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

We wound up going this route after we filed for the K1, they lost our K1 for over 22 months.. The good thing was that like you my fiancé (Wife and US Citizen today) had a 10 year B2 visa... On her 3rd trip to visit, without planning to do so we just got married after waiting so long... We had a ton of valid supporting documents at the interview for her AOS. Yes they asked us about the K1 and we quickly explained it away... Joint bank account, name on house deed, credit cards and health insurance were what we had to show... Interview lasted about 10 mins and they approved it on the spot... Side note the K1 NOA2 got approved after we filed the AOS and withdrew the K1 in writing... Go figure, they must have miss placed it and found it somewhere... Anyways you can do this, but be ready to show the marriage is legit and you were not planning to do this.... Good Luck!!

Edited by churawan
Filed: Country: Monaco
Timeline
Posted

I thought he was right though, that's why I was concerned about my f1 visa adjusting status here

He was right. B2, F1, i.e. non dual-intent visas were never meant to be used for the purpose of bypassing the K/CR/IR process. It just so happens that our immigration laws contain a loophole that allows for that. The current code is a collage of numerous bills that sometimes contradict themselves. That's just one of the reasons a complete revision of the law is in order.

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www.ffrf.org




Filed: K-1 Visa Country: Wales
Timeline
Posted

It gets really boring having to deal with these wives tails. Mods do not seem interested in killing this misinformation.

I prophesied that it would happen again on this thread and along it came.

Would be happy to hear a solution.

“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.”

Filed: K-1 Visa Country: Singapore
Timeline
Posted (edited)

(quote advocating immigration fraud in violation of the TOS has been removed - VJ Moderation)

while USCIS cannot deny AOS based on preconceived intent alone, it is against the TOS of this site to advise others to commit immigration fraud, i.e. entering on a nonimmigrant visa with the intent to adjust status.

if customs checks the OP's luggage and the 'evidence (they) need to file' is found in their bags, that may lead to further questioning and necessitate lying on the OP's part. in that scenario, USCIS may have a case to deny AOS.

Edited by Kathryn41
to remove quoted post violating TOS

Flying to Seattle on 6 May 2014!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

one post advocating immigration fraud in violation of the Terms of Service has been removed and one post edited to remove the quoted post violating TOS.

It is a violation of both immigration law and Visa Journey's TOS to encourage or suggest anyone deliberately misrepresents the truth when dealing with immigration. Any further comments of this nature will result in moderator action.

last_post.png Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

I

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.

For more information on immigration and how immigration fraud affects all members of the immigration community please see USCIS.GOV.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

Filed: Other Country: Canada
Timeline
Posted

As long as you are truthful and honest, you should be just fine. My wife [recently] and I have just submitted all our documentation and we were in the same situation as you a month ago. Message me if you need anything. Good luck.

Our Journey

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

06.26.14 Preparing paperwork for AOS from B-2 (Visitor status)

07.01.14 Medical Complete

07.03.14 Sent package [i-130, I-485, I-765, I-131, I-693 (medical] via FedEx Ground.

07.08.14 (Day 1) Packaged delivered at Chicago Lockbox and signed off by SSOLISE

07.16.14 (Day 8) NOA1 received and Rejection notices for I-765, I-130 and I-485 due to address error

07.17.14 (Day 9) Re-sent package via Fedex 2-day priority with correct address

07.21.14 (Day 1 Again) Package delivered at Chicago Lockbox and signed off by J.Chyba

07.24.14 (Day 4) Received Text notifications and Receipt numbers at 2:30 AM EST for I-130, I-485, I-765, and I-131) - Lesson learned!

07.26.14 (Day 6) Cheques cashed for I-130 and I-485. Mailed NOA's on the way

07.28.14 (Day 8) Paper NOAs received for I-130, I-485, I-765, and I-131. The first two in Acceptance status and the last three in the review status.

08.03.14 (Day 14) Biometrics appointment set for 08/15

08.11.14 (Day 22) Biometrics walk-in successful

08.21.14 (Day 32) Case moved to 'Testing and Interview'

09.15.14 (Day 57) EAD Card/Document in Production

09.19.14 (Day 61) EAD Card Mailed

09.20.14 (Day 62) EAD Card Received!!!!!

09.22.14 (Day 64) Applied for SSN

09.29.14 (Day 71) SSN received

Posted

I'll like to revise what I said earlier, had no intention to insinuate fraud.

