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lyekka

Need advice for a friend of mine

By lyekka in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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lyekka Enthusiast

lyekka   5

Posted
Filed: Lift. Cond. (pnd) Country: Australia
 Timeline
Posted

Hey everyone! I have a good friend of mine that is currently over here on a work visa. He has been here in the states from australia for about 1 and a half to two years. He met the love of his life while working here and wants to know what is the best route to take. Do they get married then adjust status, file a K1, or do they get married and have to file a K3? He has a really good job as a comic book artist and she works in the same company as him. I know for a fact that he didnt know her before coming over to the US. So its all very legit, and I want to help them out with this journey.

Thanks for any input!

Jules

ROC

Date Sent : 06/07/2012

Date Received :06/09/2012

Check Cashed : 06/13/2012

NOA Date : 06/11/2012

RFE(s) :

Bio. Appt. :

Interview Date :

Approved :

Greencard Received:

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katie & sifa Community Regular

katie & sifa   25

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

Get married & adjust status - he's already here so he doesn't need a K-1 or a CR-1.

K-1
09/09/09 - NOA1 :: 10/20/09 - NOA2 :: 01/11/10 - Interview :: 02/24/10 - POE :: 04/10/10 - Wedding

AOS
05/17/10 - NOA :: 06/08/10 - Transferred to CSC :: 07/02/10 - Biometrics :: 07/16/10 - EAD/AP Approved :: 10/26/10 - AOS Approved

ROC
08/16/12 - NOA :: 09/13/12 - Biometrics :: 04/12/13 - Approved :: 04/19/13 - GC received

Naturalization
08/22/13 - NOA :: 09/20/13 - Biometrics :: 01/30/14 - Interview - Approved :: 02/27/14 - Oath

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Penguin_ie Grand Master

Penguin_ie   5,993

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

Unless he wants/ needs to go home, and assuming they are ready to get married, they should get married in the US and file AOS. He should not leave the USA until his greencard is received.

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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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

If he met her after he arrived in the US then there's very little risk in just getting married and filing for the AOS. The chances that USCIS would even suspect that he had a preconceived intent to immigrate is practically zero. Even if they did suspect it, without evidence he misrepresented his intent when he got his work visa or entered the US, they wouldn't deny his AOS for it. This sounds like a textbook case of when marrying and adjusting status is A-OK! :thumbs:

Wow, comic book artist! That's right up there with video game designer in the top 10 list of adolescent dream jobs! :D

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!

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engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

Yes! what others said. Get married here and do AOS :yes:

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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lyekka Enthusiast

lyekka   5

Posted
Filed: Lift. Cond. (pnd) Country: Australia
 Timeline
  • Author
Posted (edited)

If he met her after he arrived in the US then there's very little risk in just getting married and filing for the AOS. The chances that USCIS would even suspect that he had a preconceived intent to immigrate is practically zero. Even if they did suspect it, without evidence he misrepresented his intent when he got his work visa or entered the US, they wouldn't deny his AOS for it. This sounds like a textbook case of when marrying and adjusting status is A-OK! :thumbs:

Wow, comic book artist! That's right up there with video game designer in the top 10 list of adolescent dream jobs! :D

HaHa, yeah comic book artist is an amazing thing to do. My husband has a series of published comic books that hit really big in Australia in the 90s. He had his first weekly comic strip in the paper at age of 11 years old. Yes I'm a little proud of him lol. My kids absolutely love his work, we ofcourse have his comics and art work framed all over the house. And your comment about adolescent dream job, my husband said nothing adolescent about it, he refuses to grow up rofl.

Thanks so much for the info, ill pass it along to him!

Edited by lyekka

ROC

Date Sent : 06/07/2012

Date Received :06/09/2012

Check Cashed : 06/13/2012

NOA Date : 06/11/2012

RFE(s) :

Bio. Appt. :

Interview Date :

Approved :

Greencard Received:

pwned_girl.gif

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