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Posted
2 hours ago, geowrian said:

The E-2 will be voided when you divorce and you will be in the US without status.

You can marry and file for AOS. Being out of status is not a bar for an immediate relative of a USC.

Explaining the situation may be difficult. If you have been residing in the US using a visa based upon a marriage that existed only in name, I would expect some scrutiny.

I would expect a lot of scrutiny... 

 

whats the plan? To get divorced one day and remarry the next? Wow surly there would be scrutiny alone about the use of E2 visa while knowingly being seperated and going through a divorce? Regardless of being under same roof 🙈 then proving legitimacy for one or both visas... talk about a bag of worms being opened

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
Posted (edited)
4 hours ago, Sabrina90 said:

AP means?

Advance Parole. "Aliens who have pending applications for certain immigration benefits need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment."

I-765 and/or I-131 are free to file when based on a pending I-485: ""If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485." https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf Page 16

Edited by HRQX
Posted

The suggestion to read the guides is for your own benefit. You are just starting to learn of the process and have no idea what you don't know yet. And many common questions will answer themselves by going through the guides and form instructions. The instructions in particular should always be your first source of information before random people on a forum. There's a lot of valuable information here and people willing to help.

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

 

Posted
2 hours ago, Duke & Marie said:

I’m not sure how his advising you to read the AOS process is rude 🙄

 

perhaps if you actually took time to take his advise, read the requirements and help yourself like the rest of us ladies do you wouldn’t be quite so helpless.. after all, you seemed perfectly capable when it came to creating the situation, now you need to work at resolving it too. 

I agree.  OP, own your process.  Take responsibility for educating yourself on the process.  No one else is more invested in it than you.

Filed: Citizen (apr) Country: Canada
Timeline
Posted
4 hours ago, Sabrina90 said:

I came here to find help to find answers. 

I find your response pretty rude. 
Im a helpless woman who is only searching for answers and help. 

 

Do you know what’s in the guides?  Answers to your questions.

 

No one is here to be rude - we are helpful, but you also gotta take some responsibility and educate/familiarize yourself  with the process, and then ask specific questions once you have a general idea.

 

Claiming to be a “helpless” woman is nonsense.  You have the tools here to empower yourself. 

Posted
4 hours ago, Sabrina90 said:

I came here to find help to find answers. 

I find your response pretty rude. 
Im a helpless woman who is only searching for answers and help. 

 


 

The answers aren’t rude.

 

You’ve come to a free forum looking for free help from people who are giving you their time for free. 
 

It would be a good idea to do some research on your own too. You’re not helpless. Don’t play that card. 
 

if you’re not happy with the help and guidance then pay a lawyer. 
 

 

Our Visa Journey:

 

2 April 2018: Married in Santa Ana, California 💒

6 June 2019: Birth of our daughter 👶👨‍👩‍👧

14 October 2019: Sent I-130 package via AusPost 📮 

18 October 2019: NOA1 received - sent to Texas Service Centre :D

24 October 2019: USCIS processed filing fee 🤑 waiting game 🕰️

22 January 2020: Andy moved back to the USA😞 🇺🇸 - re-establish domicile & to get a job 👨‍⚕️

23 February 2020: Petition transferred from Texas Service Centre to Nebraska Service Centre 😞

15 May 2020: I-130 petition approved! 😭😍 Date changes leading up to the approval were: 1 May, 12 May, 13 May. 

16 May 2020: Received NVC email, paid all fees. Waiting for fees to process so we can upload and submit all documents

19 May 2020: Immigrant visa Fees PROCESSED; affidavit of support fee PROCESSED 

28 May 2020: Submitted VISA application, civil documents & affidavit of support documents. Patiently awaiting DQ. 

2 June 2020: Email received from NVC stating that we have been Documentary Qualified and that they will liaise with US Consulate in Sydney for Interview 🐨

27 June 2020: Expedite request submitted 🤞

7 July 2020: Expedite request APPROVED! 😃😭

15 July 2020: Email received advising of interview date and time. 
20 July 2020: Medical i: n Melbourne CBD 🏥     
28 July 2020: US visa interview at US consulate Sydney - refused 221(g) issued. Request for joint sponsor 😞

31 July 2020: uploaded joint sponsor to NVC, emailed consulate 

5 August 2020: emailed received advising they have received the joint sponsor 

7 August 2020: case i0n “administrative processing” 🤞

10 August 2020: visa ISSUED 😭 

12 August 2020: passport and visa in hand!

Posted
14 minutes ago, HRQX said:

True. But should a future overstay be condoned? I assumed the TOS prohibited that.

True. Best thing is to return home without any overstay.

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

Moved from K1 Progress Reports 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

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted
17 hours ago, Sabrina90 said:

I came here to find help to find answers. 

I find your response pretty rude. 
Im a helpless woman who is only searching for answers and help. 

 

Tell a lawyer that line.  They love to hear stuff like that, and will take you for every dime you have, then.

 

Don't bite the hand that feeds you---especially for free.  People here are willing to help you, but you need to educate yourself on the basics of the process as well, because while there are many willing to help where they can, no one is going to be able to hold your hand through the entire process.

 

Empower yourself by reading the guides and knowing the basics.

 

 

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Posted

I am not well versed in this at all, so please take my suggestion with a grain of salt, but could the OP's current place of work attempt to sponsor a new work visa for her so she can continue to work through her divorce process and the AOS process, since it sounds like they do not want to lose her as an employee?

 

 

18 hours ago, Sabrina90 said:

AP means? 

Sorry so many questions 🤦🏻‍♀️😫

AP is advance parole - it's what would allow you travel outside of the US while in the AOS process. You cannot travel outside the US without it while adjusting your status or the US would consider you to be abandoning your request.

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

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