If you have enough to file then go for it and yes be truthful, we didn't so I had to leave besides our marriage was not planned.

Back then we had no idea how to apply for AOS, and when I came to visit that time had no intention of moving. I had my documents so we could meet with the JAG on how to approach filing and subsequently ended up filing this way after we were advised too.

Posted

He was right. B2, F1, i.e. non dual-intent visas were never meant to be used for the purpose of bypassing the K/CR/IR process. It just so happens that our immigration laws contain a loophole that allows for that. The current code is a collage of numerous bills that sometimes contradict themselves. That's just one of the reasons a complete revision of the law is in order.

It is not a "loophole". It is a part of the law surrounding immigration.

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

Filed: K-1 Visa Country: Wales
Timeline
Posted

Exactly

“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.”

Filed: AOS (apr) Country: Peru
Timeline
Posted (edited)

Thank you all SO much. This helped a lot. If I have more questions, I know where to go!

Olivia, my only advise would be that in order to avoid a discretionary denial by IO, you file the AOS after he has been in the country for 60 days. If you acted in good faith there should be no problems. Good luck!

Edited by superduperfriend

My Journey :luv:

February 9, 2014 - POE

March 28, 2014 - CIVIL SURGEON/ FORM I-693 (VACCINES)

May 15, 2014 - GOT MARRIED

June 21, 2014 - MAILED I-130, AOS, AP & EAD

June 24, 2014 - USCIS received I-130, AOS, AP & EAD

July 5, 2014 - NOA1 FOR I-130, AOS, AP & EAD (Mail)

July 8, 2014 - NOA2 for Biometrics appointment July 22, 2014 :thumbs:

July 22, 2014 - Biometrics done

September 10, 2014 - AP and EAD approved

September 16, 2014 - Received my combo card in the mail :dancing:

October 9, 2014 - Interview- APPROVED :dancing:

October 17, 2014 - Received green card in the mail

Removal of Condtions:

Start building package before July 16, 2016

event.png

Filed: K-1 Visa Country: Wales
Timeline
Posted

60 day thing is a myth.

“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.”

Filed: Citizen (pnd) Country: Venezuela
Timeline
Posted (edited)

It says that right on the guide page on here. So if you want to do this, you need to be able to prove that you decided while he was visiting that you absolutely did not intend to get married before he flew to the U.S.

Otherwise he could and will be deported if they deem it to be fraud and he won't be able to re-enter the U.S anywhere from 5 to 10 years.

Please inform yourself a little better.

Edited by gb20792

-ROC Journey-
07/16/2016 - Sent package via UPS to VSC.
07/19/2016 - Package received signed by SCOSS.
07/21/2016 - Check cashed.
07/23/2016 - NOA1 received.

08/05/2016 - Biometrics Appt received. (Dated 07/29/2016)

08/08/2016 - Biometrics early walk-in.

08/07/2017 - Received approval letter. (Dated 08/03)

 

-Naturalization Journey-

07/17/2017 - Sent N400 form online

07/18/2017 - Electronic NOA1 received

07/22/2017 - Electronic Biometrics Appointment letter

07/31/2017 - Biometrics appointment completed (Early walk-in Original 08/10/2017)

09/20/2017 - Appointment scheduled

10/27/2017 - Citizenship interview day - Same day approved, status changed to Oath Ceremony Scheduled

12/05/2017 - Oath ceremony - US CITIZEN!

 

- End of Journey - 

 

Filed: AOS (apr) Country: Peru
Timeline
Posted (edited)

60 day thing is a myth.

DELETED

Edited by superduperfriend

My Journey :luv:

February 9, 2014 - POE

March 28, 2014 - CIVIL SURGEON/ FORM I-693 (VACCINES)

May 15, 2014 - GOT MARRIED

June 21, 2014 - MAILED I-130, AOS, AP & EAD

June 24, 2014 - USCIS received I-130, AOS, AP & EAD

July 5, 2014 - NOA1 FOR I-130, AOS, AP & EAD (Mail)

July 8, 2014 - NOA2 for Biometrics appointment July 22, 2014 :thumbs:

July 22, 2014 - Biometrics done

September 10, 2014 - AP and EAD approved

September 16, 2014 - Received my combo card in the mail :dancing:

October 9, 2014 - Interview- APPROVED :dancing:

October 17, 2014 - Received green card in the mail

Removal of Condtions:

Start building package before July 16, 2016

event.png

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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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.
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