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chami123

USC GOT MARRIED AND WANT TO APPLY FOR ADJUSTMENT WHILE SPOUSE IS IN THE STATE ON A VISITOR VISA

By chami123 in Adjustment of Status from Work, Student, & Tourist Visas

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ValerieA Experienced

ValerieA   350

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

Have your friend follow the guide Hypnos posted. Regardless of what some people on this site think, it IS legal to AOS from a visitor visa or VWP. They will have to provide evidence of a bonafide marriage (joint bank accounts, etc.).

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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lost_at_sea
lost_at_sea

The above post is not entirely accurate. They can adjust her status from a tourist visa so long as she entered the US *without* the intention to marry and then stay in the USA. If they can show they

hmh33
hmh33

Fortunately, they don't need to convince you. In fact, they don't even need to convince USCIS.

ValerieA
ValerieA

Have your friend follow the guide Hypnos posted. Regardless of what some people on this site think, it IS legal to AOS from a visitor visa or VWP. They will have to provide evidence of a bonafide marr

hmh33 Community Regular

hmh33   117

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

It would be hard to convince me if she came over for a 30 day visit and decided to get married all of a sudden.

Fortunately, they don't need to convince you. In fact, they don't even need to convince USCIS.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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mtcmk1 Community Regular

mtcmk1   37

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

If your friend is from Haiti, and since you said she has a visitor's visa good for another 6 month; I would HIGHLY suggest she adjusts status while in Haiti. I know of two recent similar cases where the spouse got denied and got a ban because they failed to prove that they did not intend to stay.

Chances are she will get a renewed visitor's vida and can travel during the wait... that's just my opinion. But if they do decide to adjust here, follow the advice some vjers have posted on this thread!

To see a more detailed journey schedule, please see the About Me page and my Timeline.

Our K1 Process

June 7, 2012 -- Sent I-129F to June 9, 2013 -- Religious & Civil Wedding Ceremony in CT

FROM I-129f NOA1 to VISA APPROVAL: Exactly 8 months! No RFEs

Our AOS Process

July 16, 2013 -- Mailed AOS, EAD, and AP Paperwork to December 21, 2013 -- Received GC Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 4 months 27 days! No Interview or RFEs.

Our ROC Process

September 21, 2015 -- Mailed ROC Paperwork to August 6, 2016 -- Received Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 10 months 10 days! No Interview or RFEs.

Our {His} N-400 Process

Eligible to Apply for Citizenship on September 14, 2016.

October 4, 2016 -- Mailed N-400 Paperwork.

November 8, 2016 -- Completed Biometrics.

May 6, 2017 -- Received Interview Letter in the Mail.

June 8, 2017 -- Interview Passed!

June 16, 2017 -- Oath Ceremony! He is a USC!!

FROM Application to CITIZENSHIP: Exactly 8 months 13 days! No RFEs.

== I am the Petitioner/Sponsor/Citizen Spouse ==

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Boiler Grand Master

Boiler   45,467

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

Links?

Adjusting through a Visitor Visa is the most common route.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ValerieA Experienced

ValerieA   350

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

I would HIGHLY suggest she adjusts status while in Haiti. I know of two recent similar cases where the spouse got denied and got a ban because they failed to prove that they did not intend to stay.

1. You can only adjust status while in the US

2. Any links proving someone was 'banned' (or denied) because of intent would be helpful, since the adjuticator's field manual specifically states they cannot deny because of this.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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chami123 Enthusiast

chami123   5

Posted
Filed: K-1 Visa Country: Haiti
 Timeline
  • Author
Posted

Thank you so much guys I will let him know his options, I forgot to mention that my friend is from DOMINICAN REPUBLIC

Service Center : Vermont Service Center
Consulate : HAITI
I-129F SENT APRIL 25, 2013
NOA1 APRIL 29, 2013
ALIEN # CHANGE MAY 7, 2013
NOA2 JULY 14, 2013
NVC RECEIVE JULY 19, 2013
LEFT NVC JULY 23, 2013
EMBASSY RECEIVED JULY 25, 2013
PACKET 3 SENT AUGUST 7, 2013 (BUT VIA MAIL)
RECEIVED PACKET 3 AUGUST 26, 2013 IN THE STATE
FIANCE RECIEVED PACKET 3 AUGUST 29, 2013
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Boiler Grand Master

Boiler   45,467

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

It is much safer to apply for CR-1 have her go home till the process is finished (approx 6 months). I know no one wants to be apart, but you will not be taking a chance.

