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

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Luckyirish Rookie

Luckyirish   0

Posted
Filed: Other Country: Ireland
 Timeline
Posted

Hi - just a quick post to ask what will hopefully be a simple question! I am now in the states and will be for the next 6 weeks with my GF. I am here on a tourist Visa, and due to an illness on her side of the family - it looks like our wedding plans are being pushed forward by a good 12 months!! So I'm aware we will have to file and AOS and other bits and pieces - but my main concern is I need to be back in Ireland at the start of August for my brothers wedding (I'm the best man!).

My question is this, if I got married and filed all the paper work this month - would I be eligable to leave the country in August to go back to Ireland for a week or two without too much hassle coming back to the states? I have searched the forum and I guess I'm getting too muddled up in abbreviations and paperwork!!

Fingers crossed this isn't a stupid question! Thank you all in advance!

oohpartiv Proficient

oohpartiv   484

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

You CANNOT leave the States in the middle of AOS proceedings, or it will be considered abandoning the case and they will close it. You either stay until AOS is completely finished and you have your green card in hand, or you file a CR-1, go back to Ireland, and wait the approximate year for it to come through.

USC who lived in Manabí, Ecuador with hubby from 2009 - 2013. Hubby became a naturalized American citizen in August 2016. Currently living together in northern Virginia.

For full timeline, see "about me".

Latest Dates

N-400 Filing - 03/14/2016

NOA - 03/15/2016

Biometrics - 04/13/2016

In Line - 05/11/2016

Interview Notice - 06/03/2016

Interview Date - 07/11/2016

Oath - 08/29/2016

oohpartiv Proficient

oohpartiv   484

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

Rats! Thats what I was afraid of. Would I be playing with fire if I tried to get my AOS in time for August?

Thanks for your help and quick reply btw!

You'd be cutting it close. AOS usually takes 3 - 4 months. You could try, but there's no guarantee you'd have the green card in time. The only other way to leave the country while doing AOS would be to get AP (Advance Parole) and that in itself takes at least 3 months, so it's really no difference. It's up to you - try your luck with AOS, or file for the CR-1 as soon as you get married and get ahead on the waiting game.

USC who lived in Manabí, Ecuador with hubby from 2009 - 2013. Hubby became a naturalized American citizen in August 2016. Currently living together in northern Virginia.

For full timeline, see "about me".

Latest Dates

N-400 Filing - 03/14/2016

NOA - 03/15/2016

Biometrics - 04/13/2016

In Line - 05/11/2016

Interview Notice - 06/03/2016

Interview Date - 07/11/2016

Oath - 08/29/2016

Ryan H Grand Master

Ryan H   3,834

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

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum; OP's question is related to the AOS process.

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

 

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted (edited)

Rats! Thats what I was afraid of. Would I be playing with fire if I tried to get my AOS in time for August?

Thanks for your help and quick reply btw!

if you tried? no.

If you left prior? yes !

a brother's marriage overseas means nothing in the purview of obtaining usa residency status, so bear that in mind when you're chasing after things.

are you really here on a tourist visa, or VWP with ESTA ?

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

dwheels76 Grand Master

dwheels76   5,469

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

Rats! Thats what I was afraid of. Would I be playing with fire if I tried to get my AOS in time for August?

Thanks for your help and quick reply btw!

Yes you would be playin with fire and cutting it close. Because right now the service centers are all over the place with processing times. But even if they were working like usual its already April. You get married file who knows. I have 5 friends currently in AOS process all been sitting over 8 months. One just got Advance Parole after 6 month wait so its a big gamble.

it would better better for you to marry file I-130 you say you can stay until August maybe by than you may have approval through USCIS and be at NVC. The processing right now for I-130 through NBC (then sent to your local field office) has been for SOME under 60 days.

So its up to you to choose. Good luck.

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ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

it would better better for you to marry file I-130 you say you can stay until August maybe by than you may have approval through USCIS

alas, his 'staying time', at the moment, is totally dependent on what's stamped on his I-94 , as he's apparently here on a Visitor's Visa.

I do agree about filing the I-130 asap, and chasing after a Spousal Visa with Consular Processing...

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Penguin_ie Grand Master

Penguin_ie   5,997

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

it would better better for you to marry file I-130 you say you can stay until August maybe by than you may have approval through USCIS and be at NVC. The processing right now for I-130 through NBC (then sent to your local field office) has been for SOME under 60 days.

This. Marry asap and file, NOT for AOS (ie no I-485) but for consular processing. You can still stay in the USA as long as your current visa allows and visit the USA on your tourist visa (or visa waiver if that is what you are really on, being from Ireland) during the process, but will have your medical and interview in Dublin.

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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