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NPM

Got NOA2 for K1, but in America and wanting to get married

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Hey everybody,

My fiance and I are February filers from TSC. Earlier this month, I came to the U.S. to visit him on my B2 visa. At the POE, I even showed the immigration officer our K1 petition and she let me in, saying "well, you guys seem to be doing everything the right way"; my passport was stamped for a 6-month stay.

A few days after my arrival, our visa gets approved. Our lawyer gets in touch with us and pretty much says there's nothing they can do on this second step of the visa (the consulate part) and says we're on our own - which actually bothers me, because we have discussed things about this stage of the visa before we hired him and it really seemed like he was going to be with us until I got the visa.

Anyways, my biggest problem with doing this stage alone is the Affidavit of Support. My fiance is a retired veteran from the military and has spent the last 4 years going to school, paid for by the military. Which means his income was not taxable and therefore we don't have the last 3 years of tax returns they require. Yes, we are using his sister as a co-sponsor, but I'm still afraid that the fact he doesn't have any tax returns will be a big problem, since he's the primary sponsor. He has a job since last June and it pays well, but I know a few months won't do much.

The thing is, I'm here right now. I was allowed 6 months in here. We're not too eager about separating again and not knowing when are we gonna see each other again.

We're thinking about getting married and adjusting my status. I know it sounds crazy.

But if you think about it, you're considered to have committed visa fraud if you come into this country on a non-immigrant visa with the intention of becoming an immigrant. That's not my case. When I got in, I had all the intention to go back to my country and go to the interview in the consulate.

So is it really that bad?

It just feels like everything is so good right now, why would I leave.

I don't know, I'd really like some opinions from everybody here, if possible. We're considering speaking to another lawyer about this, I just don't know any good ones around here yet.

Also, I do realize the Affidavit of Support that I fear so much would still be a problem if I married him and adjusted my status, but at least it's something we can go through together.

What do you guys think? We don't want to be apart anymore and we're willing to pay for whatever lawyer fees/forms we have to pay to go through this.

Edited by NPM

Service Center: Texas Service Center

Consulate: Rio de Janeiro, Brazil

I-129F Sent: 2015-02-05

I-129F NOA1: 2015-02-12
I-129F NOA2: 2015-08-10

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This is my personal opinion, but I would definitely not try to get married and adjust status while you have a pending K1 petition. There are red flags all over that.


K1 until Green Card

01/13/15 - I-129F package sent

01/15/15 - Arrived at Texas Service Center (sigh...)

01/27/15 - NOA1 in hand

07/16/15 - Case was approved!

07/21/15 - NOA2 in hand

07/24/15 - Case sent to NVC

08/03/15 - NVC Case # Assigned / Case sent to embassy (estimate)

08/05/15 - Arrived at embassy

08/12/15 - Packet 3 received

08/17/15 - Packet 3 sent

08/28/15 - Packet 4 received

09/28/15 - Medical

09/30/15 - Interview - approved

10/07/15 - K1 Visa in hand

10/22/15 - POE

11/06/15 - Married!

12/15/15 - I-485 package sent
02/29/16 - I-485 approved (interview waived)

03/08/16 - Green Card in hand

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Wait on k1 visa that is the best way!


Service Center - Texas

I -130 sent - October 26, 2013

NOA 1 - November 07, 2013

RFE - May 06, 2014

RFE Hard Copy Received - May 12, 2014 (2 passport size photo for the petitioner)

RFE Sent - May 15, 2014

NOA 2 - May 29, 2014

National Visa Center

NVC Received - 18/06/2014

Fill out DS - 261 Form & submit - 08/07/2014

Pay AOS Fee - 25/07/2014

Send AOS Package - 02/08/2014

NVC Receive AOS Package - 04/08/2014

Receive IV Bill - 28/08/2014

Send IV Package - 28/08/2014

Pay IV Bill - 30/08/2014

Case Complete - October 21, 2014

Interview Date - December 05, 2014 rescheduled from December 29, 2014

Interview Result - Approved

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I personally wouldn't do it.


While you can tell us and the CO that you had intentions to come here and leave, no one has to believe you and you don't really have any proof to say other wise since you clearly you can just stay here. A lot of time coming in on K1 they'd ask you for proof that you have strong ties to your country, which you don't obviously since you can just pick up and leave. Either way, it's hard to convince someone that will automatically assume you came here to stay, not to visit. You're guilty until you prove yourself innocent when it comes to immigration.

As for: "It just feels like everything is so good right now, why would I leave." I'm sure it feels like that for EVERYONE during visits, it feels perfect, the life you want, it's a honeymoon type phase. It feels like that every time my fiance comes to visit, and we both know that the reason he leaves is because we want to do this right. If we had gotten married at some point while he was in the country, he still would have gone back to canada and we would have applied for a spousal visa. Our relationship is strong enough and worth it, there's no point of involving any risk if we don't have too.


As for the lawyer backing away for NOA2. He's right, there really isn't anything he can do. It's very simple from there on out, this is the fastest stage ESPECIALLY for someone that was at TSC. You're looking at one application, scheduling medical and interview, and doing those things, a lawyer can't really do anything there.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013
 

Spoiler

Met online: June 2010
Started dating: March 20, 2013
Engaged: November 27, 2014
Married: Feburary 20, 2016



The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail

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You're intention was to be there on a B2 and then continue the K1 and they let you in on that basis. Why risk everything by suddenly marry on a B2 just as you got your NOA2?

How much longer can you stay in the US? Why not prepare most of what you can from the US, book the interview and go home and do it? If you pass the interview it shouldn't take that long to have the visa in hand and you'll be back together again.






