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Peter winfrey

Left the u.s.a without advanced parole

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I moved to the states in February on a k1 visa and married within the 90 days. I never adjusted my aos and never even applied for it, me and the wife were having problems and eventually I left and went home. The relationship was turbulent but we love each other none the less. Now I'm back home and wondering what options there is for us?. 

Edited by Peter winfrey
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Did you leave before the 90 days were over? 


You know your relationship better than we do, so it's up to you if you want to stay in your home country or file a CR1 spousal visa (takes a little over 1 year on average) if you want to return to living in the USA. 


K1 Visa Process                                                                                                   

Spoiler

 

December 19, 2016: NOA1 receive date 

May 5, 2017: NOA2 hardcopy (still listed as 'received' online...)

May 23, 2017: NVC case number assigned

July 10, 2017: Interview
July 14, 2017: Visa in hand
July 27, 2017: POE at ORD

August 5, 2017: Married!

 

See my 'About Me' section on my profile for a more detailed step by step journey of our K1 Journey through the Casablanca consulate in Morocco

 

AOS Process  

September 8, 2017 : Mailed AOS Packet

September 16, 2017 : NOA1 text/emails (receive date Sept. 12)

October 2, 2017 : Biometrics Appointment

October 13, 2017 : RFIE letter received in mail (they want an English translated Birth Certificate, which we included in the original petition...)

January 24, 2018: EAD/AP Combo Card in hand

August 9, 2018: AOS Interview (Approved)

August 9, 2018: "Card in Production"

August 16, 2018: Green card in hand

 

May 2020: ROC!

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Hi and thanks for the help. I got married on day 89 but it was taking me a long time to adjust to living in the u.s and I was missing home a lot. Me and the wife had our fair amount of drama and set backs so I was forced to leave. I'm married but never adjusted my aos or never even petitioned it. With all the k1 process and the hard work to obtain it, all the long distance back and forth messages and visits, it's such a shame for it to end the way it did and I know deep down that we both want to stay together and not end up drifting apart 

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Well you wasted money and time that went to the K1 visa. If you ever want to return to the US, you'll need a spouse visa cr1. It will take about a year for the process to obtain it. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Due to the overstay, you are unlikely to be able to get a tourist visa to visit. However, it sounds like you left before 180 days after your status expired, so you don't have a bar. You can file for the CR-1 visa...ETA: ~12-14 months.


Timelines:

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

?/?/18: Interview

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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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12 minutes ago, Peter winfrey said:

Hi and thanks for the help. I got married on day 89 but it was taking me a long time to adjust to living in the u.s and I was missing home a lot. Me and the wife had our fair amount of drama and set backs so I was forced to leave. I'm married but never adjusted my aos or never even petitioned it. With all the k1 process and the hard work to obtain it, all the long distance back and forth messages and visits, it's such a shame for it to end the way it did and I know deep down that we both want to stay together and not end up drifting apart 

Sounds like you have it figured out then. But one important thing you need to realize that in order to make it work, is that everything takes time and patience. You went through it once, now you will need to likely go through it all again. If I'm not mistaken, you will need to apply again but for a spousal visa as you are considered to have abandoned your fiancé visa, even though you married, you left the country. You both need to make the decision to work hard at the distance again, to make your marriage work, or to dissolve. But always be 100% honest, it needs to be all or nothing, there is no in between gray area! 

Best wishes 

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2 minutes ago, L&LM said:

If I'm not mistaken, you will need to apply again but for a spousal visa as you are considered to have abandoned your fiancé visa, even though you married, you left the country.

Just to clarify...the K-1 visa is canceled at POE since it's single-use. If AOS had been filed, the AOS would have been abandoned.

Edited by geowrian

Timelines:

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

?/?/18: Interview

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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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Just now, Peter winfrey said:

Thanks for your help. I appreciate it very much. Just need to convince the wife to take me back now haha. 

If you enter the US on a CR-1 visa, you will be able to work in the US and travel outside the US immediately....and there will be no AOS required.


The most profound statement I have ever read is "What I am to be....I am now becoming"

 

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Would your wife move there? If you like your country much better you can have her move there. I personally would move to my fiancee country but since we had a baby together it made it harder for me to move now.

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3 minutes ago, Peter winfrey said:

Okay thank you. Is there a visa which will make her love me again?... You apply for it and automatically she feels good about the relationship lol

Its called the "honesty openness and owning your own mistakes" visa.. like all visa applications, the outcome is never guaranteed. Look at the relationship through her eyes also, see why it was hard for her and be prepared to work really hard at restoration..  no matter what the outcome, you will be a better person for facing your own issues,  and much more likely to be able to move into a healthy longterm relationship in the future.. good luck ! 

Also, it takes 12 months of hard work riding out the roller coaster of being in another culture and society....much longer than we want it to! 

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