Jump to content

14 posts in this topic

Recommended Posts

Filed: Country: Australia
Timeline

My fiance is traveling to the US on a p1 visa to tour with his band. We'd decided to get married while's he's here after the tour ends, but we just found out that the visa expires pretty soon after. Will we be okay as long as we file the AoS before the P1 expires? Will he be allowed to stay in the US with me after it's expired if his paperwork has been submitted?

12-28-2008 - He came to America with his band on a P1.

01-10-2009 - Met each other and started dating (informally)

02-21-2009 - Formally started our relationship.

03-15-2009 - He left for to tour.

04-03-2009 - Engaged!

11-26-2009 - Flew to Australia for 3 months.

03-30-2010 - He flew to the US to for 1 month.

06-11-2010 - 129-F submitted to CSC.

06-18-2010 - He returned to US to tour with his band.

06-18-2010 - NOA1 Received.

9-9-2010 He returned to Australia.

11-4-2010 - NOA2 Approved!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ireland
Timeline

I don't believe the P1 is a dual intent visa; ie your fiance can perform in the US on this visa but cannot immigrate on it. Thus, using this visa to enter the USA with intent to get married AND STAY is fraud and could lead to a lifetime ban for him.

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

Link to comment
Share on other sites

Filed: Country: Australia
Timeline

I don't believe the P1 is a dual intent visa; ie your fiance can perform in the US on this visa but cannot immigrate on it. Thus, using this visa to enter the USA with intent to get married AND STAY is fraud and could lead to a lifetime ban for him.

You actually can apply for an Aos On a P1 to become a permanent resident and it is legal. We're just worried about filing for the AoS, then his P1 expiring.

12-28-2008 - He came to America with his band on a P1.

01-10-2009 - Met each other and started dating (informally)

02-21-2009 - Formally started our relationship.

03-15-2009 - He left for to tour.

04-03-2009 - Engaged!

11-26-2009 - Flew to Australia for 3 months.

03-30-2010 - He flew to the US to for 1 month.

06-11-2010 - 129-F submitted to CSC.

06-18-2010 - He returned to US to tour with his band.

06-18-2010 - NOA1 Received.

9-9-2010 He returned to Australia.

11-4-2010 - NOA2 Approved!

Link to comment
Share on other sites

Filed: AOS (apr) Country: Ireland
Timeline

You actually can apply for an Aos On a P1 to become a permanent resident and it is legal. We're just worried about filing for the AoS, then his P1 expiring.

Why would this matter to you? Is he thinking of leaving the US?

lolfs.gif
Link to comment
Share on other sites

Filed: Country: Australia
Timeline

Why would this matter to you? Is he thinking of leaving the US?

No, he wants to live her permanently and be able be able to work when his band isn't touring. I want to make sure that if we file is AoS before his P1 expires, that he will be able to legally stay here until the AoS is accepted. His band is leaving to return to Australia soon after tour and we want him to be able to stay and work.

Edited by missbakkwudz

12-28-2008 - He came to America with his band on a P1.

01-10-2009 - Met each other and started dating (informally)

02-21-2009 - Formally started our relationship.

03-15-2009 - He left for to tour.

04-03-2009 - Engaged!

11-26-2009 - Flew to Australia for 3 months.

03-30-2010 - He flew to the US to for 1 month.

06-11-2010 - 129-F submitted to CSC.

06-18-2010 - He returned to US to tour with his band.

06-18-2010 - NOA1 Received.

9-9-2010 He returned to Australia.

11-4-2010 - NOA2 Approved!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline

My fiance is traveling to the US on a p1 visa to tour with his band. We'd decided to get married while's he's here after the tour ends, but we just found out that the visa expires pretty soon after. Will we be okay as long as we file the AoS before the P1 expires? Will he be allowed to stay in the US with me after it's expired if his paperwork has been submitted?

Okay well as you are PLANNING to violate immigration laws then we can't really give you advice.

You stated it's legal to AOS from a P1 and it is BUT it is ILLEGAL to use the visa to do this on purpose. It is one thing to be in the US on a P1 visa, decide you can't be apart and AOS which is not the case here therefore what you're planning is ILLEGAL!

Link to comment
Share on other sites

No, he wants to live her permanently and be able be able to work when his band isn't touring. I want to make sure that if we file is AoS before his P1 expires, that he will be able to legally stay here until the AoS is accepted. His band is leaving to return to Australia soon after tour and we want him to be able to stay and work.

If you send the AOS before the visa expires, it's ok. Even if it's few days later (but not too many).

What the other respondent (penguin)said about being illegal is that your guy comes here to tour and he already knows and plans to get married and say. That it's illegal. The idea is that when u use a visa, at the entry moment you should not have other intentions that what the visa is for.

