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Filed: Timeline

forgive me if this is the wrong forum, but im total newbie around here so please bare with me.

My now wife is chinese living in shanghai, came to visit me here in the states in july, we got married, we filed i130 and she left back to her work in china, etc, loose ends to tie up.

Now (october) shes coming here permanently.. i know this is illegal so we will treat this as a longer than normal vacation (shes coming on a b1, so up to a 6 month stay permitted?) while i130 is processing, we indicated for interview (when there is one) my local immigration center.

tell me what is wrong with this scenario.. can she stay here waiting for the i130 to process? as she enters the states can she get an adjustment of status i485?

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

Entering on a B1/B2 visa with then intent to stay and file for adjustment of status is FRAUD. :bonk: If she comes in October, she either enters on a spousal visa which will allow her to stay permanently; otherwise, if she comes on a B1/B2, she will have to leave when her authorized stay expires...period, full stop, NO EXCEPTIONS.

If you try to commit fraud, you will get caught, she will be deported, and she will then have lifetime ban from the US with no possibility for a waiver.

If you have already filed the I-130, let the CR-1 visa process work itself out, DO NOT COMMIT OR TRY TO COMMIT FRAUD.

Edited by Ryan H

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

Ryan during the CR-1 can she get any documents to allow her to work in the USA?

During the process, the answer to your question is no.

FYI regarding the CR-1 visa: When a person enters the US on a CR-1 visa, that person will be given a green card on arrival in the form of an I-551 stamp, the actual card will arrive a short time later. A CR-1 is an immigrant visa, which means it will not be necessary to file for adjustment of status as an immigrant visa holder is considered a resident once admitted to the US. Furthermore, since a CR-1 visa holder will have a green card on arrival, they are allowed to seek employment after arrival.

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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Filed: Timeline

During the process, the answer to your question is no.

FYI regarding the CR-1 visa: When a person enters the US on a CR-1 visa, that person will be given a green card on arrival in the form of an I-551 stamp, the actual card will arrive a short time later. A CR-1 is an immigrant visa, which means it will not be necessary to file for adjustment of status as an immigrant visa holder is considered a resident once admitted to the US. Furthermore, since a CR-1 visa holder will have a green card on arrival, they are allowed to seek employment after arrival.

ryan: seems like CR-1 path is about 5 months now?

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

ryan: seems like CR-1 path is about 5 months now?

Posted times by USCIS from NOA1 to NOA2 is 5 months (actual time could be less or more depending on which service center adjudicates your petition). After that, your file will have to be processed by the NVC; currently, it's about 1 month from NOA2 to having a case number assigned by the NVC. Once your have an NVC case number, you can opt for electronic processing of your file. I opted for electronic processing (EP) and you can read my thread about it in the China forum.

You mentioned in your original post that you have already filed an I-130? How long ago did you file it? :time:

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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Filed: Timeline

Posted times by USCIS from NOA1 to NOA2 is 5 months (actual time could be less or more depending on which service center adjudicates your petition). After that, your file will have to be processed by the NVC; currently, it's about 1 month from NOA2 to having a case number assigned by the NVC. Once your have an NVC case number, you can opt for electronic processing of your file. I opted for electronic processing (EP) and you can read my thread about it in the China forum.

You mentioned in your original post that you have already filed an I-130? How long ago did you file it? :time:

ryan got the NOA1 july 11

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If she is approved at the interview, she will be issued a visa that will allow her to enter the US. She does not become a permanent resident until she actually physically arrives in the US - once she does, she will ghet the I-551 stamp at POE, which is effectively as good as a green card. The physical card will arrive in the mail within few weeks.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Filed: Timeline

hypothetically speaking, she arrives october, gets the 90 days approval to be in usa, so thats oct,nov,dec. must leave jan 1.

is it possible that the cr-1 is complete by the time she leaves, so she doesnt have to leave... or!

i know illegal but she overstays her 90 days, once we get appointment in guangzhou (china) we simply fly there for a day do the interview and come back with her new stamp.. tell me the issues with this besides overstaying her usa stay.

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Why would you want to even mess with an already difficult consulate? :blink: Is it really worth jeopardizing her chances of an approval for that few extra months of being with each other?

If she overstays her visa by less than 180 days, she won't trigger a ban or need a waiver later on. It will likely come up at the interview though. Do not lie. BUT that being said, no one can guarantee that this won't come back to haunt both of you later on.

As everyone has said, do everything the right way. She can certainly fly to see you during the process and stay for up to the time her visa is valid for, you will have no problems with that. Do not try to play the system. It can be very unforgiving.

USCIS: CR-1 Visa @ Vermont Service Center (Approved in 140 days from NOA1)

03/07/11: I-130 package sent to Chicago Lockbox

03/14/11: NOA1 via text and email (03/21/11: in the mail); petition routed to VSC

07/27/11: NOA2 via text and email (07/30/11: received in the mail)

08/01/11: Case received at NVC

09/19/11: Case complete and forwarded to consulate

10/19/11: Interview (APPROVED!!!)

