Jump to content

38 posts in this topic

Recommended Posts

Hello Everyone

 

First and foremost THANK YOU for taking time to read this and help me out.

 

I'm a Canadian citizen living in Florida. I was on F1 OPT status which ended on Aug 31, 2016.  I married my wife on Oct 29, 2016. 

 

My wife is a permanent resident who filed for citizenship in June of 2016. We assumed she would have had her citizenship by the time we got married and would file for adjustment of status shortly after we got married. This week we received notice that she will have her citizenship interview on March 7, 2017.

 

I've gotten mixed answers on how long it takes to get sworn in as a citizen after you've had and passed the interview? However long it takes (hopefully not long) I plan to file for my adjustment of status immediately. I also plan to submit an I-785 so I can get back to work as soon as possible.

 

Here is where it gets sticky...

 

My sister is getting married in Canada on June 2, 2017. I'm not only in the wedding party but suppose to MC the wedding! Her exact words were I will kill you if you are not there. Back in October when I got married we all figured everything would be settled by the time of the wedding, but now seems to be cutting very close.

 

I'm aware that by just leaving back to Canada in June would bar me from the US for several years ( due to me overstaying). So I need an alternative.

 

I'm also aware that there is a travel form I-131 that I can attach also. Although I'm unsure how soon this goes into effect after filing my AOS and if leaving for a wedding qualifies.

 

IN SUMMARY :

 

Assuming my wife is granted her citizenship shortly after her interview (lets say end of march?)  And I file my AOS immediately afterward, how long is the waiting period to get an answer on my AOS and ability to travel?

 

 

Is there any other type of document that acts as a waiver to travel while my AOS is in process?

 

BONUS QUESTION : Am I somehow better off returning to Canada asap , which would put me at 90 or so days that I overstayed ( opposed to 180 if i return in june) and starting all over with a K visa process to avoid the risk of being banned from the US? Or something similar? 

 

 

If you're  still with me here, god bless your soul!  Any tips, advice or creative ideas  would be appreciated!  

 

If you need any more information I'm more than happy to provide it.

 

Much love to all,

 

Chris the Canuck

 

 

 

 

Share this post


Link to post
Share on other sites

You'd be cutting it really close.  It takes about 90 days to get EAD/AP from when you file.  

 

I would return and start the cr1 process.  It takes about a year and you likely won't be able to travel back with an overstay 

Share this post


Link to post
Share on other sites
7 minutes ago, ChrisCanuck said:

BONUS QUESTION : Am I somehow better off returning to Canada asap , which would put me at 90 or so days that I overstayed ( opposed to 180 if i return in june) and starting all over with a K visa process to avoid the risk of being banned from the US? Or something similar? 

You wouldn't go the K visa route if you're already married? 

Share this post


Link to post
Share on other sites

I don't think you'll make it. If her interview in March 7th and lets say she have the oath by the end of march which would be quick then you file AOS April 1st then it's only 2 months til your sisters wedding you won't get the AP before that.

 

AND this timeline is without RFE's.

 

For most it even take around 14 days from approved to they get the card. 

 

I think you should prepare your sister that you won't be there OR your will be there and then do CR-1 visa. 

Edited by Georgia16

K-1 + K-2:                                                                                                                         AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/09/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/09/18.....ROC window opens

 

Share this post


Link to post
Share on other sites
6 minutes ago, Georgia16 said:

I don't think you'll make it. If her interview in March 7th and lets say she have the oath by the end of march which would be quick then you file AOS April 1st then it's only 2 months til your sisters wedding you won't get the AP before that.

 

AND this timeline is without RFE's.

 

For most it even take around 14 days from approved to they get the card. 

 

I think you should prepare your sister that you won't be there OR your will be there and then do CR-1 visa. 

 

Thank you for your reply and honesty.  I've yet to research the CR-1 visa can you tell me a little about it 

Share this post


Link to post
Share on other sites
2 minutes ago, ChrisCanuck said:

Thank you for your reply and honesty.  I've yet to research the CR-1 visa can you tell me a little about it 

You are in Canada and your wife submit a petition for a spouse visa. It takes around a year to get. You can visit but not live in the US all this time. 

After you get the visa you get your GC. You might have to have a waiver for your overstay. 

 

Honest it would be a lot easier to just stay and get the GC now you are here and just miss your sisters wedding. Sounds hard but it is what it is.


K-1 + K-2:                                                                                                                         AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/09/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/09/18.....ROC window opens

 

Share this post


Link to post
Share on other sites
Just now, Georgia16 said:

You are in Canada and your wife submit a petition for a spouse visa. It takes around a year to get. You can visit but not live in the US all this time. 

