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Tourist Visa Marriage

#1 WilliamGuy

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Posted 09 July 2008 - 11:39 AM

Hey folks!

I am a U.S. citizen and married my wife who came here on a Tourist visa after about 60 days of her entry into the U.S. We filed an AOS through my lawyer for the greencard, work authorization, and so advance parole. I was just wondering if anyone knows how long it takes to get the interview and someone who has a similar circumstance iin the current timeframe would be greatly appreciate it. We filed in the beg. of May and got our notices in late May 2008. Any other advice and tips would be greatly appreciated.

Thanks,
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#2 Matt and Sarah

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Posted 09 July 2008 - 12:06 PM

AOS on a tourist visa? huh.gif And you have received NOA's from your filing? Are you saying that she is still here in the US and you are filing for an AOS to her Tourist visa? We need more info/timeline from you. I'm no K-2/K-3 expert since we filed for K-1 and got married here, but this can be really risky...please read the Guides where it talks about adjusting status after you are married and both remain in the US:


You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.
The above conditions are serious and can result in the separation of families for many years if not taken serious

Edited by Matt and Sarah, 09 July 2008 - 12:07 PM.

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K-1 AOS
02/03/06: Met in Mexico!
04/25/08: Sarah entered US @ Dallas POE - NO PROBLEMS!
05/23/08: Applied for SS#
05/23/08: Marriage License
05/30/08: Received SS card
06/07/08: Wedding
06/20/08: Applied for new SS# with married name
06/27/08: Received new SS card with married name
06/30/08: I-485 AOS packet sent to Chicago
07/01/08: I-485 AOS packet received by CHIBA/RECEPTION (1 day)
07/08/08: I-485 check cashed by USCIS (9 days)
07/11/08: Received NOA's - 4 letters - I-485 NOA, EAD NOA, AP NOA, Biometrics Appt. (12 days)
07/29/08: Biometrics Appt. 11am (30 days)
07/29/08: I-485 Application transferred to CSC (30 days)
08/04/08: Received Transfer Notice in mail from CSC (36 days)
09/03/08: Touched - Email - I-485 AOS Card Production Ordered (66 days)
09/04/08: Touched - Email - Notice mailed welcoming new permanent resident (67 days)
09/04/08: Received AP in the mail (67 days)
09/05/08: Touched - Email - EAD approved (68 days)
09/08/08: Received EAD in the mail (71 days)
09/09/08: Touched - Email - I-485 AOS Approval Notice Sent (72 days)
09/09/08: Received notice in the mail welcoming new permanent resident (72 days)
09/10/08: Received GREEN CARD in th email (73 days)

#3 WilliamGuy

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Posted 09 July 2008 - 12:15 PM

I'm just making the adjustment to her status from a tourist visa to an immigrant visa. Yes we have received her NOA's. We had NO intention of getting married before she came here, she was actually introduced to me through a family friend. I want to know if someone had any similar experiences.

Edited by WilliamGuy, 09 July 2008 - 12:16 PM.

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#4 latoslatos

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Posted 09 July 2008 - 01:07 PM

No need to panic. If she didn't intend to come solely to marry you on her tourist visa, you may adjust status. It appears you've already engaged a lawyer, so that's good as he'll take care of the necessary documents. Depending on your district office, the average time between filing and receiving your permanent residency card is 1-year.
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AOS-EAD
11/03/2006- Married in Queens, New York
05/16/2007- Completed medical I-693 in DC
06/12/2007- 485, 130, 864, 765 et al. sent via FedEx
06/13/2007- Delivered at Chicago's lockbox
06/18/2007- NOA1 (485, 130 and 765)
07/13/2007- Biometrics Appointment in Alexandria, Virginia - ASC
08/24/2007- 765 card production ordered
03/21/2008- Interview letter received
05/07/2008- Greencard Interview, Fairfax, Virginia Click here for review.
05/07/2008- AOS Approved as a Conditional Permanent Resident. I-551 ADIT stamp issued at the interview.
05/20/2008- Greencard received in the mail


Removal of Conditions (Divorce waiver)
03/18/2010 - 751 mailed to USCIS Vermont Service Center
03/22/2010 - NOA, 1-year greencard extension
04/16/2010 - Biometrics
04/19/2010 - Touch
06/22/2010 - 751 Approved with no interview Click here for list of evidence and review.

