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Jimbob89 Contributor

Jimbob89   1

Posted
Filed: AOS (pnd) Country: Scotland
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Posted

Hi guys!

I was looking for a little advice...

I have had a K1 granted and me and my fiancee move to the states Sept 1st. We marry Nov 11th and it looks as though I cannot apply for my AOS until after the wedding. I have read that the AOS can take up to 3 months to be processed and approved. This is making me unemployed for around 5 months.

We have both been offered back to work on a cruise line after the wedding. The only reason I would do this is so I am not unemployed for 5 months and the idea was to hopefully be able to do that until my AOS was sorted. Is this possible?

I also read somewhere that you can only apply for advance parole after your married and it can take up to 80 days to be granted, therefore, it would be a waste of my time!

I know this is all a little vague but I'm sure someone can give me an answer :)

Thanks!

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TBoneTX Grand Master

TBoneTX   43,058

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

*** Thread is moved from the K-1 Process forum to the AOS/Family-Based main forum -- query involves that phase. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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gregcrs2 Proficient

gregcrs2   1,777

Posted
Filed: Citizen (apr) Country: Ukraine
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Posted

No, it will not work out for you. You need Advance Parole prior to leaving the USA if you want to get back in.

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KayDeeCee Grand Master

KayDeeCee   4,891

Posted
Filed: Citizen (apr) Country: Mexico
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Posted

You need the EAD to work and the AP to travel and re-enter the US while waiting for your green card. You cannot leave the US without the AP or your green card first, or your eligibility to AOS will be lost and you would have to start over with a spousal visa to re-enter the US again later.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Unidentified Mentor

Unidentified   2,930

Posted
Filed: Citizen (apr) Country: Sweden
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Posted

Hi guys!

I was looking for a little advice...

I have had a K1 granted and me and my fiancee move to the states Sept 1st. We marry Nov 11th and it looks as though I cannot apply for my AOS until after the wedding. I have read that the AOS can take up to 3 months to be processed and approved. This is making me unemployed for around 5 months.

We have both been offered back to work on a cruise line after the wedding. The only reason I would do this is so I am not unemployed for 5 months and the idea was to hopefully be able to do that until my AOS was sorted. Is this possible?

I also read somewhere that you can only apply for advance parole after your married and it can take up to 80 days to be granted, therefore, it would be a waste of my time!

I know this is all a little vague but I'm sure someone can give me an answer :)

Thanks!

The actual Adjustment of Status can take way more than 3 months, more likely a year. You can apply for work and travel authorization which takes about 90 days.

If you go on that cruise line after filing for AOS but before even receiving work and travel permission your Adjustment of Status application will be automatically be seen as abandoned and denied and you will have to start over with a spousal visa.

You sound surprised that you are going to be unemployed for some time in the US. Did you not read up on the K1 process? Sounds to me you should have gone with spousal visa as you would have been able to work upon arrival to the US.





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Jimbob89 Contributor

Jimbob89   1

Posted
Filed: AOS (pnd) Country: Scotland
 Timeline
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Posted

I am not surprised in the slightest about my time not being able to work. I was just looking to see if I had any options as this opportunity presented itself.

We left the cruise line in order to get the visa process going and live in the real world and move to the US. Now that we have the ball rolling with that and have gotten this far, we have no intention of going back if that will destroy that.

Thanks for all the helpful replies! :)

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