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Sinead91

Coronavirus and currently visiting in the US (K1 Approvdd)

By Sinead91 in Adjustment of Status from Work, Student, & Tourist Visas

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caitlinrose88 Rookie

caitlinrose88   6

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Filed: K-1 Visa Country: Canada
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13 minutes ago, geowrian said:

No issue marrying and doing AOS with the change in circumstances since entry.

Once the I-485 is filed, he will have a period of authorized stay while the case is pending.

I'm assuming he has already discussed (or will do soon) the issue with his Canadian employer so they don't expect him back, if he goes that route.

Yes, luckily the office he works for has an office in Denver as well so they said they’d hire him when he’s all legal. 
 

Thanks for your help. Is there a particular guide on VJ for this type of situation I could read up on? 

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Not sure if this out of line (I’m sure others will let me know if it is)  but given how rapidly everything has changed, is it actually wrong just to marry and adjust now ? Visa fraud applies to intent

Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
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Just now, caitlinrose88 said:

Yes, luckily the office he works for has an office in Denver as well so they said they’d hire him when he’s all legal. 
 

Thanks for your help. Is there a particular guide on VJ for this type of situation I could read up on? 

 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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Posted (edited)
3 hours ago, caitlinrose88 said:

 

Are you guys saying that marrying now and adjusting status would be legal? He did not come into the US with the intent of marrying me of course. He is here on the VWP for up to 90 days. If we were to get married now and adjust, would he be able to stay in the States while waiting for the adjustment? Sorry for all the questions and for hijacking this thread. I’m just so surprised that this could be an option? Thanks in advance for any help. 

In my unlicensed and un-degreed legal opinion,

 

* yes it would be legal.

 

* yes he can stay until his AoS case is resolve (approve or deny).

 

Does he have his birth certificate?

Edited by Mike E
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caitlinrose88 Rookie

caitlinrose88   6

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Filed: K-1 Visa Country: Canada
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Just now, Mike E said:

In my unlicensed and un-degreed legal opinion, yes it would be legal.

 

Yes he can stay until his AoS case is resolve (approve or deny).

 

Does he have his birth certificate?

He does indeed. I believe we have all documents we would need for the I-185. The real trick is going to be finding a county clerk’s office that is remaining open. 

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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Just now, caitlinrose88 said:

He does indeed. I believe we have all documents we would need for the I-185. The real trick is going to be finding a county clerk’s office that is remaining open. 

A count clerk office that will issue you a marriage license, marriage cert, and hopefully perform the ceremony.

 

Yeah that is going to be a trick.

 

https://corona.help/country/us can tell which states are least hit. Start there.

 

Road trip. 

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DaveAndAnastasia Experienced

DaveAndAnastasia   2,092

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Filed: Citizen (apr) Country: Russia
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14 hours ago, caitlinrose88 said:

He does indeed. I believe we have all documents we would need for the I-185. The real trick is going to be finding a county clerk’s office that is remaining open. 

Though IIRC, in CO you don't need witnesses (or even an officiant) for a civil marriage, so if you can find some place to issue a license, you should be good. 

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

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caitlinrose88 Rookie

caitlinrose88   6

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Filed: K-1 Visa Country: Canada
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Posted
Just now, DaveAndAnastasia said:

Though IIRC, in CO you don't need witnesses (or even an officiant) for a civil marriage, so if you can find some place to issue a license, you should be good.

I think you’re right! They’re all closed here until March 27 but hopefully then they’ll reopen. 

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Sinead91 Enthusiast

Sinead91   249

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Filed: Lift. Cond. (pnd) Country: Ireland
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Posted (edited)

If we marry now, Is it possible for me to change my status even though I am here on an ESTA? or can you just adjust on other visas?

