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lyraandmia

AOS on Visa Waiver Program

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Hi everyone!

Thanks in advance to anyone willing to dispense some advice on my issues :)

I'm not sure where to I should post this so I hope I chose the right forum.

Anyway, here's some background on my situation:

My husband is US citizen, and I visited him in 2014 on a VWP. At the time we decided to obtain the K3 Spouse visa for me so we filed the I-130 and the I-129F sometime in November, and I left the US in December. Since then we've received NOA1 for both applications. And some time in May 2015, we received a RFE for our I-129F.

Currently, I'm back in the US on a VWP, and I have a return ticket back home for some time in July. However, after much discussion, we realized that it's a real strain for us to be apart and we are considering doing an AOS while I'm still here. We still have not gotten the NOA2 for our I-130, the USCIS website just says that they've received it and that's about it. It's been 6 months now and we're trying to stay calm.

My questions are:

1. Is it possible to file for AOS on VWP?

2. Can we file the AOS forms if our I-130 has not been processed yet?

3. Should we submit the RFE for the I-129F in the mean time?

4. I read on some other threads that scheduling an Infopass might be helpful. Has anyone who had experience with this give some input?

5. I've been doing all the paperwork myself so far, would it be helpful to obtain the services of a lawyer at this point?

Thanks again for your help!

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The I-129F petition is for an alien fiance. Why did you file that if you're already married? And why at the same time as the I-130?


The K1 journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request

05/21/2015 - Interview - Approved.

06/19/2015 - Wedding (L)

The K1-AOS journey:

06/22/2015 - AOS packet mailed to Chicago Lockbox

11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

The K2-AOS journey:

03/04/2017 - AOS packets mailed to Chicago Lockbox

09/26/2017 - Email notifications - both cards in production! AOS approved with no interview (EAD and AP already approved)

 

The ROC journey:

10/12/2017 - ROC packet mailed to VSC

 

JOrOp1.png

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Hmm, I am clearly not knowledgeable enough on this - from all I have read, the I-129F is for fiances, and I'm not familiar with the spousal visa as it didn't apply to me. I have seen multiple times though that the K3 visa is now rarely used and most people just file for the IR-1/CR-1 visas. Either way, these are visas for non-US spouses to travel TO the US. If you filed while residing in the US, it seems to me you should have applied directly for AOS...

I may be totally confused here, so I'm hoping someone with more knowledge and experience will step in and help out - sorry I can't do more...

(In the meantime, go look at the Guides at the top of the page - hopefully they'll help you.)


The K1 journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request

05/21/2015 - Interview - Approved.

06/19/2015 - Wedding (L)

The K1-AOS journey:

06/22/2015 - AOS packet mailed to Chicago Lockbox

11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

The K2-AOS journey:

03/04/2017 - AOS packets mailed to Chicago Lockbox

09/26/2017 - Email notifications - both cards in production! AOS approved with no interview (EAD and AP already approved)

 

The ROC journey:

10/12/2017 - ROC packet mailed to VSC

 

JOrOp1.png

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Yeah all the nitty gritty stuff can get real confusing :/

We couldn't file for the AOS at the time because I had to leave the U.S. and handle some stuff back home. So the K3 spouse visa seemed like the next best thing. We were hoping the darn I-130 would be processed before the l-129F so that we could opt for the IR/CR1 but it hasn't turned out that way. Frustrating!

But anyway, I'll check the guides again, maybe something new will turn up haha. Thanks SparklePony!

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Pretty straightforward, all in the guides, most people diy.


“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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Usually the two are filed together, I forget what happens when they are filed separately, I would imagine you would need the NOA 1.


“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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Would the I-129F need to be cancelled?


The K1 journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request

05/21/2015 - Interview - Approved.

