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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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Filed: Citizen (apr) Country: Morocco
Timeline

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. 

If you are going through the visa process and will be interviewing in Casablanca, Morocco, join us over at the

US-Morocco Visa Discussion Facebook Group! :) 

 

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!

 

 

 

AOS Process    

Spoiler

 

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:

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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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:

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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Filed: Citizen (apr) Country: Taiwan
Timeline
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 US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: El Salvador
Timeline

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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Thanks for everybody's help I really appreciate it. I'm from England so our cultures clashed immensely. All the drinking at the weekend and looking for a good time showed her a very irresponsible person. But I also had savings which I worked very hard for, so spending everything on paperwork seemed such a waste to me. With the benefit of hindsight right? 

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