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ryan3434

What if the airfare is too much to leave US within 90 days?

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Filed: Citizen (apr) Country: Australia
Timeline
2 hours ago, ryan3434 said:

Hello, my Chinese fiance is currently in the US on a K1. Our situation is unique because even if we get married within 90 days, we both need to return to China in Sept. for work. (Her 90 days is up on Sept. 13). However, the flight tickets to China before that point are at least $8K, which is about 15x the normal price. Does anyone know whether the USCIS has issued a waiver for this situation, or if we can apply for extension due to these extenuating circumstances? Thank you!!

USCIS doesnt care how much into debt you have to go to buy the ticket… they do however care very much if you dont comply with your visa requirements.   Not worth it .. not exactly extenuating circumstances 

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1 hour ago, ryan3434 said:
2 hours ago, Mike E said:

1. Did she know at the time of her K-1 interview that she would not be living in the USA and not marrying?

 

2. Was she asked by the CO if she intends to marry the petitioner?

 

3. Did you have domicile in the USA at the time of her interview?

The answer to all of these is no. Thanks

The Fiancé presumably passed interview because she was honest and sincere in answering questions as she was instructed by OP ( and immigration attorney, if any) so: 

 

1. She definitely provided a US address where she and OP would live at

 

2. The intent to marry was already Signed and Sworn to at USCIS stage , so probably no such direct question 

 

3. OP , please clarify how long you had been under contract in China Before/At the time of filing I-129F…this  because IF you filed I-129 F showing you were working/ living in China …some issues regarding domicile or intent to re-establish domicile in the US would have come up

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Filed: F-2A Visa Country: Nepal
Timeline
2 hours ago, ryan3434 said:

these extenuating circumstances?

As already said, extenuating circumstances are something that is not under one's control. You are created your circumstances with your full conscience. Uscis doesn't care about that.


 

What if the airfare is too much to leave US within 90 days?

Well, you can choose to not go at all or go much later when it's cheaper. 

 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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2 hours ago, Mike E said:

Astonishing that without you having domicile, her visa was approved.

 

Also you posted in February 2022 that you knew neither of you would be living in the USA. 
 

Yet as of  April 2022 she had not interviewed. 

I do hope OP can respond to this “stunning mystery “ that @Mike E once again has me chasing. …


How does a USC ( living working abroad) file an I-129 F and at the K-1 interview still show a foreign address without any questions on US domicile..

 

How does a K-1 get past an interview whose sole purpose is to determine that the two parties have a Real Relationship, so as to allow the foreign Fiancé to go to the US for the Sole Purpose of Marrying and living w USC? 

 

 

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Filed: F-2A Visa Country: Nepal
Timeline
15 minutes ago, Family said:

How does a USC ( living working abroad) file an I-129 F and at the K-1 interview still show a foreign address without any questions on US domicile..


 

Easy: Showing intent to domicile.

 

15 minutes ago, Family said:

How does a K-1 get past an interview whose sole purpose is to determine that the two parties have a Real Relationship, so as to allow the foreign Fiancé to go to the US for the Sole Purpose of Marrying and living w USC? 

Easy again: By not telling CO the actual plan. 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Citizen (apr) Country: Myanmar
Timeline
30 minutes ago, Family said:

The intent to marry was already Signed and Sworn to at USCIS stage , so probably no such direct question 

Visajourney’s K-1 guide says to have fresh letters of intent for the interview. We did (because of the visajourney guide). They were collected.  

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1 minute ago, arken said:

Easy: Showing intent to domicile.

 

Easy again: By not telling CO the actual plan. 

I was not at the interview, so I don't know exactly what CO asked, so I can't help you there. But I'm pretty sure my fiance did not conceal anything or mislead. At the time of filing, I had been living in China for 3 years. I know she brought copies of my employment contract, which expired about a month after her interview date. Every year it is uncertain whether the contract will be renewed. In any case, we definitely DO intend to marry and live in the US soon, but we might spend 1-2 more years in China before that happens. But I will also say that I gave my fiance plenty of evidence of US domicile, e.g. several bank accounts, investment accounts, etc. I am actually employed by a US university, too, so my paychecks go directly into a US bank. I also gave my most recent US tax return for 2020. I think all of this makes it clear that I have significant ties to the US and plan to return. 

