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lawyer advises withdrawing i-129f, getting married, and overstaying visitor visa in US

By rich rich in K-1 Fiance(e) Visa Process & Procedures

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Thunderbolt
Thunderbolt

I wish gov would change AOS from B to take minimum 4 to 5 years. People wouldn't do this anymore and would do the proper way.  It wouldn't clog the pipes where people applied and followed the rul

SalishSea
SalishSea

You CANNOT plan to do this.   That is fraud, which I think you’ve been told in previous threads.

Mike E
Mike E

Fire the lawyer.     No need to over stay.     File I-485 at the same time. This grants authorized presence.   https://www.visajourney.com/guides/i130-spouse-inside-usa/  

Mike E Grand Master

Mike E   11,739

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Posted (edited)
On 12/17/2022 at 9:36 AM, rich rich said:

husband and fiance are currently in US.  Lawyer advises they withdraw i-129f, get married, file I-130 instead and overstay fiance's visitor visa in US.

Fire the lawyer.  
 

No need to over stay.  

 

File I-485 at the same time. This grants authorized presence.  

https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

Quote

 

This isn't the first lawyer I've heard give this advice. 

 

 

And it won’t be the last.  I wish they would be disbarred 

Edited by Ontarkie
edited quote to remove youtube link
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Boiler Grand Master

Boiler   45,442

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Certainly an option.

“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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Dashinka Grand Master

Dashinka   24,479

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Very confused.  Husband and fiancé?  Did they enter on the K1?  If so no need to withdraw i129f.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Crazy Cat Grand Master

Crazy Cat   41,806

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Filed: Citizen (apr) Country: Taiwan
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On 12/17/2022 at 9:36 AM, rich rich said:

husband and fiance are currently in US.  Lawyer advises they withdraw i-129f, get married, file I-130 instead and overstay fiance's visitor visa in US.

 

This isn't the first lawyer I've heard give this advice. 

 

 

Without an I-485?  That wouldn't be wise.  How does a husband have a finace??

Edited by Ontarkie
edited quote to remove youtube 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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rich rich Contributor

rich rich   10

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16 minutes ago, Mike E said:

Fire the lawyer.  
 

No need to over stay.  

 

File I-485 at the same time. This grants authorized presence.  

https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

And it won’t be the last.  I wish they would be disbarred 

Lawyer did say in the video to file I-485 as well.  But that still takes time to approve right?  It would have to be approved before the visitor visa expires?

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Crazy Cat Grand Master

Crazy Cat   41,806

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1 hour ago, rich rich said:

Typo, guy, not husband.  Watch the video

I watched the video.  Jim Hacking, the attorney,  is 100% correct, imo!!!!  

 

Hacking said to file an I-130 and an I-485.  He is right since she entered the US legally, with no intent for fraud. 

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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Dashinka Grand Master

Dashinka   24,479

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Just now, rich rich said:

Lawyer did say in the video to file I-485 as well.  But that still takes time to approve right?  It would have to be approved before the visitor visa expires?

No, the I485 does not have to be approved before the current authorized stay expires.

 

What visa did fiancé enter with?

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Crazy Cat Grand Master

Crazy Cat   41,806

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3 minutes ago, Dashinka said:

No, the I485 does not have to be approved before the current authorized stay expires.

 

What visa did fiancé enter with?

B2.  

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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Boiler Grand Master

Boiler   45,442

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She is here for 6 months anyway so not likely she has a job whatever to go back for.

“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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Crazy Cat Grand Master

Crazy Cat   41,806

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5 minutes ago, rich rich said:

It would have to be approved before the visitor visa expires?

No.  She will be granted authorized stay in the US until the I-485 is approved or denied.

"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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Dashinka Grand Master

Dashinka   24,479

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Ok, confusion clearing up.  Since both the USC and intending immigrant are in the US, yes I130/I485 is an option.  It really is up to you, but yes, the I485 takes some time to process, but the applicant is in a state of authorized stay.  There are issues with working and international travel that you have to discuss if you take this route.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Mike E Grand Master

Mike E   11,739

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9 minutes ago, rich rich said:

Lawyer did say in the video to file I-485 as well.  But that still takes time to approve right?

yes. A couple years.  

9 minutes ago, rich rich said:

 


 

It would have to be approved before the visitor visa expires?

No.  

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Crazy Cat Grand Master

Crazy Cat   41,806

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3 minutes ago, Dashinka said:

Ok, confusion clearing up.  Since both the USC and intending immigrant are in the US, yes I130/I485 is an option.  It really is up to you, but yes, the I485 takes some time to process, but the applicant is in a state of authorized stay.  There are issues with working and international travel that you have to discuss if you take this route.

Hacking addressed that in the video. She will miss her brother's wedding.  

"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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