07/03/2010 - Greencard received

 

Naturalization

10/17/2013 - N400 sent in mail
10/23/2013 - NOA and check cashed
11/19/2013 - Biometrics

03/10/2014 - Naturalization interview and same-day oath. I am U.S. Citizen

 


#5 EstebanTrabajos

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Posted 09 July 2008 - 01:50 PM

QUOTE (latoslatos @ Jul 9 2008, 12:07 PM) <{POST_SNAPBACK}>
No need to panic. If she didn't intend to come solely to marry you on her tourist visa, you may adjust status. It appears you've already engaged a lawyer, so that's good as he'll take care of the necessary documents. Depending on your district office, the average time between filing and receiving your permanent residency card is 1-year.


I thought the average time was 6 months, anyway yes you can adjust status, no doubt about that. Good Luck!
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05/01/08 Green Card in mailbox!!
06/05/10 Real GREEN Card RECEIVED!
01/17/13 Sent application for US Citizenship!!!
01/19/13 Arrived to Arizona Lockbox
01/24/13 Notice of Action
01/25/13 Check cashed
01/28/13 NOA received by mail and biometrics letter mailed as per uscis.gov
02/14/13 Biometrics appointment
03/18/13 In-line for inteview

#6 proud_armywife24

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Posted 09 July 2008 - 02:44 PM

Hi WilliamGuy,

Eventhough I filed my AOS late March...I did came on a B2, met my husband got married a year later n file to adjust my status...if you check out my signature you can have an understanding of the timeline n how long it takes.I've received my Interview Letter exactly 4 months after we filed n I estimated another 1 month if approved to recieve my GC so all together the average filing is 6-9 months,some less, some more, as I said all cases are different! my thoughts to you is gather all the imperative documents to prove to USCIS that ur wife had no intent to immigrate on a visitors visa as her intent may or may not be question at the interview so always be prepared.....My interview in on the 29th so I will keep you abreast!!

P.S you mentioned that u hired a Lawyer.. We did our paperwork all by ourselves...no lawyer!

Hope this helps...n good luck to you on ur journey biggrin.gif !!
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.........AOS JOURNEY.........
03.25.2008 Sent AOS/I-130 package
03.27.2008 Package recieved at Chicago Lockbox
03.28.2008 Priority Date

04.07.2008 Recieved all 3 NOAs
04.09.2008 All checks cashed
04.18.2008 AOS touched/EAD touched
04.22.2008 Received RFE for I-864EZ
04.23.2008 Sent RFE back
04.24.2008 Delivered at Lee's Summit, MO
04.26.2008 Bio appointment DONE!

05.01.2008 Update: RFE recieved & case resume
05.02.2008 AOS touched
05.05.2008 EAD touched
05.07.2008 AOS touched
06.03.2008 EAD Card production ordered (CRIS)
06.05.2008 EAD Approval notice sent (CRIS)
06.07.2008 EAD in mail/Interveiw Letter recieved
06.09.2008 Applied for SSN
06.24.2008 SSN recieved
07.29.2008 Initial Interview: Denver @ 7:30am : APPROVED
07.31.2008 I-130 Touched for the first time
08.05.2008 Welcome Letter & I-130 approval notice recieved
08.12.2008 GC recieved
08.14.2008 Celebrate my 25th Bday...GC is the perfect Bday gift : )

09.01.2008 Hubby gets deployed for 12 months : (

04.29.2010 Removing condition

Note:I recieved Interview Letter in EXACTLY 4 months after filing!!
Total days of filing to approval: 124 days
Posted Image

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#7 WilliamGuy

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Posted 09 July 2008 - 07:19 PM

Thanks for all the info - I really appreciate it. You got your Biometric appointment so fast. I haven't got a notice for mine at all.
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#8 Lil Miss Sunshine

