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micky7

AoS from E3 to Green Card (marriage)

By micky7 in Adjustment of Status Case Filing and Progress Reports

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micky7 Apprentice

micky7   15

Posted
Filed: AOS (pnd) Country: Australia
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Hi all! 

I'm new here but about to start this process. I have a few concerns if anyone has experience.
I came to the US last year for a holiday (VWP), had my flight home cancelled in December, received 3 x VWP extensions, found a job (as flights were still 15k+, I'm a registered nurse so was in demand, was eligible for an E3 and had it in my plans to work overseas again at some point - I spent 2019 in London), and re-entered on an E3 mid-March after an emergency appointment in South America. Obviously while in the US during this process I met my boyfriend (hence the title haha). We met back in October. Everything was very normal and fine until we found out last month that he has to move to Puerto Rico. Being on an E3, my visa is tied to my job. Being an RN, I can't get a job immediately in any state as I have to be licensed there. I also don't speak Spanish so I'm not eligible for most of the jobs there. We didn't want to do long distance so we were looking at how I could come to PR with him. We are getting married so that we can be together. 
A few things! 
We have to leave ASAP, but my 90 days since my last entry (03/19) is the exact date we wanted to get married (06/17). He is meant to be in PR the week before, so we legitimately can't have him leave any later. Our city hall is only doing Tuesdays and Thursdays as well and it's Thursday the 17th, extending beyond this would add another 5 days. I have the obvious worries about this with the 90 day rule. If you had asked me when I entered on the E3 if I'd be married in 3 months I would've bet all my money against it! It was definitely not planned, but can I include any evidence in our I-485 to reflect this?
Secondly, given my US travel history the last 8 months I'm worried they'll think I was entering fraudulently at some point. I genuinely wasn't! Granted we entered into our relationship while I was on the VWP, but I couldn't get home to Australia unless I was willing to pay 20k. My original flight was cancelled after I was symptomatic for covid. This was reflected in my VWP extension applications.

Despite the stress and convoluted sounding experience I'm so happy everything has worked out how it did. We're super happy together and so excited for this next adventure. I can't imagine the pain of being denied our application and not being allowed to be together.

**One of my good friends is an immigration lawyer, I have obviously spoken to him but wanted some anecdotal experiences.

Thank you in advance!!!! :)

Sent: 09/07/21

Delivered: 09/09/21

Texts: 09/12/21

NOA1/Online Code: 09/15/21

Biometrics Apt: 11/17/21

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Boiler Grand Master

Boiler   45,486

Posted
Filed: K-1 Visa Country: Wales
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Posted

Did not your good friend the Immigration Lawyer explain the 90 day myth?

“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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micky7 Apprentice

micky7   15

Posted
Filed: AOS (pnd) Country: Australia
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Posted
Just now, Boiler said:

Did not your good friend the Immigration Lawyer explain the 90 day myth?

haha I'm aware, but I find he always leans into the safe option so advised against it. I think I'm more worried about that being combined with my travel history.

Sent: 09/07/21

Delivered: 09/09/21

Texts: 09/12/21

NOA1/Online Code: 09/15/21

Biometrics Apt: 11/17/21

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Boiler Grand Master

Boiler   45,486

Posted
Filed: K-1 Visa Country: Wales
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Posted

Why?

 

You were inspected and admitted and now wish to marry and adjust status. VJ has a forum for those going through the process, you are hardly on your own.

 

Your travel history may be relevant if you were looking for a non immigrant visa but you are wishing to immigrate.

“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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micky7 Apprentice

micky7   15

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Filed: AOS (pnd) Country: Australia
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24 minutes ago, Boiler said:

Why?

 

You were inspected and admitted and now wish to marry and adjust status. VJ has a forum for those going through the process, you are hardly on your own.

 

Your travel history may be relevant if you were looking for a non immigrant visa but you are wishing to immigrate.

Can I ask which forum this is? I thought I had selected the correct one. 

I guess because it jumps around a bit. But I guess I never thought of it with that frame of mind re: it not being a non immigrant application

Sent: 09/07/21

Delivered: 09/09/21

Texts: 09/12/21

NOA1/Online Code: 09/15/21

Biometrics Apt: 11/17/21

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Boiler Grand Master

Boiler   45,486

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

I was just pointing out that VJ has a forum because it is so common a situation. You will find many in a similar situation.

 

Your travel history and the 90 day thing would be an issue if you were applying for a non immigrant visa but you are not.

 

You can read others stories by looking through this section of the forum.

 

I guess I was most intrigued because you mentioned speaking to an Immigration Lawyer. The Lawyer should have dealt with these questions.

 

 

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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