include 1099 and W2; silly me forget to check his package)

06/08/10 - Biometrics appt (went in at 10 for 12 appt; went smooth)

06/14/10 - Initial information sent to USCIS (delivery set for 06/18)

06/18/10 - Request for additional initial information (I-864A needed for wife of Joint sponsor)

06/29/10 - Initial information sent to USCIS (I-864A and supporting documents)

07/01/10 - Initial information delivered to USCIS

07/16/10 - Employment authorization card has been ordered. Wait 30 days for delivery.

07/21/10 - Form i-797 for Interview appointment. interview set for Aug 24th

08/24/10 - Interview at 9 am. Arrived: 8:30am. Called in: 8:55. Inteview done :9:02am. Approved.

09/03/10 - Green card received in the mail. Valid for 2 years. It is done, at least for now.

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besaangel Proficient

besaangel   18

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted (edited)

Not needed as same sentence says "... visa petition (I-130) filed with this application that will give you an immediately available visa number, if approved"

Edited by besaangel

6y2gm4.pngE1nrm4.png

01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

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looshan Rookie

looshan   0

Posted
Filed: AOS (pnd) Country: Saint Lucia
 Timeline
  • Author
Posted
Not needed as same sentence says "... visa petition (I-130) filed with this application that will give you an immediately available visa number, if approved"

Much thanks - filing the papers now. Will let you know how it goes.

Should i worry about the timeline - a few months before i graduate?

Adjustment of Status from F-1 visa

08/16/09 - Got Married

03/29/10 - Completed Medical

05/03/10 - Sent AOS Package

05/05/10 - Package Delivered

05/10/10 - NOA's Receipt Notice - text, email

05/12/10 - Hardcopy NOAs Received

05/14/10 - Touched (Forms I-485, I-130 & I-765)

05/17/10 - Biometrics letter (Appt set for June 8) - No Walk in allowed at my center

06/07/10 - Request for initial information (Joint sponsor forget to include 1099 and W2; silly me forget to check his package)

06/08/10 - Biometrics appt (went in at 10 for 12 appt; went smooth)

06/14/10 - Initial information sent to USCIS (delivery set for 06/18)

06/18/10 - Request for additional initial information (I-864A needed for wife of Joint sponsor)

06/29/10 - Initial information sent to USCIS (I-864A and supporting documents)

07/01/10 - Initial information delivered to USCIS

07/16/10 - Employment authorization card has been ordered. Wait 30 days for delivery.

07/21/10 - Form i-797 for Interview appointment. interview set for Aug 24th

08/24/10 - Interview at 9 am. Arrived: 8:30am. Called in: 8:55. Inteview done :9:02am. Approved.

09/03/10 - Green card received in the mail. Valid for 2 years. It is done, at least for now.

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besaangel Proficient

besaangel   18

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted
Much thanks - filing the papers now. Will let you know how it goes.

Should i worry about the timeline - a few months before i graduate?

Shouldn't be a problem...

6y2gm4.pngE1nrm4.png

01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

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looshan Rookie

looshan   0

Posted
Filed: AOS (pnd) Country: Saint Lucia
 Timeline
  • Author
Posted
Shouldn't be a problem...

Ok, so now I am a little bit confused about the medical exam. Do i submit that with the I-485 when i file for it or after?

Just to make things clearer.

For Petition using I-130, use the following:

I-130

G325

All sorts of proof (in my case marriage - pics, bills, lease, etc)

I-864 for all parties included in sponsorship

Check for $355

When filing for AOS using file I-485, use the following:

I-485

Check for $1010

I-765 (employment authorization)

I-131 (petition to travel before approved)

G-1145 (E-notice)

Is this it or are there other items? :whistle:

Please excuse the questions. I would just like to do this right the first time.

Also, I noted that there are different locations for filing the I-130 and the I-485. I assumed as one package that they went to the same location. Guess I was wrong. :blink:

Adjustment of Status from F-1 visa

08/16/09 - Got Married

03/29/10 - Completed Medical

05/03/10 - Sent AOS Package

05/05/10 - Package Delivered

05/10/10 - NOA's Receipt Notice - text, email

05/12/10 - Hardcopy NOAs Received

05/14/10 - Touched (Forms I-485, I-130 & I-765)

05/17/10 - Biometrics letter (Appt set for June 8) - No Walk in allowed at my center

06/07/10 - Request for initial information (Joint sponsor forget to include 1099 and W2; silly me forget to check his package)

06/08/10 - Biometrics appt (went in at 10 for 12 appt; went smooth)

06/14/10 - Initial information sent to USCIS (delivery set for 06/18)

06/18/10 - Request for additional initial information (I-864A needed for wife of Joint sponsor)

06/29/10 - Initial information sent to USCIS (I-864A and supporting documents)

07/01/10 - Initial information delivered to USCIS

07/16/10 - Employment authorization card has been ordered. Wait 30 days for delivery.

07/21/10 - Form i-797 for Interview appointment. interview set for Aug 24th

08/24/10 - Interview at 9 am. Arrived: 8:30am. Called in: 8:55. Inteview done :9:02am. Approved.

09/03/10 - Green card received in the mail. Valid for 2 years. It is done, at least for now.

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Darnell Grand Master

Darnell   8,478

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

hang on - don't jump so fast :(

I THOUGHT both 'packets' go to the same address, when mailed TOGETHER in one mail piece?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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