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Filed: IR-1/CR-1 Visa Country: Canada
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2 hours ago, SGtoMurica said:

 

Why don't you consider doing I-485 since you're already in the US?

For various reasons, main one being the fear of my application for AOS to be deemed as fraud. After being placed on AP, I got pulled into secondary once at the airport trying to re-enter the states. I was specifically asked if I have the intension for AOS, which is really not my intension at the time given that I’m at the last stage of my IR1 application (thinking that AP will be cleared in 6 months max). After waiting for three months and with no movement with AP,  I then seek legal counsel to explore I-485. I was strongly advised against it given that I had previously stated my intension to visit as strictly recreational. 
 

Bottom line, I don’t want to rock the boat as the worse case scenario is being denied for entry FOREVER. 

Edited by APRIL2023
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6 hours ago, APRIL2023 said:

For various reasons, main one being the fear of my application for AOS to be deemed as fraud. After being placed on AP, I got pulled into secondary once at the airport trying to re-enter the states. I was specifically asked if I have the intension for AOS, which is really not my intension at the time given that I’m at the last stage of my IR1 application (thinking that AP will be cleared in 6 months max). After waiting for three months and with no movement with AP,  I then seek legal counsel to explore I-485. I was strongly advised against it given that I had previously stated my intension to visit as strictly recreational. 
 

Bottom line, I don’t want to rock the boat as the worse case scenario is being denied for entry FOREVER. 

 

Because you are married to a US Citizen, you will never be denied entry forever.

 

There are plenty of illegals who are in the US unlawfully, who married a US citizen, and all of their past immigration violations/crimes are forgiven.

 

But I understand where you are coming from.

EB-2 NIW in AP since May 2023

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Filed: IR-1/CR-1 Visa Country: Canada
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On 12/31/2023 at 4:31 PM, SGtoMurica said:

I don't see too many IVs on that website. Where did you find the information about most AP for IVs clearing in 3 months? My understanding is that most APs have been taking almost 6+ months since 2022.

 

From ***REMOVED*** immigration forum , exactly one IR1 case with DS5535,cleared in 3 months at MTL in 2022. 

   I suggest if you have time , might read meeting briefs of DOS consular unit speaker with AILIA under Visa News,@ travel.dos.gov web site , very informative 😄

    

 

Edited by Crazy Cat
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Filed: IR-1/CR-1 Visa Country: Canada
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On 1/2/2024 at 2:14 PM, APRIL2023 said:

For various reasons, main one being the fear of my application for AOS to be deemed as fraud. After being placed on AP, I got pulled into secondary once at the airport trying to re-enter the states. I was specifically asked if I have the intension for AOS, which is really not my intension at the time given that I’m at the last stage of my IR1 application (thinking that AP will be cleared in 6 months max). After waiting for three months and with no movement with AP,  I then seek legal counsel to explore I-485. I was strongly advised against it given that I had previously stated my intension to visit as strictly recreational. 
 

Bottom line, I don’t want to rock the boat as the worse case scenario is being denied for entry FOREVER. 

After visiting my husband in the us, I spoke to a lawyer that told me instead of dealing with the ds5535 just file within AOS which I did not know was possible. So now we filed for the AOS

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Filed: Citizen (apr) Country: Taiwan
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32 minutes ago, Nadzz said:

After visiting my husband in the us, I spoke to a lawyer that told me instead of dealing with the ds5535 just file within AOS which I did not know was possible. So now we filed for the AOS

A person cannot enter the US as a visitor with the intent to stay and adjust status.  Adjustment of status via an I-485 is not available to anyone currently outside the US (except for a K-1).

Edited by Crazy Cat

"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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Filed: Citizen (apr) Country: Taiwan
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***One comment edited by VJ Moderation to remove an unapproved link****

"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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Filed: EB-2 Visa Country: Tunisia
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1 minute ago, Nadzz said:

After visiting my husband in the us, I spoke to a lawyer that told me instead of dealing with the ds5535 just file within AOS which I did not know was possible. So now we filed for the AOS

I was given the same advise by an immigration lawyer
Will your IV application be considered abandoned/withdrawn? I heard conflicting opinions about that.
Also, there is a section in the I-485 that asks about previous IV refusals and denials, what did you say there? 

 

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Filed: Citizen (apr) Country: Taiwan
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7 minutes ago, CondorMantis said:

I was given the same advise by an immigration lawyer
Will your IV application be considered abandoned/withdrawn? I heard conflicting opinions about that.
Also, there is a section in the I-485 that asks about previous IV refusals and denials, what did you say there? 

 

Where is the beneficiary for your case right now?

Edited by Crazy Cat

"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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Filed: EB-2 Visa Country: Tunisia
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1 minute ago, Crazy Cat said:

Where is the beneficiary right now?

I am the beneficiary, currently in the US under an H1B status, so I am eligible to file an AOS application.
H1B and L1 visas are dual intent, i.e. they allow immigration intent, unlike a visitor's visa or a student visa 

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

I am the beneficiary, currently in the US under an H1B status, so I am eligible to file an AOS application.
H1B and L1 visas are dual intent, i.e. they allow immigration intent, unlike a visitor's visa or a student visa 

Thanks for the info. 

"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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26 minutes ago, Nadzz said:

After visiting my husband in the us, I spoke to a lawyer that told me instead of dealing with the ds5535 just file within AOS which I did not know was possible. So now we filed for the AOS

The fraud comment is mentioned by others in this forum before too. It seems many lawyers advised their clients not to apply for AOS while waiting for their AP result. It would be interesting to see your result. Plz update us. Do you know the current waiting time for AOS ?

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Filed: IR-1/CR-1 Visa Country: Canada
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58 minutes ago, CondorMantis said:

I am the beneficiary, currently in the US under an H1B status, so I am eligible to file an AOS application.
H1B and L1 visas are dual intent, i.e. they allow immigration intent, unlike a visitor's visa or a student visa 

Going though AOS through H1B would make sense given the dual intent nature. I am in the states as a visitor (B1), which is why my lawyer would advise against it. 

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Filed: Citizen (apr) Country: Canada
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1 hour ago, CondorMantis said:

I was given the same advise by an immigration lawyer
Will your IV application be considered abandoned/withdrawn? I heard conflicting opinions about that.
Also, there is a section in the I-485 that asks about previous IV refusals and denials, what did you say there? 

 

Yes it will be considered abandoned. You start from scratch by doing. AOS

 

Also for those that have changed direction please make your way to the AOS forum and not disrupt this thread further. 

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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Filed: Citizen (apr) Country: Canada
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1 hour ago, Darkknight574 said:

The fraud comment is mentioned by others in this forum before too. It seems many lawyers advised their clients not to apply for AOS while waiting for their AP result. It would be interesting to see your result. Plz update us. Do you know the current waiting time for AOS ?

Just saw a post that approval took 1.5yrs. 

Ead and AP was about 6-8 months and I've seen it mentioned it is getting longer. 

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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I keep overthinking some of my ds5535 responses and was wondering, would it be a red flag if you haven't listed any of the major social media sites? 

 

I simply deleted mine long ago (over 10 years ago) for personal and privacy reasons. I'm a millennial and it's rare not to have FB/Instagram etc..but I honestly don't and was wondering if that would delay my AP process?

 

 

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