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Mediaman89

Whoops, I hope this can be fixed! AOS - GC ???

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Please help, any and all information would be great!

My wife is from Mexico, she has here B1 card and passport. I am from Utah. Here is the predicament we are in. We had all our documents approved in Juarez, Mexico and then returned to Baja Mexico and waited for the k1 visa and other documents to arrive. Once they came we re-entered the country in San Diego on the k1,"which is a one time entry" went back to utah, got married civilly and returned back to Mexico for a large religious wedding with all our family. We did not apply for our AOS or GC right away, due to another large wedding already planned. We are in limbo still in Mexico trying to figure out what we need to do or if she can come back into the country? She still has her passport and B1 card even though the K-1 visa is one time entry which we used...

Please any information would help. We have done hours of research and can't find anything regarding our case.

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You need to file now for a spousal visa CR-1. You can no longer adjust status in the US from the original K-1.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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If she still has a valid B1 visa, then yes she can still visit the US. However, her entry is not guaranteed and there is a chance she could be denied entry. You can start the process here in the US or there in Mexico, it doesn't matter.

You are basically starting the visa process all over again from scratch. Read this guide on spousal visas to help you get started: http://www.visajourney.com/content/i130guide1


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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Oh man! That's unfortunate! But yes... you might probably have to start the CR1 process... she could try to get into the US with her other visa... but I'm not sure the chances of actually getting in might be too good, plus there's always the implications of what would happen is she is denied entry and how would that affect a CR1... so... you're in quite a pickle my friend. :S Ánimo! You might want to have a little conversation with a lawyer. If only you could have received the AP card before going to the wedding in Mexico...


*** See timeline for further info :dancing:

Lifting Conditions Event Date CIS Office : California Service Center Date Filed : 2016-12-04 NOA Date : 2016-12-08

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File an I-130 seeking a CR-1 immigrant visa for your wife. Her B-1 may have already been invalidated when the K-1 was approved.

It will take around a year for her to receive her CR-1. As others have said, it was a poor decision to depart the US without AP, since you essentially wasted the time + effort + money you put into getting the K-1 in the first place.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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I'm curious why you left the USA if you knew the K1 was a 1 time entry deal? I hope you get it sorted out.


View my K1 -> ROC Timeline

*Filed I-129F - 21st October 2011* *Applied for SSN - 8th June 2012* *Filed I-751 (arrived) - 26th March 2015

*NOA1 - 28th October 2011* *Filed for AOS, EAD & AP - 26th June 2012* * Check cashed - 30th March 2015
*NOA2 (no RFE) - 26th January 2012* *AOS, EAD, & AP arrive at Chicago Lockbox - 28th June 2012* NOA1 - 26th March 2015 (arrived 3/4/15)

*Packet 3 sent - 27th February 2012* *Email notification of receipt - 3rd July 2012* *No biometrics letter - Service Request submitted 5/4/15
*Medical - February 28th 2012* *Check cashed - 7th July 2012* *Still no biometrics letter - 2nd Service Request submitted - 8/6/15
*Packet 4 received - 17th March 2012* *NOA1 for AOS, EAD & AP - 9th July 2012* *Biometrics in Aurora, CO - 8th July 2015*
*Interview in London - 5th April 2012. APPROVED!!!* *Biometrics in Philadelphia (Drummond Road)- 7th August 2012*
*POE Newark, NJ - 16th May 2012 *Biometrics walk in at Philadelphia (Drummond Rd) - 25th July 2012*
*K1 process took 160 days* *Case Transfered to California Service Centre - 26th July 2012*
*SSN DENIED! - 17th August. 10 weeks after I applied!!*

*EAD/AP Approved - 28th August 2012* 59 days
*Married! - 1st June 2012* *EAD/AP card in hand - 1st September 2012*
*EAD/AP card in hand - 1st September 2012*
* Re-applied for SSN - 14th September 2012*
*Put in service request at 8mo/3days wait - 19th March 2013*

* AOS Approved!!! - 1st May 2013* Exactly 10 months after applying.

*Green card in hand - 6th May 2013


2yrdn5s0q.png

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Yes it wasn't a smart move but we already had the wedding planned and both sides of

Our famies booked hotels, flights, rental houses etc. We didn't know the K-1 was a one time entry until after we left, we had tunnel vision on the wedding. So is it 100% sure her other stuff was cancelled out and we can't use her B1 card or anything else. Thanks for all the help and replies.

