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I-130 approved, I-485 still pending..misrep

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Filed: Timeline

The questions were similar to what I stated already (when did you fill out the f-1? Do you remember the application asking about the arrest? Did anyone ask you about the arrest?). I don't remember what he said at the end, I think that he had to speak to an adjudicator; we were allowed to make closing statements and he said he would keep our statements into consideration of our case.

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Filed: Timeline

The questions were similar to what I stated already (when did you fill out the f-1? Do you remember the application asking about the arrest? Did anyone ask you about the arrest?). I don't remember what he said at the end, I think that he had to speak to an adjudicator; we were allowed to make closing statements and he said he would keep our statements into consideration of our case.

What does your online status say?

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  • 4 weeks later...

to pitch in on a similar case:

I had a minor crime conviction when I was a teenager: attempted shoplifting, got caught and payed a fine. By laws in my country this disappears from my criminal record after 1 year and I don't have to disclose it. My first US visa was before the incident, my second one was after, and I mentioned it in the application. Nobody asked me about it though. My F1 was past 1 year time and I answered "no" to questions about crimes, because I thought I am allowed to do so. Then I did AOS after marriage, and again answered "no" to all questions because I simply forgot it ever happened!

Then I did ROC, and again answered no.

Finally I went to do my N-400 and read "have you EVER" been convicted and that even if it is cleared by the laws of my country, I still have to list it. So I did. I also submitted all court records and a criminal record (BTW, I accidentally requested 2 records one after another, and one came clear, one had this case mentioned as cleared... I used the clear one, obviously). During the interview I told the officer I answered to the best of my understanding (have been convicted, have not been arrested), but he argued it was an arrest and fixed it in the application. He looked at the related documents and said he'll need maybe a week to review. A week later I was approved. Also in VA.

Be prepared to give them all related court records with translations and a cover letter, but I think you'll be fine.

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

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Filed: K-1 Visa Country: Wales
Timeline

Sounds like you were very lucky.

“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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Sounds like you were very lucky.

maybe. But I also think N400 application specifically says "have you EVER been... even if cleared, expunged, etc etc" while other applications only say "have you ever". I also gave the CO a translated quote from our local laws which stated I have a right to consider myself never convicted. I told them all about it and I spoke to a reputable immigration lawyer and no one was concerned.

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

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  • 3 weeks later...
  • 1 month later...
 
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