 

 

 

 

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I will assume a very good immigration attorney prepared the I-129 F and prepped Fiancé for interview…and agree with @arken

Showing a US address and the “ temporary “ one year contract in China. ..with good US ongoing ties to address/accounts/etc..

 

But given that Fiancé DID NOT quit job , it also clearly points to @Mike E assessment that intent was clouded . Doubt a B-2 will ever be on the horizon for Fiancé, so make the best of US visit since OP plans to live in China indefinitely. 

Renewed intent to marry is NOT standard at interview

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Filed: Citizen (apr) Country: Taiwan
Timeline
11 minutes ago, ryan3434 said:

I was not at the interview

Just for clarification, where were you actually living at the time of the interview? 

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!"

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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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10 minutes ago, ryan3434 said:
11 minutes ago, Crazy Cat said:

Just for clarification, where were you living at the time of the interview? 

I was in China at the time of interview. No attorney, just followed the directions very carefully. 

You did a great job, pat yourself on the back. The paychecks direct deposited to US accounts, the tax returns ,  a permanent US address and your expiring China work contract all pointed to you coming back to US .


But Marriage or not on this trip, I wish you a Happy Honeymoon and Good Visit 

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2 hours ago, ryan3434 said:

We didn't buy a return flight right away because there were so many uncertainties about our situation. Can I ask what flight that is that connects in Doha? I don't see any such thing. Thanks!!

 

 

 

It is a bit useless to search without knowing departing airport and destination, but I got this under $2K.  I think you need a travel agent, assistance to find flights.  Save the energy of asking for an extension (will not be approved), and find a way to fly out. 

This is New York to Shanghai, August 25 to Doha, then leaving the 27th to Shanghai.  

 

flight.thumb.JPG.e00d2f7a17212d33f5f04cecc41b9f7e.JPG

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Filed: Citizen (apr) Country: Russia
Timeline

Google flights is a great flight search engine, highly recommend (you can play around with dates too).

Timeline:

Spoiler

AOS Journey:

Spoiler

 

08/19/2016 - day 0 - I-485, I-130, I-765 sent to USCIS office in Chicago (PD: 08/23/2016)

08/31/2016 - day 9 - electronic NOAs received via text and email, check is cashed.

09/08/2016 - day 17 - biometrics appointment notice received in the mail (appointment date 09/19/2016).

09/13/2016 - day 22 - early biometrics walk in.

10/28/2016 - day 67 - EAD status changed to "New Card Is Being Produced".

11/16/2016 - day 87 - EAD card received in mail.

06/27/2017 - day 309 - contacted the congressman office.

07/28/2017 - day 340 - finally received an interview appointment in mail (online status has not changed).

08/31/2017 - day 374 - Interview; I-485 status changed to 'New Card Is Being Produced'

09/08/2017 - day 382 - greencard received in mail

I-751 & N400 Journey:

Spoiler

06/20/2019 - day 1036 - ROC packet mailed (PD: 06/21/2019)

06/29/2019 - day 1045 - NOA/Extension letter received in the mail (new GC expiration date is 2/28/2021)

01/17/2020 - day 1256 - biometrics appointment

06/03/2020 - day 1382 - N400 filed online (PD: 06/04/2020)

02/01/2021 - day 1626 - Biometric Reuse notice uploaded to my online account

02/08/2021 - day 1634 - Interview Appointment notice uploaded to my online account

03/16/2021 - day 1670 - N400 Interview - passed; due to I-751 stuck in another office 'No decision can be made at this time'

06/01/2021 - day 1747 - with help of Sen. Sanders' office, I-751 file finally forwarded to St. Albans field office

06/28/2021 - day 1774 - I-751 status changed to 'New Card is Being Produced'; N400 status changed to 'Oath Ceremony Will Be Scheduled'

08/19/2021 - day 1826 (exactly 5 years since day 0) - Oath Ceremony (notice received on 7/19/21)

 

 

 

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