06/19/2015 - Wedding (L)

The K1-AOS journey:

06/22/2015 - AOS packet mailed to Chicago Lockbox

11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

The K2-AOS journey:

03/04/2017 - AOS packets mailed to Chicago Lockbox

09/26/2017 - Email notifications - both cards in production! AOS approved with no interview (EAD and AP already approved)

 

The ROC journey:

10/12/2017 - ROC packet mailed to VSC

 

JOrOp1.png

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~Moving to AOS from work, student, tourist visa.~


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Hi there! Your situation sounds similar to mine, except we haven’t applied for it yet.

I called USCIS a few times and emphasized that I’ll be entering with a VWP and not a K3.

They told me I should just apply for the petition and AOS together. Did you try calling USCIS – they may be able to help you or advise you.

I called this number : 1-800-375-5283

I hope this helps! :)

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I may be wrong with how accurate USCIS is apparently :( I'm starting to worry because long distance is taking a strain on us. Back to reading board.

Hi there! Your situation sounds similar to mine, except we havent applied for it yet.

I called USCIS a few times and emphasized that Ill be entering with a VWP and not a K3.

They told me I should just apply for the petition and AOS together. Did you try calling USCIS they may be able to help you or advise you.

I called this number :1-800-375-5283

I hope this helps! :)

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USCIS is called the misinformation line for a reasob. However you can file the i-485 and all the other petitions with a photocopy of the i-130 NOA1.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Rene closed out a thread which involved "ten foot pole" issues in which the thread originator took offense that posters here would not publicly advise on how to evade the immigration laws.

I believe that posters here are aware THEY can be charged for rendering advice which can be construed as how to evade or break the law. In a different context, the case of Causey v USA is of interest.

Back in the 80's, my good friend Dale Schwartz was indicted for giving advice and guiding what a cowboy US Attorney considered to be immigration fraud. The indictment was ultimately dismissed. However, Dale had engaged in what was considered standard practice -- which was considered perfectly legal until a prosecutor decided it was not.

BTW, my initial participation in this forum started out in 1998 on this very issue.

__________________

No advice is given nor intended by any of Mr. Folinsky's posts on this forum.

I may be an attorney, but I'm not your attorney.

This ia an interesting addition to the subject, ten foot pole, VWP Express etc.


“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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Hi everyone!

Thanks in advance to anyone willing to dispense some advice on my issues :)

I'm not sure where to I should post this so I hope I chose the right forum.

Anyway, here's some background on my situation:

My husband is US citizen, and I visited him in 2014 on a VWP. At the time we decided to obtain the K3 Spouse visa for me so we filed the I-130 and the I-129F sometime in November, and I left the US in December. Since then we've received NOA1 for both applications. And some time in May 2015, we received a RFE for our I-129F.

Currently, I'm back in the US on a VWP, and I have a return ticket back home for some time in July. However, after much discussion, we realized that it's a real strain for us to be apart and we are considering doing an AOS while I'm still here. We still have not gotten the NOA2 for our I-130, the USCIS website just says that they've received it and that's about it. It's been 6 months now and we're trying to stay calm.

My questions are:

1. Is it possible to file for AOS on VWP? Yes, lots of people have successfully gain their green cards after filing for AOS on the VWP.

2. Can we file the AOS forms if our I-130 has not been processed yet? Yes, just include the NOA1 from the I-130.

3. Should we submit the RFE for the I-129F in the mean time? No since you no longer need the K-3 visa. However, the issue may follow you for the AOS so figure out what is needed and get it.

4. I read on some other threads that scheduling an Infopass might be helpful. Has anyone who had experience with this give some input? You can go but you are they can not give you legal advice on how or what to file (that's your job or your lawyer's job to figure out).

5. I've been doing all the paperwork myself so far, would it be helpful to obtain the services of a lawyer at this point? Your choice. This is a DIY site. Most of us have done it successfully without a lawyer. You will need to decide for yourself if you need a lawyer or can spend the time and energy to do it yourself.

Thanks again for your help!

Hi,

AOS from the VWP is fairly simple. Follow the Guides.

Best of luck.

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