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sophiaxjk

Are my chances ruined?

By sophiaxjk in What Visa Do I Need - Family Based Immigration

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sophiaxjk Newbie

sophiaxjk   1

Posted
Country: Japan
 Timeline
Posted

So, I was searching online and I am in a bit of a panic because I see different things on different sites until I found this site and decided to make an account to get information from real people that could possibly help me.

i will now explain my situation. my, now husband, came into the united states to visit me, his girlfriend at the time, and my family (that is also what he told the cbp, which was true). he stayed for about a month and around the third week he was here on his visit we married, it was spontaneous. it was a decision made because we wanted to start to work on something to possibly give us the chance to live together. (which would be the cr1 visa) we didn't have much information on all this visa stuff until after the fact that I began reading things online that said doing this could deny us the chance of the cr1 being possible?

I read that if he entered with the intent to marry and didn't mention it, it would be visa fraud unless it was a spur of the moment kind of thing? well, we weren't even engaged. that week we decided to marry we just went for it in my city, Las Vegas (which many know how easy it is to marry here) and after his time was up he returned to Japan. I read that we have to prove it was an in the moment kind of thing but... im not sure how to even do that? we weren't engaged, it was quick (we weren't even too dressed up) and we had just my parents as the witnesses, and he then returned when he was supposed to. he also has a job he returned. im very scared we wont qualify for the cr1 because of this, and if we don't would there be any other visa or any other way to have my husband here?

thank you to anyone who responds.

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Boiler Grand Master

Boiler   43,397

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You read wrong, perfectly OK to marry in the US Las Vegas Baby!

“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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Boiler Grand Master

Boiler   43,397

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Irrelevant.

“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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MXcompadre Enthusiast

MXcompadre   75

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted (edited)

This' the web-link = http://www.visajourney.com/content/i130guide1 to the Visa Journey 'Step-by-Step Guide on How to File for a IR-1 / CR-1 Spouse Visa for a Foreign Spouse' for you to read and use in preparing your form I-130 'Petition for Alien Relative' spouse/husband.  Best of luck in your jour Immigration Visa journey!

Edited by MXcompadre
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Ben&Zian Experienced

Ben&Zian   4,397

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

With it being spur of the moment, unplanned marriage, he could have even stayed in the US and simply adjusted status, he did not even have to leave again.

 

But as stated above, you're fine. Simply file to begin the CR-1 process.

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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sophiaxjk Newbie

sophiaxjk   1

Posted
Country: Japan
 Timeline
  • Author
Posted
45 minutes ago, Ben&Zian said:

With it being spur of the moment, unplanned marriage, he could have even stayed in the US and simply adjusted status, he did not even have to leave again.

 

But as stated above, you're fine. Simply file to begin the CR-1 process.

I wasn't even aware of that but also the sudden stay here for him wouldn't have worked out in our favor. the almost year wait of the cr1 is much more convenient for us, but thank you so much.

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

You're fine. You have have just filed for AOS while he was here without any issues. Now that he's out of the country, you can just file for a CR-1. There's no issue that you decided to marry while inside the US.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted
4 hours ago, Ben&Zian said:

With it being spur of the moment, unplanned marriage, he could have even stayed in the US and simply adjusted status, he did not even have to leave again.

 

But as stated above, you're fine. Simply file to begin the CR-1 process.

Even if it was planned, it's not a problem.  Google "Matter of Batista and Matter of Cavazos."

 

Immigrant intent is a problem at the POE.  Once admitted into the US, immigrant intent at the time of entry becomes irrelevant for the IR of a USC who files for AOS.  Laws don't have to be consistent.  

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caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
5 hours ago, sophiaxjk said:

I wasn't even aware of that but also the sudden stay here for him wouldn't have worked out in our favor. the almost year wait of the cr1 is much more convenient for us, but thank you so much.

you are good to go!!!! VEGAS~!!!! put your 1k lawyer fee on red!!!

 

(kidding of course)

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caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
5 hours ago, sophiaxjk said:

I wasn't even aware of that but also the sudden stay here for him wouldn't have worked out in our favor. the almost year wait of the cr1 is much more convenient for us, but thank you so much.

hey, breathe!

read the guides for the AOS paperwork.. u need the i130 i485, sponsor, medical and bio...

 

u are fine.

u are good to AOS from his B2 visa but he cant leave until he gets his AP/EAD or greencard in hand

 

at the interview all the care about is that you are in a real marriage.  

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A'n'L Proficient

A'n'L   735

Posted
Filed: AOS (apr) Country: Norway
 Timeline
Posted

This is a non issue, for many reasons.

 

A) He did not lie to CBP (this is the only one that really matters)

B) Marrying while visiting as a tourist is perfectly legal. Unless he was specifically asked for it, it's not something he would've even needed to disclose to CBP (again, irrelevant, because it was not his plan at the time he entered) 

C) He did not overstay (which also would've been forgiven if you had chosen to adjust his status without leaving the US)

D) He returned to his country, and you are now progressing on the legal and correct path towards his immigrant visa and legal residency.

 

Good luck on your journey!

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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discoverusa Collaborator

discoverusa   229

Posted
Filed: Citizen (apr) Timeline
Posted
10 hours ago, caliliving said:

hey, breathe!

read the guides for the AOS paperwork.. u need the i130 i485, sponsor, medical and bio...

 

u are fine.

u are good to AOS from his B2 visa but he cant leave until he gets his AP/EAD or greencard in hand

 

at the interview all the care about is that you are in a real marriage.  

She can just file I-130 now. Her husband is out of the US. This will be consular processing.

4/12/13 - sent I-485 package

4/15/13 - USCIS Chicago Lockbox received package

4/22/13 - got email and txt

4/29/13 - received NOA in mail

5/08/13 - received biometrics appointment for 5/22

5/09/13 - successful early walk in at Port Chester, NY office

5/22/13 - I-485 updated to Testing & Interview

6/18/13 - EAD went to production

6/21/13 - Card/Document Production for EAD - second email

6/24/13 - EAD mailed

6/26/13 - EAD arrived

7/18/13 - got email about interview

7/20/13 - got hard copy interview letter

08/23/13 - interview - Approved dancin5hr.gif(card production & decision email)

08/28/13 - card production - second email

08/29/13 - card mailed

09/03/13 - card arrived

*********************************************************************************

05/27/2016 - N-400 mailed

06/02/2016 - NOA date

06/24/2016 - biometrics appointment

11/28/2016 - interview scheduled for January 9th, 2017

01/09/2017 - interview passed

01/20/2017 - Oath Ceremony

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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

As others have said, YOU ARE FINE! :D

 

Follow these guides: 

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Edited by NikLR

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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