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deborabr

Several questions....

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

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deborabr Enthusiast

deborabr   16

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Filed: Citizen (apr) Timeline
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You are the greatest!!! =) Thank you so much for all the information!!!

This will pose a problem. You cannot marry, then leave the US for a short trip, then re-enter with the F1 visa, and then file for AOS. That would be visa fraud. Being in the US under a non-immigrant status, getting married and filing for a greencard is okay, as long as that was not your original intention when you used the non-immigrant visa to enter the country. You can't leave now before filing for AOS, and then come back to file for the greencard, because intent has clearly been established. Also, if you do take the AOS route, the medical has to be completed by a certified civil surgeon here in the US, it cannot be done abroad.

You basically have to make a choice between two options:

1. Marry ASAP, file for AOS. You will also file for an Advance Parole travel document, which will allow you to travel while the AOS is pending, but it takes around 90 days to come after you've filed the papers - so basically, you will not be able to travel for about three months after filing.

2. Marry and file for CR-1. You can start the process in the US, but you will have to leave to complete it in Brazil. That would mean being in Brazil for several months before the visa is issued, at which point you can then return, and you would become a permanent resident upon entry.

Little_My Proficient

Little_My   464

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Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
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Yes, that is exactly where the problem is..

When you know you will marry a US citizen and file for a greencard to reside permanently in the US, using a non-immigrant visa to gain entry to America and then filing for the greencard constitutes visa fraud. It doesn't matter that you haven't filed for anything yet, or that you are not married yet - what matters is that you are already set on doing so as soon as you return. Your F-1 student visa is a non-immigrant visa, so if you leave now, and then use that F-1 visa to return, with the intention of getting married to a US citizen AND filing for AOS after entering, that is committing visa fraud. It can carry some very serious and very long lasting consequences, so it is not a risk I would personally ever be willing to take.

If you get married in city hall as soon as possible, and get the paperwork together as soon as possible, realistically you could be able to travel again around late October/early November. The other option is to take the CR-1 route, but that will mean you will have to spend some months in Brazil.

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

deborabr Enthusiast

deborabr   16

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Filed: Citizen (apr) Timeline
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But I am not coming back only to get married...I still have a semester to finish in college here so I would just be coming back to study with my F1 visa and during the next few months getting married and applying for the AOS. I never heard that I had to be in US for a certain period of time before getting married. Do they have that?

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted (edited)

It is not a question of having to be in the country for a certain period before getting married. The issue is the intent of immigrating by using a non-immigrant visa to gain entry. It doesn't matter that you still have school left and that you are planning to continue studying - that does not undo the fact that you would - as mentioned earlier - use a non-immigrant visa for immigration purposes. That is fraud, plain and simple.

Basically..

Scenario A: Foreigner X comes to the US to travel for 3 months. During the first month, he/she meets a wonderful American. They end up spending the next few weeks together. They decide they are madly in love, marry and file for AOS. Nothing wrong with that, totally by the book.

Scenario B: Foreigner X is in the US studying. He/she meets a wonderful American. They date, eventually get engaged. They look into immigration issues. They decide that they want to get married and file for AOS. Foreigner X wants to go home for a visit, and leaves the US for a couple of weeks. She/he then re-enters, KNOWING he/she will marry an american citizen and file for a green card. Fraud.

Let's put it this way - if asked at the border, when coming back, whether you have an American boyfriend, let's say you say yes. If they ask whether you've discussed marriage, what will you say? If you say yes, they will most likely ask if you are planning to file for a greencard. What will you say then? If you say yes, you'll most likely be denied entry. If you say no, you'll be lying to an immigration officer. That can become material misrepresentation if it goes on record, which can carry very serious consequences.

Again - not a risk I would personally be willing to take.

Edited by Little_My

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

deborabr Enthusiast

deborabr   16

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Filed: Citizen (apr) Timeline
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Posted

OK...Loved the examples!! =)

Thank you for all the information !!!!

It is not a question of having to be in the country for a certain period before getting married. The issue is the intent of immigrating by using a non-immigrant visa to gain entry. It doesn't matter that you still have school left and that you are planning to continue studying - that does not undo the fact that you would - as mentioned earlier - use a non-immigrant visa for immigration purposes. That is fraud, plain and simple.

Basically..

Scenario A: Foreigner X comes to the US to travel for 3 months. During the first month, he/she meets a wonderful American. They end up spending the next few weeks together. They decide they are madly in love, marry and file for AOS. Nothing wrong with that, totally by the book.