11/18/11: POE

12/12/11: 2- year Green Card arrives in the mail

12/22/11: Applied for SSN at local office

12/26/11: SSN arrives in the mail

08/20/13: ROC window opens

10/03/13: I-751 package sent to Vermont Service Center

10/05/13: I-751 Delivered (Signed for by Karen Fitzgerald)

10/09/13: Check cleared bank account

10/11/13: NOA1 received (dated 10/07/13)

10/19/13: Biometrics appointment notice received (dated 10/16/13)

11/12/13: Biometrics appointment in Buffalo, NY

11/15/13: Case transferred to CSC

03/04/14: USCIS case status update: Card/Document Production (i.e. APPROVED!!!)

03/07/14: USCIS case status update: Green Card in the postal system; tracking number

03/08/14: Approval notice arrives in the mail (dated 03/04/2014; USCIS Office: Buffalo, NY)

03/10/14: 10-year Green Card arrives in the mail

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Filed: Timeline

Why would you want to even mess with an already difficult consulate? :blink: Is it really worth jeopardizing her chances of an approval for that few extra months of being with each other?

If she overstays her visa by less than 180 days, she won't trigger a ban or need a waiver later on. It will likely come up at the interview though. Do not lie. BUT that being said, no one can guarantee that this won't come back to haunt both of you later on.

As everyone has said, do everything the right way. She can certainly fly to see you during the process and stay for up to the time her visa is valid for, you will have no problems with that. Do not try to play the system. It can be very unforgiving.

Caly: can you tell me how the embassy in china will know that she overstayed her visa in usa?

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You do know that the US embassy in China is, essentially, American soil? It is a US government agency that has access to information obtained by other government branches - such as CBP. Having her come here in the middle of a CR-1 process and then overstay, when you both know perfectly well that she should not be doing that, shows complete disregard from your part towards US immigration and visa regulations. Are you sure you want to send that kind of a message to USCIS in the middle of your CR-1 process?

If she has a tourist visa, she can come and visit you while the CR-1 is being processed and stay until the expiration date of her I-94. She will have to go back to China for her inteview anyway, so just coming and staying here is not an option in that regard either. Being apart is hard, but do this process right and by the book and you'll never have to be apart again. Mess it up, and it can have VERY longlasting consequences on her future possibilities to live with you in the US.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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There is a question on the DS-230 form that requires the beneficiary to list all previous visits or residences in the US complete with columns for "from" and "to" dates, under which visa type and place visited/resided. So if it is a blatant overstay of many months past the validity of the visa, it would be quite obvious.

Other than that, if they really felt the need, they can probably look up CBP records or something.

Edited to add: As Little_My pointed out, all American embassies abroad are considered US soil and would have access to information from other US governmental agencies.

Edited by caly

USCIS: CR-1 Visa @ Vermont Service Center (Approved in 140 days from NOA1)

03/07/11: I-130 package sent to Chicago Lockbox

03/14/11: NOA1 via text and email (03/21/11: in the mail); petition routed to VSC

07/27/11: NOA2 via text and email (07/30/11: received in the mail)

08/01/11: Case received at NVC

09/19/11: Case complete and forwarded to consulate

10/19/11: Interview (APPROVED!!!)

11/18/11: POE

12/12/11: 2- year Green Card arrives in the mail

12/22/11: Applied for SSN at local office

12/26/11: SSN arrives in the mail

08/20/13: ROC window opens

10/03/13: I-751 package sent to Vermont Service Center

10/05/13: I-751 Delivered (Signed for by Karen Fitzgerald)

10/09/13: Check cleared bank account

10/11/13: NOA1 received (dated 10/07/13)

10/19/13: Biometrics appointment notice received (dated 10/16/13)

11/12/13: Biometrics appointment in Buffalo, NY

11/15/13: Case transferred to CSC

03/04/14: USCIS case status update: Card/Document Production (i.e. APPROVED!!!)

03/07/14: USCIS case status update: Green Card in the postal system; tracking number

03/08/14: Approval notice arrives in the mail (dated 03/04/2014; USCIS Office: Buffalo, NY)

03/10/14: 10-year Green Card arrives in the mail

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Filed: Timeline

There is a question on the DS-230 form that requires the beneficiary to list all previous visits or residences in the US complete with columns for "from" and "to" dates, under which visa type and place visited/resided. So if it is a blatant overstay of many months past the validity of the visa, it would be quite obvious.

Other than that, if they really felt the need, they can probably look up CBP records or something.

Edited to add: As Little_My pointed out, all American embassies abroad are considered US soil and would have access to information from other US governmental agencies.

her tourist visa expires oct 30, 2011, does it make sense to apply for another tourist visa for the time being.. the thing is shes pretty much finishing up her life in china to move her, so going back for a long period of time (to china) is out of the question.

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