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Crazy immigration lawyer?

By Jrozzler in K-1 Fiance(e) Visa Process & Procedures

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
Just now, Suss&Camm said:

Like I was told, this is decided at the border. By allowing her to enter they have already made the decision that they don't think this was the intent and once such a couple marries and files for AOS as spouses this doesn't matter anymore. You can marry a USC and AOS from any visa.

Correct. But since she is heading back to Canada in a week, it would be fraud to re-enter with the intention to adjust afterwards. I just wanted to clarify that to the OP.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Hypnos
Hypnos

A complaint to their State Bar for advising you to commit a federal crime may well be in order. 

Boiler
Boiler

Fraud   But the most popular option.

Ontarkie
Ontarkie

Edited to ask is she in the US right now? If not do not listen to that lawyer.

Jrozzler Explorer

Jrozzler   17

Posted
Filed: K-1 Visa Timeline
  • Author
Posted
2 minutes ago, geowrian said:

Correct. But since she is heading back to Canada in a week, it would be fraud to re-enter with the intention to adjust afterwards. I just wanted to clarify that to the OP.

Right the lawyer suggested that if we were to go this route, then we should wait a couple months and have her visit again and then marry and file for AOS

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Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
3 minutes ago, Jrozzler said:

Also I feel like me even starting this topic on possibly commiting visa fraud is grounds for me getting into trouble if I go that route haha! 

Well your topic was to inquire about the legal advice you got :) 

but as said this only matters and is only fraud if she enters with that intent...

Well good luck whatever you should choose.. I'm assuming it'll be the K1 and maybe we'll hear more from you.. sooo please fill out your information and :time:as you go. This helps ppl in answering your questions correctly and in keeping VJ statistics as true as possible for all users :)

 

and ofc good luck!

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
4 minutes ago, Jrozzler said:

I just feel like it's too risky 

That IS visa fraud... so no :) 

Geeezz what a lawyer....advising ppl to do something that is illegal and can potentially rly hurt your chances as a couple to live in the US... I agree with reporting him/her.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
7 minutes ago, Jrozzler said:

Right the lawyer suggested that if we were to go this route, then we should wait a couple months and have her visit again and then marry and file for AOS

Alright. Well, yeah...I'm glad you were wise and posted here. What he recommended is fraud. smh

 

Good luck!

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Boiler Grand Master

Boiler   45,525

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

It is what most Lawyers would say, I doubt if it was in writin, in the privacy of a Lawyer-Client relationship.

“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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caliliving Proficient

caliliving   606

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

If she is here now she had no intentions at the border and could marry...make ur fb private if ur that worried. But she would have to stay here until her gc...6 months? She wouldn't be able to leave...your lawyer gave u the right advice. You didn't tell people she was here with you. Sounds like she has lots to take care of. Just figure out k1 or cr1 and go from there:) 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 minute ago, caliliving said:

If she is here now she had no intentions at the border and could marry...make ur fb private if ur that worried. But she would have to stay here until her gc...6 months? She wouldn't be able to leave...your lawyer gave u the right advice. You didn't tell people she was here with you. Sounds like she has lots to take care of. Just figure out k1 or cr1 and go from there:) 

Actually, he said the lawyer said this:

" Right the lawyer suggested that if we were to go this route, then we should wait a couple months and have her visit again and then marry and file for AOS"

 

That piece is not the right advice.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
6 minutes ago, geowrian said:

Actually, he said the lawyer said this:

" Right the lawyer suggested that if we were to go this route, then we should wait a couple months and have her visit again and then marry and file for AOS"

 

That piece is not the right advice.

Oh I didn't read that message..too many posts. 

Yeah, if u leave no u can't come back and do that aos. 

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
4 hours ago, Suss&Camm said:

You can marry a USC and AOS from any visa.

Most, but not all. 

 

You cannot adjust from C-1/D visas (merchant sailor crewmen), or from a J-1 still subject to the two year HRR. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
1 hour ago, Hypnos said:

Most, but not all. 

 

You cannot adjust from C-1/D visas (merchant sailor crewmen), or from a J-1 still subject to the two year HRR. 

Tnx :) and that would make sense

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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slimbolina Enthusiast

slimbolina   48

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

If you're going to do it then do it properly and legally. What's the point in doing it any other way and living a life constantly looking over your shoulder. If you're in a bona fide relationship then it's the obvious route to take, I wouldn't do anything like come to the States and hope for the best, just not worth it, the wait however is so my advice is to do a K1 (fiance) visa and go through the correct channels.

I will not look back on this journey with fond memories, but I will look back knowing that every step was worth it, whatever the outcome.

K-1

Spoiler

 

I-129f sent - December 30 2015
NOA1 received - January 4 2016
Hard copy received - January 11 2016
RFE notice - February 29 2016 (56 days)
Hard copy received - March 4 2016
RFE receipt - March 09 2016 (9 days)

NOA2 received - March 16 2016 (72 days from NOA1)

NVC received - April 06 2016 (21 days from NOA2)

Medical - April 15 2016

Packet 3 received - April 16 2016

Interview - June 01 2016 (wedding postponed) - APPROVED!!

Visa in hand - June 09 2016

Flying home - June 17 2016 - POE JFK - check out my POE review for details

Wedding - July 14 2016

 

AOS

I-485 - 08/24/16



NOA1 - 09/01/16 Biometrics - 09/26/16

EAD - 11/04/16

AP - 11/05/16

Card delivered - 11/19/16

Driving license - 11/30/16

New job - 12/01/16

I-485 approved - 02/10/17 - Interview waived

ROC

I-751 - 11/30/18

NOA1 - 01/25/19

Biometrics - 07/01/19

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Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted
Just now, slimbolina said:

If you're going to do it then do it properly and legally. What's the point in doing it any other way and living a life constantly looking over your shoulder. If you're in a bona fide relationship then it's the obvious route to take, I wouldn't do anything like come to the States and hope for the best, just not worth it, the wait however is so my advice is to do a K1 (fiance) visa and go through the correct channels.

Aos from tourist visa is a legal and proper avenue :)

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