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butterball Rookie

butterball   0

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

Hi All,

I need help and opinion whether I should go for K1 visa or AoS.

I'm in US with H4 visa. A year a go me and my husband got divorce in my home country, all the divorce paperwork is from my home country in Asia and I came back to US with my H4 visa right after I got my divorce paper. My 1-94 is expired on 2014.

I meet a guy (US Citizen) and we fell in love and we're planning to get married this April, my question is shall I go for K1 visa or can we just get married and then apply for AoS here in US?

Is it possible for me to just get married here in US and apply for the AoS considering my visa status right now without going back to my home country?

Thank you and have a nice day.

AOS Timeline:

02/15/14 : Sent

02/25/14 : Checks cashed

03/03/14 : NOA1 Hard Copy & Biometrics appointment Received for 03/20/14

03/11/14: Walk in Biometrics succesfull

Waiting234 Explorer

Waiting234   18

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

Did you return to the US with the notion of marrying this new guy? As long as the courts cannot say that you traveled to the US on a non-immigrant visa for the purposes of immigration you'll be fine applying for AoS. Being that I waited in the K-1 process for 12 months (and counting, current estimate is 14 months), I think you should get married immediately in the US and apply for AoS... But make sure you love this guy/girl and don't rush into anything for the purposes of a visa either.

I am the USC.

--------------

Permanent Resident since December 23, 2013

Filed N-400, February 8, 2017

Harpa Timsah Grand Master

Harpa Timsah   13,258

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

H4 is for a spouse of H1b. So you are saying that you were actually divorced from said H1B spouse and you entered the US on your visa? That is material misrepresentation and you committed fraud to enter the US?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Waiting234 Explorer

Waiting234   18

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

Another issue you might run into is the validity of your H-4... Does the validity of the H-4 expire if you divorce your spouse?

I am the USC.

--------------

Permanent Resident since December 23, 2013

Filed N-400, February 8, 2017

butterball Rookie

butterball   0

Posted
Filed: AOS (pnd) Country: Indonesia
 Timeline
  • Author
Posted

Did you return to the US with the notion of marrying this new guy? As long as the courts cannot say that you traveled to the US on a non-immigrant visa for the purposes of immigration you'll be fine applying for AoS. Being that I waited in the K-1 process for 12 months (and counting, current estimate is 14 months), I think you should get married immediately in the US and apply for AoS... But make sure you love this guy/girl and don't rush into anything for the purposes of a visa either.

No, I didn't not know him when the first time I return to the US after my divorce, I return to US on February and met this guy on April the same year. we love each other and I don't have any intentions marrying him just for the immigration purpose.

I return to US because I have to take care couple things from my previous marriage.

AOS Timeline:

02/15/14 : Sent

02/25/14 : Checks cashed

03/03/14 : NOA1 Hard Copy & Biometrics appointment Received for 03/20/14

03/11/14: Walk in Biometrics succesfull

butterball Rookie

butterball   0

Posted
Filed: AOS (pnd) Country: Indonesia
 Timeline
  • Author
Posted

H4 is for a spouse of H1b. So you are saying that you were actually divorced from said H1B spouse and you entered the US on your visa? That is material misrepresentation and you committed fraud to enter the US?

This is the issue that I did not know, according to my visa and I-94 it's still valid until February 2014, so I don't think that I entered US illegally, but then again I'm still confuse about this matter.

AOS Timeline:

02/15/14 : Sent

02/25/14 : Checks cashed

03/03/14 : NOA1 Hard Copy & Biometrics appointment Received for 03/20/14

03/11/14: Walk in Biometrics succesfull

butterball Rookie

butterball   0

Posted
Filed: AOS (pnd) Country: Indonesia
 Timeline
  • Author
Posted

Your H-4 status ends when the divorce becomes final. You should have gotten Tourist Visa to enter US, instead of continuing using H4 visa.

Ok, so the best option for me right now is go back to my home country and get K1 visa.

Thank you for the info

AOS Timeline:

02/15/14 : Sent

02/25/14 : Checks cashed

03/03/14 : NOA1 Hard Copy & Biometrics appointment Received for 03/20/14

03/11/14: Walk in Biometrics succesfull

  • 1 month later...
LizLovesFlor Explorer

LizLovesFlor   11

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

Ok, so the best option for me right now is go back to my home country and get K1 visa.

Thank you for the info

No that's not the best option. Please message me ASAP! Same situation.

-Liz

I am the USC.

03.04.2013 (Day 0) - Sent off I-130,I-485, I-765, I-131

03.06.2013 (Day 2) - Package received by USCIS Chicago

03.12.2013 (Day 8) - Received all 4 NOAs via text and email

03.13.2013 (Day 9) - Checks cashed

03.18.2013 (Day 14) - NOA hard copies received

03.21.2013 (Day 17) - Biometrics for I-485 and I-765 received

03.25.2013 (Day 21) - Walk in Biometrics Done (around 3pm)

04.02.2013 (Day 29) - Case Status Appeared & Updated: Testing & Interview

04.05.2013 (Day 32) - Biometrics Appointment NYC Varick St.

05.03.2013 (Day 60) - I-765 Case status appeared: Card Production

05.11.2013 (Day 68) - Employment Authorization Card in hand :)

06.06.2013 (Day 94) - Interview Scheduled for July 11. Via USCIS case status

06.08.2013 (Day 96) - NOA Initial Interview Hard Copy arrived in the mail

 
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