Edited by Sinead91

Immigration Specialist for Cap Exempt organization. Happy to help with H-1B / J-1 / Change of status :) 

Marriage Based AOS

  • Wedding: 05/16/2020
  • Packet sent: 01/07/2020
  • NOA1 i485, i130, i131 + i765: 08/10/2020
  • Biometrics i765: 10/07/2020
  • Biometrics i485: 10/20/2020
  • EAD + AP approved: 11/03/2020
  • EAD + AP card arrived: 11/09/2020
  • SSN arrived: 11/10/2020
  • Interview: 02/22/2021
  • Approved: 02/22/2021
  • GC arrived: 03/01/2021
  • ROC packet filed: 01/13/2023
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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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Posted (edited)
3 minutes ago, Sinead91 said:

If we marry now, Is it possible for me to change my status even though I am here on an ESTA? or can you just adjust on other visas?

VWP is very limited in options to adjust or change status, importantly adjusting status through marriage is one of them. So you are good to go.

Edited by Boiler

“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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Sinead91 Enthusiast

Sinead91   249

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Filed: Lift. Cond. (pnd) Country: Ireland
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4 minutes ago, Boiler said:

VWP is very limited in options to adjust or change status, importantly adjusting status through marriage is one of them. So you are good to go.

Thank you! We just don’t want to do something that would jeopardize our future 

Immigration Specialist for Cap Exempt organization. Happy to help with H-1B / J-1 / Change of status :) 

Marriage Based AOS

  • Wedding: 05/16/2020
  • Packet sent: 01/07/2020
  • NOA1 i485, i130, i131 + i765: 08/10/2020
  • Biometrics i765: 10/07/2020
  • Biometrics i485: 10/20/2020
  • EAD + AP approved: 11/03/2020
  • EAD + AP card arrived: 11/09/2020
  • SSN arrived: 11/10/2020
  • Interview: 02/22/2021
  • Approved: 02/22/2021
  • GC arrived: 03/01/2021
  • ROC packet filed: 01/13/2023
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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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Just now, Sinead91 said:

Thank you! We just don’t want to do something that would jeopardize our future 

VJ has a section just for those adjusting, quite common.

“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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Ontarkie Grand Master

Ontarkie   14,221

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Filed: Citizen (apr) Country: Canada
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~~Moved to AOS from Work, Student and Tourist Visas, from K1 P&P - the OP is exploring the AOS option that is now available to them.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Newhawaiki Contributor

Newhawaiki   20

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Filed: K-1 Visa Country: Australia
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Posted (edited)

Can someone please explain how the AOS is possible from a VWP, especially if the Government can see that you are in the midst of the K1 process? (As in an officer saying "Why are you getting married here and now on a VWP if you have a K1 pending?") That alone seems like a frightening prospect to me. 

Edited by Newhawaiki
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SusieQQQ Grand Master

SusieQQQ   11,586

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Filed: Citizen (apr) Timeline
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12 hours ago, Boiler said:

VWP is very limited in options to adjust or change status, importantly adjusting status through marriage is one of them. So you are good to go.

Just a clarification that this is only applicable /allowed for marriage to USCs - in case this is read by a future wannabe spouse of a LPR.

 

37 minutes ago, Newhawaiki said:

Can someone please explain how the AOS is possible from a VWP, especially if the Government can see that you are in the midst of the K1 process? (As in an officer saying "Why are you getting married here and now on a VWP if you have a K1 pending?") That alone seems like a frightening prospect to me. 

Would not be the first couple to get married while k1 pending. K1 can no longer be used if couple gets married, they have to move to spouse based visa. As she is here, she can adjust.
As for the “why”, that’s already been dealt with above, many people have changed many pre-existing plans over the past couple of weeks. 

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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4 hours ago, Newhawaiki said:

Can someone please explain how the AOS is possible from a VWP, especially if the Government can see that you are in the midst of the K1 process? (As in an officer saying "Why are you getting married here and now on a VWP if you have a K1 pending?") That alone seems like a frightening prospect to me. 

Because the Law allows me to?

 

Why would an officer even ask such a question, they have been trained in USCIS procedures.

“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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