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Posted 09 July 2008 - 11:26 PM

hi.. i also came here on a tourist visa and adjusted status from that after getting married.. please refer to my signature.

we also didn't hire a lawyer. we just refered to the guidelines provided by VJ and everything went ok.

good luck to you smile.gif
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Removal of Conditions

Sent packet ........................ March 3 2010
NOA1 ............................... March 5 2010
Biometrics ......................... April 20 2010
Approved ........................... May 12 2010
Got GC in mail ..................... June 11 2010



#9 bluegreen

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Posted 11 July 2008 - 09:18 PM

me too - timeline below:) 4.5 months from filing-approval.
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Concurrent I-130 and AOS

Nov 30 2007 - I enter US as a tourist to spend the ski season with my sweetie and figure out what we both want outta life - we plan on ending up in Canada, but...
Jan 30 2008 - We get married in Vegas! We decide to stay in the US.
Feb 08 2008 - File I-130, I-485, AP and EAD
Feb 11 2008 - Package arrives in Chicago
Feb 19 2008 - Receive NOA 1 for everything except I-485. NOA date Feb 15th
Feb 19 2008 - Touch I-130, AP, EAD
Feb 21 2008 - Receive I-485 NOA 1. NOA Date Feb 15th
Feb 22 2008 - Receive Biometrics notice, dated Feb 20th, for appointment March 11th
Feb 27 2008 - Walk in to Denver field office and have Biometrics taken early as the 11th March I'll be away
Apr 16 2008 - EAD card production ordered
Apr 16 2008 - AP approval sent
Apr 21 2008 - AP received in mail
Apr 21 2008 - EAD card production email received again - strange
Apr 24 2008 - EAD card approval notice sent email
Apr 26 2008 - EAD card received
May 03 2008 - Interview notice received -June 27th
May 22 2008 - Touch on I-485
June 09 2008 - I-130 finally shows up online and shows a touch that day, so does I-485
Jun 27 2008 - Interview - approved, stamped, received card production email. Ya-hoo!!!!
July 10 2008 - Card received

Total time from filing - approval: 4.5 months

MOVED TO SAN DIEGO!!

Lifting of Conditions

June 11 2010 - Package mailed
June 16 2010 - NOA date
July 2 2010 - Bio letter received - July 27th date
July 9 2010 - Early biometrics walk in San Marcos CA
Sept 16 2010 - Card production ordered

#10 devhijhay

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Posted 18 July 2008 - 02:19 PM

QUOTE (bluegreen @ Jul 11 2008, 10:18 PM) <{POST_SNAPBACK}>
me too - timeline below:) 4.5 months from filing-approval.



wow, your processing went really fast! I hope mine would too. I came on a B-2 Visa to visit last Feb and ended getting married just this month! smile.gif

USPS just emailed me that they delivered my I-130 and I485 package to Chicago Lockbox this morning.
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#11 sweetpiano

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Posted 19 July 2008 - 10:21 AM

Check out my timeline, I"m adjusting from a B1/B2 as well. The RFE slowed me down a month. Still waiting...
Best of luck to you!
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10-Apr-08...Filing date for I-130/AOS/EAD/AP
02-May-08...Biometrics
31-Jul-08...EAD Card received
15-Sep-08...Interview (APPROVED)
27-Sep-08...GC received
03-Aug-10...Filed I-751 (Removal of Conditions)
06-Aug-10...NOA 1-yr Extension Letter
10-Sep-10...Biometrics
02-Dec-10...ROC approved! (Card production ordered)

#12 Maty

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Posted 19 July 2008 - 12:46 PM

QUOTE (sweetpiano @ Jul 19 2008, 10:21 AM) <{POST_SNAPBACK}>
Check out my timeline, I"m adjusting from a B1/B2 as well. The RFE slowed me down a month. Still waiting...
Best of luck to you!


