Jump to content
Filters

Entered on VWP, got married & went back home.

6 posts in this topic

Recommended Posts

Hello everyone,

 

First of thank you all for this forum. I already learned some things i didnt know about.

 

To my Story:

My Wife (U.S Citizen) & I (Swiss Citizen) are since almost 8 years in a relationship. I go over to visit her every summer and sometimes in winter. Long story short, as often as we can afford. I visited 9 times so far, and this comming winter will be the 10th time. I mostly stay 10 Weeks +/-. Never over 90days.

 

This past summer we got married shortly before i went back to Switzerland. We where thinking thats the right thing to do, and then file CR-1. But after reading here a bit, now im just confused.

 

We didnt send anything in yet, but are filling out i130 & i130a, g1145, & gathering evidence (pictures, tickets & all that).

 

Is this the right thing to do?

Or would it have been better, if i just would have stayed and did AOS?

 

I hope someone of you guys can help me with some advice.

 

Thanks

Share this post


Link to post
Share on other sites

You're out of country so you can only follow CR-1 route. Coming back and attempting AOS would be fraud. 

 

~Moving to CR-1 visa~

Edited by milimelo

Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

Share this post


Link to post
Share on other sites
19 minutes ago, Filters said:

Is this the right thing to do?

Yes. Pursue the CR-1/IR-1 visa.

 

Quote

Or would it have been better, if i just would have stayed and did AOS?

Never worry about what could have been. That option is no longer available for you.

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

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

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

 

 

Share this post


Link to post
Share on other sites

Ok, thank you guys for the quick answers.

 

Another thing about this new 90 days rule you mentioned in another post geowrian.

 

This confused me a bit. Is this something i have to worry about?

 

AOS isn't a visa. :P It's handled by USCIS. Visas are handled by the embassies, which are under DOS.

 

The new rule regarding preconceived intent is a DOS rule, and is not adopted by USCIS at this time (and doing so would be difficult due to past court cases). Technically, due to this change, going for a CR-1 visa after marrying within 90 days would be more difficult now. Some background info for others not familiar with the change:

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/DOS_Expands_Presumption_of_Misrepresentation_Rule_to_90_Days/

Share this post


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

Ok, thank you guys for the quick answers.

 

Another thing about this new 90 days rule you mentioned in another post geowrian.

 

This confused me a bit. Is this something i have to worry about?

The exact guidelines on how this will be implemented are not known yet...my understanding is that it just means the CO at the embassy can consider if you committed misrepresentation at POE by entering with immigrant intent. Unfortunately, I don't have any info on what level of impact it will have.

 

If I was in your shoes, I wouldn't worry about it...being able to consider it is a far stretch from making a misrepresentation. You have visited many times in the past and it doesn't appear that they would have any reason to believe you made a misrepresentation...you're allowed to marry on VWP fine, and spouses usually want to be together in the same country later. There's nothing unusual here IMO.


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

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

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

 

 

Share this post


Link to post
Share on other sites

I would pursue the CR-1 route and settle your affairs within the 12-14 months while its being processed. You can still visit each other if you like.

My husband and I see each other quite a bit (13 trips since January 2016) and so far we didn't have any issues going back and forth. 

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.
×