Scenario B: Foreigner X is in the US studying. He/she meets a wonderful American. They date, eventually get engaged. They look into immigration issues. They decide that they want to get married and file for AOS. Foreigner X wants to go home for a visit, and leaves the US for a couple of weeks. She/he then re-enters, KNOWING he/she will marry an american citizen and file for a green card. Fraud.

Let's put it this way - if asked at the border, when coming back, whether you have an American boyfriend, let's say you say yes. If they ask whether you've discussed marriage, what will you say? If you say yes, they will most likely ask if you are planning to file for a greencard. What will you say then? If you say yes, you'll most likely be denied entry. If you say no, you'll be lying to an immigration officer. That can become material misrepresentation if it goes on record, which can carry very serious consequences.

Again - not a risk I would personally be willing to take.

Little_My Proficient

Little_My   464

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

De nada :) hope it helped. Personally, I would postpone the trip to Brazil, marry and file for AOS, and wait for the advance parole document to travel. It would be easier and wouldn't disrupt your studies.

Adoro Brazil - meu pais favorito. Boa sorte!

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

JohnR! Grand Master

JohnR!   5,495

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Filed: Country: Monaco
 Timeline
Posted
1342648473[/url]' post='5536321']

De nada :) hope it helped. Personally, I would postpone the trip to Brazil, marry and file for AOS, and wait for the advance parole document to travel. It would be easier and wouldn't disrupt your studies.

Adoro Brazil - meu pais favorito. Boa sorte!

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www.ffrf.org




twonightowls Contributor

twonightowls   1

Posted
Filed: AOS (pnd) Timeline
Posted

De nada :) hope it helped. Personally, I would postpone the trip to Brazil, marry and file for AOS, and wait for the advance parole document to travel. It would be easier and wouldn't disrupt your studies.

Adoro Brazil - meu pais favorito. Boa sorte!

Can't agree more :thumbs:

little_my gave excellent example and suggestions for your case.

7/17/12 AOS Package Sent via USPS

7/20/12 Package Delivered to lockbox

7/26/12 email receipt received

7/30/12 Checks cashed

8/13/12 NOAs received

8/15/12 Biometrics Letter received

9/7/12 Biometrics Completed

AnotherLostSoul Proficient

AnotherLostSoul   167

Posted
Filed: Timeline
Posted

Hey,

I just came across this note you wrote up and I'm surprised: is this true, we cannot send in I-130, I-485, I-765 and the rest of the forms at the same time in? So, what is the order then? How long do we have to wait to send in and which one after which one? I'm surprised to hear this as what I've read so far was that people sent all of them in at the same time to chicago lockbox facility....or maybe I misunderstood because I wanted to send them all in? :) I'm going to start sending my packages, so that's why I ask...:) Thank you!

Got you. Sorry.

The IR/CR applies for spouses both abroad and stateside, so it is the route down which you need to go.

First of all: If you are the DYI type of person, chances are you will not need a lawyer. There is a ton of information in these fori and you can do it on your own.

You can't send it in all at once. The I-130 needs to be approved first and then you send in the rest of the documentation. However in practice you can file your I-485 at the same time your husband files the I-130. That will start the process and you should wait for a letter from the USCIS requesting the rest of the documentation.

Here is the link for the shots you will need: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3384cc5222ff5210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD

It is a slow process but you should come out fine on the other side.

ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

Hey,

I just came across this note you wrote up and I'm surprised: is this true, we cannot send in I-130, I-485, I-765 and the rest of the forms at the same time in? So, what is the order then? How long do we have to wait to send in and which one after which one? I'm surprised to hear this as what I've read so far was that people sent all of them in at the same time to chicago lockbox facility....or maybe I misunderstood because I wanted to send them all in? :) I'm going to start sending my packages, so that's why I ask...:) Thank you!

If you are the spouse of US citizen adjusting from within the US, then yes, you can send it all at once. If that is not your scenario, then you cannot and will have a different process to follow.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

AnotherLostSoul Proficient

AnotherLostSoul   167

Posted
Filed: Timeline
Posted

If you are the spouse of US citizen adjusting from within the US, then yes, you can send it all at once. If that is not your scenario, then you cannot and will have a different process to follow.

Oh okay...thanks! I almost got a heart attack! :) Phew! Thank you so much for your reply and for reassuring me!

Please take care!

 
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