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Everything posted by OldUser
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engagement before meeting?
OldUser replied to James T M's topic in K-1 Fiance(e) Visa Process & Procedures
Meet in person, get to know the person in real life and pop the question. Why would you propose to somebody without seeing them? And also, wouldn't your future fiance appreciate the face to face proposal? I'm not aware of any restrictions on USCIS side, you can certainly propose before meeting. You just have to meet before you sponsor fiancé for I-129F. But for your own sake, I'd meet a person few times on different trips before making a proposal. Majority of virtual relationships do not withstand reality... Meeting before proposing will also reduce any suspicion from USCIS that this case is fradulent. Your future fiance may be asked about timeline of events, and proposal before ever meeting is not going to make case stronger. -
She's able to travel now, but she cannot reenter the US on F-1 visa with intention to adjust status as this could be perceived as immigration fraud. Also, any entry to the US on non-immigrant visa is a discretion of CBP. If they find out she got engaged to US citizen, she may be not allowed back in the US and her F-1 visa could be revoked. If she never dated an American, and was planning to leave the US after studies, she could go back and forth to Colombia no issue. The issue arises after engagement or marriage as non-immigrants cannot have immigrant intent.
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Steps for processing
OldUser replied to Underscore U.S.A's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
Typically 15 months to get I-130 approved. So you're getting close. -
You should only marry based on love. New marriage won't add any tangible protective measures. If USCIS doubts your first marriage or accuses you of fraud, they won't care about second marriage. They'll be insisting on proving your first marriage was real before approving anything else. You can't apply for another I-485 while you have conditional LPR status. Getting I-751 approved is the only realisitic path.
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N-400 December 2024 Filers
OldUser replied to OldUser's topic in US Citizenship Case Filing and Progress Reports
Status update is optional. A lot of the times online status does not reflect actual state of affairs. I have the same, biometrics reuse was never a status on my case, though biometrics were reused. -
I-751 evidence years
OldUser replied to oolongtea48's topic in Removing Conditions on Residency General Discussion
I submitted some stuff that I already submitted during AOS, because instructions asked for evidence since beginning of marriage. My I-751 was approved. Each petition / application should be self sufficient and stand on its own. -
I-129F is not a visa, and DS-160 hasn't been filed. So I would check "no"
- 11 replies
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- i797c
- rejection notice
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I-751 evidence years
OldUser replied to oolongtea48's topic in Removing Conditions on Residency General Discussion
What says it? I-751 instructions say you have to submit evidence from start of marriage to current date. -
N400 - Interview scheduled
OldUser replied to Southernboy123's topic in US Citizenship General Discussion
No, those estimates in MyProgress are largely inaccurate. People get "Your case is taking longer than expected" 9 days after filing the case! Others get "7 months to decision" on the day of their oath. There's nothing to be worried about. -
If he does it soon, it would be OK as she's on F-1. Based on what OP describes, she doesn't even travel overseas while on F-1. It's definitely worth discussing, especially how she feels about having a small ceremony here and big celebration in Colombia a while later. I wouldn't wait until her visa expires to propose, this will disrupt her life for 2+ years. Marrying soon means she'll likely get GC sometime in first half of 2026.
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Good day family
OldUser replied to JamesIke's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
Could take months. What was it for I-864? If yes, the case can take many more months after replying to it. -
My understanding, this is relevant to consular processing. E.g. I-130 that was apporoved 2+ years ago cannot be used to obtain immigrant visa unless kept alive with NVC. I'm not aware of such restriction with USCIS when adjusting status. If I-130 got approved, it got approved. As long as you're still married, it can be used for AOS even 5 years later without keeping it alive. As long as one has approval notice for I-130, a copy can be mailed with I-485 to adjust status. Here are data points of somebody going through adjustment with 4-5 year old approved I-130: https://www.lawfully.com/community/posts/does-i130-can-be-expired-after-being-aproved-8HKYtNu7nHhowItPj3LURg==
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Yes, get marriage license and marry her like you'd marry an American lady. As long as you and her are free to marry (e.g. not currently married) you'll be fine. After marriage you'll have to file for her adjustment of status, that's a bunch of forms, roughly $1500-2000. Once she gets GC she can stay in the US indefinitely. She can travel before receiving GC if she pays for advance parole.
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N-400 March 2024 Filers
OldUser replied to Tegs&Lols's topic in US Citizenship Case Filing and Progress Reports
This is normal. N-400 cannot be decided without I-751. Inquiry is not pressuring anybody. The only thing that would force things to happen is a lawsuit, Writ of Mandamus. But typically you won't sue before N-400 interview, unless you want to sue for I-751 decision. For which 21 months is not that surprising. Mine took about this long when thing were faster. To give a perspective, I filed N-400 in December 2024, I-751 was approved in 2023. I'm not expecting decision until November 2025 or early 2026. One year is reasonable for N-400 without pending I-751. Elections are over, there's new administration coming. USCIS priorities are likely going to shift from naturalizing peope fast to other things.' If I filed in March 2024, I'd start worrying after May-June 2025.