Hi,
if you dont mind me asking. You got an RFE for what?
Thanks.
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#13 sweetpiano

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Posted 19 July 2008 - 07:45 PM

The RFE was related to the evidence we submitted for the I-864. My husband and I worked abroad last year, and even though we submitted tax returns to the IRS for 2007, it was based on foreign earned income, and naturally we did not have any W-2's. The USCIS did not bother to look closely at our tax return, they automatically RFE'd us for W-2's. Anyway we sent them the foreign equivalents of W-2. Hopefully this will be good enough.

The other thing they RFE'd was more evidence of my husband's income. Initially we sent an official employment form (not a letter) from his job (which specified income), but it was too complicated for USCIS to decipher, so they asked for an employment letter. Here it was our mistake, we totally forgot about the employment letter my husband received by email over 8 months ago, it was sitting somewhere in our computer and we totally forgot about it. So we sent them that. Plus they wanted 6 months of paystubs - my husband started this job in February 2008, so initially we only sent 2 paystubs. You can see from my signature that we waited until the end of May to respond to the RFE in order to accumulate more paystubs, we sent a total of four, the initial 2, plus two more. Hope this is good, otherwise they'll have to keep RFE'ing us for more paystubs.

So in all it was a combination of our mistake (we forgot that we had the employment letter) and their incompetence? lack of willingness? to look closer into the details of our case and realize we don't have any W-2 for foreign income and that we don't have 6 months worth of paystubs, since the job only started in February (which was clearly stated in the G-325A).

My lesson from the RFE is that it's important to read between the lines to understand what they want, because sometimes their RFE letters can be contradictory. Here's an example from mine:

"The sponsor's income on the tax return does not meet or exceed 125% of the poverty guideline. The sponsor lists their current income on Form I-865 as an amount to be considered as sufficient; however no evidence has been submitted as proof of current income."

The two sentences contradict themselves. My husband's income exceeds the poverty guidelines, so we just ignored the first sentence and answered the request in the second sentence.

Thanks for reading my rant. Here's a couple of files, hope you find them useful.

Attached Files


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10-Apr-08...Filing date for I-130/AOS/EAD/AP
02-May-08...Biometrics
31-Jul-08...EAD Card received
15-Sep-08...Interview (APPROVED)
27-Sep-08...GC received
03-Aug-10...Filed I-751 (Removal of Conditions)
06-Aug-10...NOA 1-yr Extension Letter
10-Sep-10...Biometrics
02-Dec-10...ROC approved! (Card production ordered)

#14 devhijhay

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Posted 20 July 2008 - 09:16 AM

QUOTE (sweetpiano @ Jul 19 2008, 08:45 PM) <{POST_SNAPBACK}>
The two sentences contradict themselves. My husband's income exceeds the poverty guidelines, so we just ignored the first sentence and answered the request in the second sentence.


I agree when you say confusing! Paranoia kicks in from the time you start reading the instructions! tongue_ss.gif My I-94 grants me to stay until mid-August so people were telling me to just send everything I have right away.

I'm still confused on one's legality to stay after you submit these things. Can anyone clarify that?

Thanks!

Edited by devhijhay, 20 July 2008 - 09:17 AM.

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#15 sweetpiano

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Posted 20 July 2008 - 10:48 AM

QUOTE (devhijhay @ Jul 20 2008, 10:16 AM) <{POST_SNAPBACK}>
I'm still confused on one's legality to stay after you submit these things. Can anyone clarify that?

After you submit the AOS and petition package, you should receive receipts from USCIS for each form you sent, they are called "Notice of Action" and they are the proof of your status in the US after your I-94 expires. Your status will be called "pending Adjustment of Status" and you can stay in the US legally until a decision has been made in your case.
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10-Apr-08...Filing date for I-130/AOS/EAD/AP
02-May-08...Biometrics
31-Jul-08...EAD Card received
15-Sep-08...Interview (APPROVED)
27-Sep-08...GC received
03-Aug-10...Filed I-751 (Removal of Conditions)
06-Aug-10...NOA 1-yr Extension Letter
10-Sep-10...Biometrics
02-Dec-10...ROC approved! (Card production ordered)



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