After you get the visa you get your GC. You might have to have a waiver for your overstay. 

 

Honest it would be a lot easier to just stay and get the GC now you are here and just miss your sisters wedding. Sounds hard but it is what it is.

Chances of visiting with an overstay are slim.

Share this post


Link to post
Share on other sites

 CR1 would take roughly a year.

 

My advice, continue with your AOS, if you can't make it to your sis' wedding send an expensive gift and a huge apology.

 

But by all means let her know NOW what your siituation is and the possibilty of you mot making it.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites
2 minutes ago, Transborderwife said:

Chances of visiting with an overstay are slim.

Very true.


K-1 + K-2:                                                                                                                         AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/09/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/09/18.....ROC window opens

 

Share this post


Link to post
Share on other sites

I agree about missing your sister's wedding.


Married: 5-July-2015
----------
I-130 Petition Sent: 11-May-2016
NSC Received (Our Priority Date): 12-May-2016
NOA2 Received: 30-September-2016 141 days for I-130 approval
**Note: We received four text messages at 6:45 AM CST (Friday) about our case status update. We never received an e-mail nor alert from the app**
NOA2 Hard Copy Received: 06-October-2016
----------
Petition Sent to NVC: 17-October-2016 17 days for petition to be sent to NVC
**No alert of any kind received for this update; saw the change by logging into USCIS website**
NVC Received: 21-October-2016 4 days to be received at NVC
NVC Case Number Assigned: 31-October-2016 10 days for case number to be assigned
**Called NVC on 2-November-2016 and she said case and invoice number had been assigned 31-October.**
NVC Welcome Letter Received: 3-November-2016 @ 12:10 AM 3 days from case number assigned until Welcome Letter received and invoices unlocked
IV and AOS Fees Unlocked: 3-November-2016 @ 7:00 AM
IV and AOS Fees Paid: 3-November-2016
DS-260 Unlocked: 7-November-2016 2.5 business days for DS-260 to be unlocked
DS-260 Submitted: 8-November-2016
AOS & IV Documents Sent: 9-November-2016
Scan Date: 14-November-2016 5 days to receive scan date due to a holiday/weekend
Medical expedite requested: 14-December-2016
Medical expedite approved at consulate: 19-December-2016 Expedite approved with consulate but denied at NVC; still need to wait for case complete
Case on Supervisor Review: 22-December-2016
Case sent to the Review Department: 13-January-2017
Case Complete: 24-January-2017     10 weeks and 2 days at NVC before case completed
Case arrived at consulate/CEAC status "Ready": 1-February-2017
Interview: 21-February-2017   We scheduled our own interview because we had an approved medical expedite with the consulate. By sheer luck we got such a quick interview date because someone cancelled their appointment less than 20 minutes prior
Interview Result: Approved!!
Visa Issued: 21-February-2017     Visa issued same day as interview
DHL tracking information received: 22-February-2017     DHL tracking number appeared 28 hours after interview, scheduled for delivery the next day
Visa in hand: 23-Feb-2017
US POE (Minneapolis): 26-Feb-2017
 
 
 
 

Share this post


Link to post
Share on other sites

have your wife file the i130 for you now. once she gets citizenship it will upgrade in visa preference category after she sends certificate of citizenship.  I do be I've you are cutting to too close to get ap in time for the wedding and having to sit out of country for the waver will most likely take longer than if you leave before you get 180 days of overstay which triggers the 3 gear bar. leave a few days early for pad incase someone counts wrong or the plane is delayed.

 

good luck

Share this post


Link to post
Share on other sites

  Have you hit 180 days of overstay ?   If not and you leave before that you can avoid the need for a waiver.   You wife could start the I130 now and upgrade it once her citizenship is done.  BTW  how did your wife get citizenship ? 


This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites
14 minutes ago, NigeriaorBust said:

  Have you hit 180 days of overstay ?   If not and you leave before that you can avoid the need for a waiver.   You wife could start the I130 now and upgrade it once her citizenship is done.  BTW  how did your wife get citizenship ? 

2

Thanks for the reply.

 

My opt ended in aug 31st and you are granted 60 days after to leave. Based on that I'm currently around 100 days of overstay.

 

Lets say I left for canada tomorrow and my wife did file the i-130 and upgrade once her citizenship is done , what happens next? 

 

My wife was sponsored through her older brother which gave her a green card and has been in the US over 5 years which allowed her to file for citizenship.

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×