Yes it wasn't a smart move but we already had the wedding planned and both sides of

Our famies booked hotels, flights, rental houses etc. We didn't know the K-1 was a one time entry until after we left, we had tunnel vision on the wedding. So is it 100% sure her other stuff was cancelled out and we can't use her B1 card or anything else. Thanks for all the help and replies.

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Ouch! I just hate reading stuff like this. :alien:

I hope you get it all worked out & please, pay attention to details next time.

Edited by Marco&Bettina

ROC Timeline!

Service Center : California Service Center

NOA1 : 2017-09-01

Biometrics : 2017-09-28

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA1 : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

EAD/AP Card Received : 2015-03-27

NPIW : 2015-06-11

AOS Approved : 2015-11-24

GC Received : 2015-12-01

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

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There is no chance of her being eligible to enter under the B1. She will be denied at the port of entry. She has no intention of departing the US once entered on the B1. If she does enter and try to adjust status she has committed visa fraud and will be deported. There is no possible way for them to justify that she entered the US temporarily when she recently entered on a K1.

The only option now is the CR-1 which will need to be filed from Mexico.


My AOS Journey

11/11/14 - POE

12/12/14 - Married

12/15/14 - AOS/EAD Submitted

12/22/14 - NOA 1

01/13/15 - Biometrics

03/20/15 - Notice Of Potential Interview Waiver Received - 6 Month Delay

09/21/15 - NPIW Expired

10/16/15 - Service Request 1 submitted - Local office past my case

10/17/15 - Service Request Response - Currently being adjudicated, No timeline. Please wait

10/19/15 - Contacted Local Congressman. Request Submitted

11/19/15 - Response from congressman. Currently being adjudicated. Please wait. No Timeline

11/27/15 - Letter from Local Field office requesting missing I-693.

12/21/15 - Infopass Appointment regarding notice - I-693 not required for K1 Visa. Officer stated he would request local officer to contact me

12/22/15 - 1 Year since NOA 1

01/06/16 - Service request 2 submitted

01/19/16 - Interview Appointment Received

02/09/16 - Interview - APPROVED

02/12/16 - Green Card In Hand

12/26/17 - ROC Submitted

01/08/18 - ROC NOA1 Recieved

 

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Although, to be an optimist.

I have heard of people on here who've done a similar and been paroled in at the PoE with a set time frame to get their AoS sorted.

Wasn't there a couple about a year ago who went to Korea or somewhere near there to partake in a mass moonie ceremony who hadn't adjusted before they left?

She was paroled in even though the general consensus here was that she wouldn't be.

I wouldn't count on it happening but US immigration does work in mysterious ways sometimes.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Although, to be an optimist.

I have heard of people on here who've done a similar and been paroled in at the PoE with a set time frame to get their AoS sorted.

Wasn't there a couple about a year ago who went to Korea or somewhere near there to partake in a mass moonie ceremony who hadn't adjusted before they left?

She was paroled in even though the general consensus here was that she wouldn't be.

I wouldn't count on it happening but US immigration does work in mysterious ways sometimes.

I'd forgotten about the moonie ceremony! I don't recall all the specifics, but I do think it was similar. Or maybe theirs was more of a K1 vs CR1 issue? I think i forgot the details in all the other craziness.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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Although, to be an optimist.

I have heard of people on here who've done a similar and been paroled in at the PoE with a set time frame to get their AoS sorted.

Wasn't there a couple about a year ago who went to Korea or somewhere near there to partake in a mass moonie ceremony who hadn't adjusted before they left?

She was paroled in even though the general consensus here was that she wouldn't be.

I wouldn't count on it happening but US immigration does work in mysterious ways sometimes.

You mean this case? > http://www.visajourney.com/forums/topic/480862-left-the-country-while-advance-parole-and-aos-were-still-pending/

That case is not the same though. They had already filed for AOS and AP, and had an active I-130. They had even filed for an emergency AP that was denied. The CBP officer temporarily paroled them back in for deferred inspection. They were luckily and graciously allowed to refile the I-485, since the first one was abandoned when they left the country without AP or a green card.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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