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I have NO idea what I am doing!

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So, I thought I was well organized and that we had figured out our plan- but now I'm not so sure.

I'm from Canada and my SO is from USA. We want to get married within the next few months and for me to move to where he is. We were under the impression that I could enter USA with him in november, we get married, file I-30 (along with G-325A, then I-485) stay while they are processing. I hadn't considered "immigration fraud" until I read it in a thread, I had assumed we would be able to say at the border we were travelling to his home state to get married and file the visas. Would I have to leave immediately after we get married? Is this the correct order of proceeding? I am so lost right now.

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There are numerous threads about this on VJ. It is immigration fraud to enter on a visitor visa with the intent to stay and adjust. Saying as much at the border will get you turned away. Lying at the border is a whole different issue that you don't want to get into with lying to a government official.

The proper way is to have him file the K-1 fiance visa application, wait for it to come through, then move to the US, marry, and stay and adjust status (K-1 is dual intent, so you can stay and adjust). Or get married in either country, then go back to Canada while he files the CR-1 spouse visa paperwork.


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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We got married here in the US - he's from Canada. He went home of course after we got married. We started the paperwork 3 days after we got married.


07/05/13 Married smile.png
USCIS:

07/08/13 I-130 sent
07/09/13 NOA 1
01/02/14 Case Transferred to NSC
01/17/14 Requested Expedite
01/21/14 Expedite approved
01/29/14 NOA 2
01/30/14 I-130 sent to NVC
NVC:

02/11/14 Case received at NVC

02/25/14 Received NVC Case#

02/25/14 Return completed DS-261 (DS-3032)

02/25/14 Received DS-3032 / I-864 Bill

02/25/14 Pay I-864 Bill

02/25/14 Receive I-864 Package

02/26/14 Return I-864 Package

03/12/14 Receive IV Bill

03/13/14 NVC received I-864
03/14/14 Pay IV Bill

03/19/14 Receive Instruction Package

03/19/14 Submitted DS-260

04/10/14 Case Completed at NVC

04/15/14 Interview scheduled (05/30/14)

04/17/14 Date Rec Appointment Letter (Pkt 4)

05/30/14 Interview - APPROVED!

06/04/14 Date IR-1/CR-1 Visa Received

06/04/14 Paid USCIS ELIS Immigrant Fee

06/11/14 Date of US Entry

08/30/14 Received Green Card in mail

LIFTING CONDITIONS:

04/30/16 I-751 sent

05/02/16 ROC packet received at California Service Center

05/02/16 NOA1 (Received 05/13/16)

02/15/17 Case completed - APPROVED

00/00/00 Received Green Card in mail

May 2016 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1K2JoU_2yXD0QBBqRoM6_auTa52wY1gcMiM0YFhs6cYQ/edit?pref=2&pli=1#gid=0

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So I am guessing we need to alter our plan! I definitely do not want to unintentionally do something wrong.

Would the correct order be:

K1/I-129F application (with biographical form, statements of meeting/courting, intent to marry)

move

marry

adjustment form for resident status

has anyone completed these personal statements before? typically how long should they be?

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So I am guessing we need to alter our plan! I definitely do not want to unintentionally do something wrong.

Would the correct order be:

K1/I-129F application (with biographical form, statements of meeting/courting, intent to marry)

move

marry

adjustment form for resident status

has anyone completed these personal statements before? typically how long should they be?

Yes.

There are guides at the top of the VJ page (access this website from a PC if possible...at least a tablet...the phone version will limit your access). There are examples of all of the forms and statements/letters sent with the packet.

The K-1 process is currently taking anywhere from 3 months to a year. They are rerouting applications due to a backlog at TSC. So no telling exactly how long until you would be approved and be able to move to the US (there are also timelines on VisaJourney, so check those out, too).


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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All current I129F cases are being routed to CSC, which has faster processing, depending on the particulars of your case. I should expect, if the same speed continues, and no other difficulties that your case could be handled at the USCIS stage within a few months at max. Then it would be possibly a few more at the embassy stage. You will need to ensure that you are prepared to send your paperwork to the USCIS -- that means making sure you have proof of meeting within two years. Check you the guides for the K1 process, they are certainly valuable in determining everything you need. As for the statement of intent letter, ideally you should follow the examples here at the site and ensure that each of you send it as an originally signed letter (no copies). As far as a statement regarding meeting, that generally refers to the I-129F question 34A, you can write something extremely short or something lengthy. For me and my fiancé, we chose to write a more detailed statement of our relationship which also including meeting within two years and pointed the case reviewer toward the evidence we had supplied to back up that statement.


K-1 - AOS & ROC Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo) 8/13/18 (18 mo)  - Bio: 6/27/18

 

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