Of course you will be taking a chance if you did this.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Peter_Pan Proficient

Peter_Pan   661

Posted
Filed: AOS (pnd) Country: Romania
 Timeline
Posted (edited)

wow thank you so much for clarifying that for me, he want to send everything by next week, it was not his intention to let her stay cause he bought a round trip ticket for her

Rounds tickets are way less expensive than one way, so that is hardly a criterion.

Does she have a job she has to return to? Can she prove she quit AFTER the wedding, not before coming to the US? Same with rent and so on.

Edited by Peter_Pan


USCIS [*] 22 Nov. 2011 - I-129 package sent; [*] 25 Nov. 2011 - Package delivered; [*] 25 Nov. 2011 - NOA1/petition received and routed to the California Service Center; [*] 30 Nov. 2011 - Touched/confirmation though text message and email; [*] 03 Dec. 2011 - Hard copy received; [*]24 April 2012 - NOA2 (no RFEs)/text message/email/USCIS account updated; [*] 27 April 2012 - NOA2 hard copy received.

NVC [*] 14 May 2012 - Petition received by NVC ; [*] 16 May 2012 - Petition left NVC.

EMBASSY [*] 18 May 2012 - Petition arrived at the US Embassy in Bucharest; [*] 22 May 2012 - Package 3 received; [*] 24 May 2012 - Package sent to the consulate, interview date set; [*] 14 June 2012 - Interview date, approved.

POE [*] 04 July 2012 - Minneapolis/St.Paul. [*] 16 September 2012 - Wedding Day!

AOS/EAD/AP [*] 04 February 2013 - AOS/EAD/AP package sent; [*] 07 February 2013 - AOS/EAD/AP package delivered; [*] 12 February 2013 - NOA1 text messages/emails; [*] 16 February 2013 - NOA1 received in the regular mail; [*] 28 February 2013 - Biometrics letter received (appointment date, March 8th); [*] 04 March 2013 - Biometrics walk-in completed (9 out of 10 fingerprints taken, pinky would not give in); [*] 04 April 2013 - EAD/AP card approved; [*] 11 April 2013 - Combo card sent/tracking number obtained; [*] 15 April 2013 - Card delivered.

[*] 15 May 2013 - Moved from MN to LA; [*] 17 May 2013 - Applied for a new SS card/filed an AR-11 online (unsuccessfully), therefore called and spoke to a Tier 2 and changed the address; [*] 22 May 2013 - Address updated on My Case Status (finally can see the case numbers online); [*] 28 May 2013 - Letter received in the mail confirming the change of address; [*] 31 July 2013 - Went to Romania; [*] 12 September 2013 - returned to the US using the AP, POE Houston, everything went smoothly; [*] 20 September 2013 - Spoke to a Tier2 and put in a service request; [*] 23 September 2013 - Got "Possible Interview Waiver" letter (originally sent on August, 29th to my old address, returned and re-routed to my current address); [*] 1 October 2013 - Started a new job.

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Trying to get the word out about our struggles:

http://voices.yahoo.com/almost-legal-citizen-but-not-quite-12155565.html?cat=9

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Franciscus Explorer

Franciscus   32

Posted
Filed: AOS (apr) Timeline
Posted

Rounds tickets are way less expensive than one way, so that is hardly a criterion.

???

Round trip tickets are NOT less expensive than one way, AT ALL. Maybe you meant less expensive than double the price of a one way ticket... if they were, one way tickets would not exist, everyone wanting one would buy the round trip.

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Boiler Grand Master

Boiler   45,467

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

How is that?

The drive to the Airport.

Round trip to Dominican Republic.

To start.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Harpa Timsah Grand Master

Harpa Timsah   13,258

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

???

Round trip tickets are NOT less expensive than one way, AT ALL. Maybe you meant less expensive than double the price of a one way ticket... if they were, one way tickets would not exist, everyone wanting one would buy the round trip.

Um, what, have you ever travelled? A lot of people find one-ways that are more expensive than a round trip. Most people do buy round trip.

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

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

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Franciscus Explorer

Franciscus   32

Posted
Filed: AOS (apr) Timeline
Posted

Um, what, have you ever travelled? A lot of people find one-ways that are more expensive than a round trip. Most people do buy round trip.

Every time I had to do a one way trip I checked the round trip and it was more expensive. I'm sure there are exceptions, since I'm sure they only do "sales" for round trips. But the claim "round trips are cheaper than one way" is simply false, that was all I wanted to point out (my phrasing was not the best, since it looks like i'm saying the equally wrong statement "one way is cheaper than roundtrip always").

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