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Filed: K-1 Visa Country: Wales
Timeline
Posted

Au Pair, would not be a 2 year HRR.

“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.”

Posted
9 hours ago, ChristopherCham said:

After reviewing my Fiance's Visa i see that she is not subject to the two year rule !

Then you're all good to go my man. Just get married and file the papers away. Again, it is extremely vital that she does NOT leave the US, I would prefer until she has the green card in hand if I was her, but definitely absolutely not until the form I-131 Advanced Parole is approved.

Posted

Also i forgot to ask about this, After we submit all of these forms do we still need to worry about her being deported if she is to be stopped for any reason ? i forgot to mention that she has a disgruntled ex boyfriend that has threatened to call ICE on her and tell on her for working and also being here in the states and she is always in fear of something like that happening and I'm so tired of her having to worry about that. I did read an article about a similar situation where someone was actually deported because of an ex tipping off ICE. 

Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)
39 minutes ago, ChristopherCham said:

Is it necessary for me to hire an immigration attorney ? Is all the paperwork that i need to send in pretty straight forward ? 

No need to hire an attorney.  Spend some time here on VJ reviewing the guide on Adjustment of Status, forum on that topic, and complete the forms and submit everything yourself.  You're in control and not waiting and wondering if the attorney's paralegals are doing it quickly or correctly.  And as for your question on being deported, get married now and file the AOS forms and supporting evidence and documents as soon as you can after that to prevent that from happening.  Once you file AOS, she is under "authorized stay" as a spouse of a USC.  She should not leave the country until AOS is completed and that can take a lot of months.  And she should respect all laws regarding work authorization from now on, no under the table income or anything that might jeopardize the AOS application.  Good luck with getting married and filing AOS!

Edited by carmel34
*
Posted
30 minutes ago, carmel34 said:

No need to hire an attorney.  Spend some time here on VJ reviewing the guide on Adjustment of Status, forum on that topic, and complete the forms and submit everything yourself.  You're in control and not waiting and wondering if the attorney's paralegals are doing it quickly or correctly.  And as for your question on being deported, get married now and file the AOS forms and supporting evidence and documents as soon as you can after that to prevent that from happening.  Once you file AOS, she is under "authorized stay" as a spouse of a USC.  She should not leave the country until AOS is completed and that can take a lot of months.  And she should respect all laws regarding work authorization from now on, no under the table income or anything that might jeopardize the AOS application.  Good luck with getting married and filing AOS!

Thank you so much for your response I really appreciate it !

Posted
3 hours ago, carmel34 said:

No need to hire an attorney.  Spend some time here on VJ reviewing the guide on Adjustment of Status, forum on that topic, and complete the forms and submit everything yourself.  You're in control and not waiting and wondering if the attorney's paralegals are doing it quickly or correctly.  And as for your question on being deported, get married now and file the AOS forms and supporting evidence and documents as soon as you can after that to prevent that from happening.  Once you file AOS, she is under "authorized stay" as a spouse of a USC.  She should not leave the country until AOS is completed and that can take a lot of months.  And she should respect all laws regarding work authorization from now on, no under the table income or anything that might jeopardize the AOS application.  Good luck with getting married and filing AOS!

I appreciate your response, I think she is going to continue working, I dont know if it is possible for her to just quit her job but i know that she is not breaking any other laws.

Posted (edited)
2 hours ago, ChristopherCham said:

I know that she is not breaking any other laws.

Well that’s a relief then.

 

The current system has just about zero incentive for anyone to follow immigration laws as long as they find a usc to marry.  Threads like this need to be bookmarked for the zillion people wondering why they get denied non-immigrant visas.

Edited by SusieQQQ
Posted
58 minutes ago, SusieQQQ said:

Well that’s a relief then.

 

The current system has just about zero incentive for anyone to follow immigration laws as long as they find a usc to marry.  Threads like this need to be bookmarked for the zillion people wondering why they get denied non-immigrant visas.

I don't quite understand what your saying

Posted
42 minutes ago, ChristopherCham said:

I don't quite understand what your saying

They appear to be pointing out that her violations are part of the reason why her fellow countrymen have difficulties getting non-immigrant visas. People often post about why their family members and friends can't visit them in the US - even for their wedding.

 

She's bucking the law still by continuing to work, and (illegally) not paying her fair share by not reporting it on taxes. That's not a good start. It does make one   wonder what else they will do if they think they can get away with it.

 

But none of this actually affects her individual case. She can AOS fine.

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

 

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted
On ‎1‎/‎3‎/‎2019 at 10:13 AM, NikLR said:

This may be moved again to AOS from work, tourist and student visas should her visa not contain the 2 year requirement

 

**Thread moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.**

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

 

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

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