Patience is the greatest virtue. We all need it while dealing with USCIS (hahaha)

Entered US (B1/B2 visa): Sept 19, 2008

I94 expiry: March 19, 2009

Married: Nov 28th, 2008

Mailed: AOS, I-130, I-131, I-785: March 2nd, 2009

Check cashed: March 12th, 2009

NOAs received: March 13th, 2009 (Issued: March 11th, 2009)

Biometrics Appoint. Received: March 16th, 2009 (Issued: March 13th, 2009)

Biometrics Scheduled: March 27, 2009

Biometrics done: March 18th, 2009

Received Advance Parole: May 4th, 2009

EAD: May 7th, 2009

Interview invitation received: June 5th, 2009

Interview date: July 13th, 2009

Green card approved & passport stamped at the interview: July 13th, 2009

Welcome letter received: July 21st, 2009

Green card received: July 27th, 2009

Condition removal mailed: April, 18th, 2011

Condition removal approved: July 21st, 2011

10 years green card received: July 27th, 2011

Link to comment
Share on other sites

Filed: Country: Australia
Timeline

If you send the AOS before the visa expires, it's ok. Even if it's few days later (but not too many).

What the other respondent (penguin)said about being illegal is that your guy comes here to tour and he already knows and plans to get married and say. That it's illegal. The idea is that when u use a visa, at the entry moment you should not have other intentions that what the visa is for.

Okay, I understand what you're saying now. Now that is cleared up, would our next best option be to AoS to the K1 visa instead of permanent residency? That way we can legally get married and aren't trying to jump through any hoops?

12-28-2008 - He came to America with his band on a P1.

01-10-2009 - Met each other and started dating (informally)

02-21-2009 - Formally started our relationship.

03-15-2009 - He left for to tour.

04-03-2009 - Engaged!

11-26-2009 - Flew to Australia for 3 months.

03-30-2010 - He flew to the US to for 1 month.

06-11-2010 - 129-F submitted to CSC.

06-18-2010 - He returned to US to tour with his band.

06-18-2010 - NOA1 Received.

9-9-2010 He returned to Australia.

11-4-2010 - NOA2 Approved!

Link to comment
Share on other sites

** Reminder to all members posting in this (or other) topics **

Our Terms of Service expressly forbids posts/content that may fall under the following:

[Will not]

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Please keep this in mind when posting.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Romania
Timeline

Okay, I understand what you're saying now. Now that is cleared up, would our next best option be to AoS to the K1 visa instead of permanent residency? That way we can legally get married and aren't trying to jump through any hoops?

yes, the K1 route would be the legal way.

My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

Link to comment
Share on other sites

Filed: Country: Australia
Timeline

yes, the K1 route would be the legal way.

Can we adjust status to a K1 and he remain in the states? Or would he have to return to his own country and us start from scratch?

12-28-2008 - He came to America with his band on a P1.

01-10-2009 - Met each other and started dating (informally)

02-21-2009 - Formally started our relationship.

03-15-2009 - He left for to tour.

04-03-2009 - Engaged!

11-26-2009 - Flew to Australia for 3 months.

03-30-2010 - He flew to the US to for 1 month.

06-11-2010 - 129-F submitted to CSC.

06-18-2010 - He returned to US to tour with his band.

06-18-2010 - NOA1 Received.

9-9-2010 He returned to Australia.

11-4-2010 - NOA2 Approved!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Germany
Timeline

You cant Adjust to a K1 you can apply for it...It has to be done in the Home Country at the U.S Embassy there..He wont be stayin in the US with you until K1 is Approved and you get married after that with in 90 days

09-13-10 got engaged <3

09-28-10 Sent I129-F Express

09-29-10 Delivered to Lewisville,TX but forwarded to Dallas

09-30-10 Delivered and Signed in Person in DALLAS

10-05-10 NOA 1

10-08-10 touched

10-11-10 touched

04-13-10 NOA 2 !!!!!!!!!!!!!!!!!!!!

04-14-10 MEDICAL

Link to comment
Share on other sites

Filed: K-1 Visa Country: Vietnam
Timeline

My fiance is traveling to the US on a p1 visa to tour with his band. We'd decided to get married while's he's here after the tour ends, but we just found out that the visa expires pretty soon after. Will we be okay as long as we file the AoS before the P1 expires? Will he be allowed to stay in the US with me after it's expired if his paperwork has been submitted?

Ok, unless by some freak coincidence there happens to be TWO VJ members who have a case involving an Australian musician who wants to marry in the US while touring on a P1 visa, and by the same freak coincidence they happened to join the forum within a day of each other, then I've already responded to your fiance's thread here:

http://www.visajourney.com/forums/topic/259825-urgent-help-please/

In THAT thread he said he was already in the US touring on his P1 visa, and that he didn't intend to immigrate when he arrived, but that you guys decided to go ahead and tie the knot while he's here. Other than that, the questions he asked are nearly identical to the ones you asked, including whether it was possible to change from a P1 to a K1 while he was in the US.

So what's the scoop? Is he in the US currently on tour yet? If not, and if the wedding and adjustment of status are being planned in advance, then he lied in his thread. :angry:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...