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Hey everybody,

My fiance and I are February filers from TSC. Earlier this month, I came to the U.S. to visit him on my B2 visa. At the POE, I even showed the immigration officer our K1 petition and she let me in, saying "well, you guys seem to be doing everything the right way"; my passport was stamped for a 6-month stay.

A few days after my arrival, our visa gets approved. Our lawyer gets in touch with us and pretty much says there's nothing they can do on this second step of the visa (the consulate part) and says we're on our own - which actually bothers me, because we have discussed things about this stage of the visa before we hired him and it really seemed like he was going to be with us until I got the visa.

Anyways, my biggest problem with doing this stage alone is the Affidavit of Support. My fiance is a retired veteran from the military and has spent the last 4 years going to school, paid for by the military. Which means his income was not taxable and therefore we don't have the last 3 years of tax returns they require. Yes, we are using his sister as a co-sponsor, but I'm still afraid that the fact he doesn't have any tax returns will be a big problem, since he's the primary sponsor. He has a job since last June and it pays well, but I know a few months won't do much.

The thing is, I'm here right now. I was allowed 6 months in here. We're not too eager about separating again and not knowing when are we gonna see each other again.

We're thinking about getting married and adjusting my status. I know it sounds crazy.

But if you think about it, you're considered to have committed visa fraud if you come into this country on a non-immigrant visa with the intention of becoming an immigrant. That's not my case. When I got in, I had all the intention to go back to my country and go to the interview in the consulate.

So is it really that bad?

It just feels like everything is so good right now, why would I leave.

I don't know, I'd really like some opinions from everybody here, if possible. We're considering speaking to another lawyer about this, I just don't know any good ones around here yet.

Also, I do realize the Affidavit of Support that I fear so much would still be a problem if I married him and adjusted my status, but at least it's something we can go through together.

What do you guys think? We don't want to be apart anymore and we're willing to pay for whatever lawyer fees/forms we have to pay to go through this.

I don't think that affidavit of support will big a problem, if you guys has a co-sponsor and he is already working since june and can prove it. Next step is the interview, if they have doubts about it they will ask questions to clarify things. You guys are so close to the end and by the way you can do it by yourself don't worry, I know it seems very confusing but is totally possible doing without a lawyer. This forum helps a lot! Depending what state you live in Brazil you can do everything from USA and just go to Brazil for your interview. If you need help feel free to ask.

Here is the link for Rio Consulate so you can have an idea what you will need on this new state in case you don't know http://brazil.usembassy.gov/interview/forms-for-fiancee-visas.html

Edited by samlog

K1

June 27, 2014: I-129F packet sent

July 03, 2014: NOA1

January 09, 2015: NOA2 (190 days)

January 14: Sent to NVC

January 16: NOA2 hard copy

April, 6: Medical

April, 7: Interview/Approved

April 29: Visa received (FINALLY)

May 25: POE - Fort Lauderdale, FL

__

AOS

August 05, 2015: AOS sent

August 12: NOA1 (e-mail)

September 04: Biometrics

October 20: EAD/AP Approved (no text&email)

October 22: EAD/AP mailed

October 26: EAD/AP delivered

November 27: GC Approved/produced
December 02: GC mailed

December 05: GC Delivered

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Call the NVC to see if they have your case # and to see if it was sent to the embassy. You are so close to the end of the K1 process and being together again that, in my opinion, it's not worth the risk. After NOA2, especially for a TSC filer, the next steps will go by super fast. Good luck in whatever you choose to do.

Edited by chaoticlogic

K1 until Green Card

01/13/15 - I-129F package sent

01/15/15 - Arrived at Texas Service Center (sigh...)

01/27/15 - NOA1 in hand

07/16/15 - Case was approved!

07/21/15 - NOA2 in hand

07/24/15 - Case sent to NVC

08/03/15 - NVC Case # Assigned / Case sent to embassy (estimate)

08/05/15 - Arrived at embassy

08/12/15 - Packet 3 received

08/17/15 - Packet 3 sent

08/28/15 - Packet 4 received

09/28/15 - Medical

09/30/15 - Interview - approved

10/07/15 - K1 Visa in hand

10/22/15 - POE

11/06/15 - Married!

12/15/15 - I-485 package sent
02/29/16 - I-485 approved (interview waived)

03/08/16 - Green Card in hand

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When I was going through my I-129F filing for my fiancee, I had just recently joined a company. So my tax was not filed nor was it above the poverty simply because I started working in the second half of the year. It worried me a lot because I thought there would be some problems due to poverty levels. However, I got a "job letter" from my company to confirm that I was receiving a salary. I wrote a cover letter to submit along with the application. No problems from USCIS! so I hope you can use some kind of advice from here and try to get supporting documents for the Affidavit of support. Good luck


--Good Luck--

I learned the hard way...I hope you don't have to :rolleyes: . Immigration is very interesting

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First of all, if you did not lie when answering any of the questions when you entered on your tourist visa and had no intent to marry and stay, then you CAN get married and file for AOS. You do not have to prove you had no intent to be approved, as intent alone is not even a reason for denial. If that is what you would like to do, then just say so and your post can be moved to the appropriate forum for AOS from WS&T, as you will get plenty of 'do it the right way with the K-1' responses here in the K-1 forum. You can also hit report and ask for your post to be moved, if you wish.

Secondly, yes you will need an affidavit of support no matter which route you take. Non-taxable income is still income and can be used. You provide proof of the income with benefits letters, 1099s and bank statements showing the amount that is deposited each month. Provide a statement that you were not legally required to file because your income consists solely of non-taxable income.

Edited by KayDeeCee

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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