Jump to content
KMV112412

Trying to help friends

By KMV112412 in Adjustment of Status from Work, Student, & Tourist Visas

 Share

10 posts in this topic

Recommended Posts

KMV112412 Rookie

KMV112412   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Hi All!

I have friends that have been asking me for advice in regards to their visa issues. However, I only can really speak on the K1 visa process as that's what my now husband :-) and I did last year. Here's the quick scoop on them:

He entered on a Visitor visa 5 months ago, they got married a couple months ago and now want to do a CR-1 and adjust his status.... Can they do this with him here in the states on a Visitor visa (which runs out soon I would imagine). I feel as though this process will be a lot longer than they expect - I think they are under the belief that cause they got married he's ok to stay here now - but again, I don't know all the ins and outs even though my guts thinks otherwise. I know how much paper work and the lengthy process it took for my husband and I, so I can't imagine this being easier - but I could be mistaken.

Any suggestions on what to tell them? I've referred them to come check out visajourney and read up on things and even suggested that they may need a lawyer. He's Filipino and She's the US citizen...

Link to comment
Share on other sites
Inky Grand Master

Inky   1,110

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

Moved from spousal visa forums to adjustment of status forums as the immigrant is already in the USA and should be filing for adjustment of status not a spousal visa.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Link to comment
Share on other sites
akihon Proficient

akihon   129

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

That depends. Did he enter on the visitor visa with intent to marry? They're going to have to prove that he didn't. Just because they're married now, doesn't mean they're in the clear.

They should file an AoS application (link provided by previous poster), and be prepared to provide evidence that shows that he didn't enter with intention to adjust status.

Edited by akihon

Adjustment of Status from H-1B, Family-Based
07/26/2012 - 10/18/2012: 85 Days from Application Received to GC Received.
Removal of Conditions
07/22/2014 - 11/14/2014: 116 Days from Application Received to GC Received.
Naturalization
02/03/2016 - 05/31/2016 : 119 Days from Application Received to Oath Ceremony.

I am a United States citizen!

Link to comment
Share on other sites
Ryan H Grand Master

Ryan H   3,812

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

That depends. Did he enter on the visitor visa with intent to marry? They're going to have to prove that he didn't.

Entering with intent to marry is not the issue, entering with intent to stay is the problem. However, they will not have to prove he didn't have intent, the burden of proof is on the government to show that he committed Material Misrepresentation.

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

 

Link to comment
Share on other sites
akihon Proficient

akihon   129

Posted
Filed: Citizen (apr) Timeline
Posted

Entering with intent to marry is not the issue, entering with intent to stay is the problem. However, they will not have to prove he didn't have intent, the burden of proof is on the government to show that he committed Material Misrepresentation.

well, isn't entering with intention to marry synonymous with intent to stay? otherwise, why the get married part?

Adjustment of Status from H-1B, Family-Based
07/26/2012 - 10/18/2012: 85 Days from Application Received to GC Received.
Removal of Conditions
07/22/2014 - 11/14/2014: 116 Days from Application Received to GC Received.
Naturalization
02/03/2016 - 05/31/2016 : 119 Days from Application Received to Oath Ceremony.

I am a United States citizen!

Link to comment
Share on other sites
Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

well, isn't entering with intention to marry synonymous with intent to stay? otherwise, why the get married part?

Not synonymous, no. Lots of people get married in the states and then leave.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

Link to comment
Share on other sites
Ryan H Grand Master

Ryan H   3,812

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

well, isn't entering with intention to marry synonymous with intent to stay?

No

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

 

Link to comment
Share on other sites
akihon Proficient

akihon   129

Posted
Filed: Citizen (apr) Timeline
Posted

Not synonymous, no. Lots of people get married in the states and then leave.

No

I suppose I misread the OP even though I read it a few times *whoops*

I thought they were married, but the husband is outside the US. Looks like he is IN the US. AOS it is.

Adjustment of Status from H-1B, Family-Based
07/26/2012 - 10/18/2012: 85 Days from Application Received to GC Received.
Removal of Conditions
07/22/2014 - 11/14/2014: 116 Days from Application Received to GC Received.
Naturalization
02/03/2016 - 05/31/2016 : 119 Days from Application Received to Oath Ceremony.

I am a United States citizen!

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...