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Posted

In may of 2012 I proposed to my girlfriend of 3.5 years, in may I left to visit my family in canada as I am a Canadian and my now fiancée is a USC. Then we came back planned out our wedding that is to take place at the end of this month. And between all of this (late june) we went on a cruise that left the US and when I re entered Under f1 status. We had planned to file for AOS right away and now I've been up reading about immigrant intent upon re entry and feel like I have totally screwed everything up and now they will deny my AOS and we will no longer be able to be together. So my question is what can we do at this point??

As a side note I had planned on not going to university this semester to save on cost so long as my application for AOS had been filed... I am really lost and extremely frustrated, I wish I had known this earlier and I would have never gone on that cruise.....PLEASE HELP!!

Posted

Well, entering with intent is illegal. You're supposed to go the CR-1 route. Intent alone isn't used to deny but entering with a student visa and then not going to school and instead AOSing could cause you issues. You'll have to decide for yourself if you want to take that risk. Were you questioned at POE?

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

Posted

Well, entering with intent is illegal. You're supposed to go the CR-1 route. Intent alone isn't used to deny but entering with a student visa and then not going to school and instead AOSing could cause you issues. You'll have to decide for yourself if you want to take that risk. Were you questioned at POE?

They didnt even ask me if I was returning to school at POE. I hadn't had my I20 stamped for travel in the past year, he told me to get it signed and then stamped my passport.... so if I do return to school as well as going for AOS i shouldnt have any issues?

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

If I understand you are a student, married someone , filed for AOS based on the marriage , then travelled and returned based on your student visa.

If the above is true you abandoneed your AOS Leaving the country without the AOS approved OR AP terminates your AOS.

This will not be over quickly. You will not enjoy this.

Posted

If I understand you are a student, married someone , filed for AOS based on the marriage , then travelled and returned based on your student visa.

If the above is true you abandoneed your AOS Leaving the country without the AOS approved OR AP terminates your AOS.

I don't think he said he has filed the AOS yet.

Timeline for I-130 and I-485 and I-765

06/07/2010 - Married

06/30/2012 - I-130 package mailed (filed separately)

07/03/2012 - Package received

07/05/2012 - NOA1 received

03/08/2013 - NOA2 received (Approval notice)

07/03/2013 - I-485/I-765 package sent

07/08/2013 - Package received

07/11/2013 - NOA1 for I-485/I-765 received

07/16/2013 - Biometrics Notice received

08/07/2013 - Biometrics completed

08/21/2013 - Notice to appear for interview received. Scheduled for 09/26/2013

09/05/2013 - Notice of EAD approval received

09/13/2013 - EAD delivered by USPS

09/26/2013 - Interview - ***Approved***

09/27/2013 - Card/Document production

09/27/2013 - Permanent Residence status registered- notice mailed

10/03/2013 - NOA2 for I-485/Welcome Letter received

10/04/2013 - Received an update- Card mailed

10/09/2013 - Card Received

To God Be The Glory Great Things He has Done!!!

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

*** Moving from AOS from Family visa to AOS from Student visa forum ****

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

Filed: AOS (apr) Country: Canada
Timeline
Posted

I think you need to slow down and explain things more fully. You'll get good advice here and I think you'll be ok, but not everyone is understanding you yet.

You're not married yet, correct?

If I understand, you're concerned because you were engaged when you left the US and re-entered, and you think that will show that you intended to immigrate when you entered. Correct?

You said you weren't questioned about intent at POE. Think about that one and remember as clearly as possible. Are you very sure?

Don't freak out, there are ways to fix it even if you did screw up. One would be to get married, return to Canada and do a CR-1 visa. But that might not even be necessary.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

Posted

I am positive that I was not asked about intent, the only thing that he said to me is why isn't your I-20 signed and I said I didn't know it had to be and he said ok well get it signed, and yes I am concerned that I got engaged and left the country and am now getting married within 30 days of re-entering..

Filed: AOS (apr) Country: Canada
Timeline
Posted

I think it's possible you'll have a problem but it's also possible that the intent issue won't even come up.

At least you didn't lie at POE.

Other people here can answer this stuff better than me; I'm still going through the process myself. But I think if I were in your position, I'd go ahead and get married and then AOS. I believe (someone will yell at me if I'm wrong) that if your AOS gets denied you still have other options, like going back to Canada and applying for a spouse visa.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

Filed: Timeline
Posted

i doubt ur aos will be denied.

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

 
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