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Emmah1979

AOS on Visa waiver program

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Hi everyone 

 

I need a serious genuine answer pls because these forms are giving us both headaches 

 

my husband and I are in the middle of filing for the CR1 and then we came across this site TNvisaexpert.com which specify in the AOS. I now don’t know what to do. I hate the fact of being away from my husband for months while doing this CR1 and the AOS is looking more and more attractive as you can file while I am here and I don’t have to leave him. I am from the UK. The thing is I still have bills to clear and doing the CR1 would be ideal to the point my wages will be slowly clearing them before I arrive. But if I come and do the AOS I won’t be able to work and complete paying off my bills. I know my husband can support me but I have always been very independent in paying my way and hate asking for money to pay things sounds silly I know!! So please I need help what to do. I am due to fly back later and not sure what to file CR1 or go home for a few weeks and come back and file the AOS 

 

many thanks 

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Where are you now?  If you are in the USA, you can stay and adjust status.  Note that you will not be able to work or travel freely for about 4 months (so, you will be dependent on your husband unless you have enough savings - for some, that is ok, for myself, I would feel crushed and useless; you also said you have work and bills at home, so that might become a problem for you). 

If you are home in the UK, then you cannot visit with the intent to stay, so forget about the adjustment of status and continue with the CR1. 

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Filed: Citizen (apr) Country: Taiwan
Timeline
15 minutes ago, Emmah1979 said:

not sure what to file CR1 or go home for a few weeks and come back and file the AOS 

You cannot legally enter the US via a nonimmigrant route with intent to   adjust status......fraud.

"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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Spouse or fiance visa are here for a reason. Reason is, it is illegal to come to come to the US on non immigrant visa or vwp with the intent to stay forever and adjust. Especially nowadays doing that might end with with aos being denied. 

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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I am visiting right now but due to leave today, but what if I came back and visited again? Sorry if that sounds wrong but I just don’t like being apart from him, I wasn’t sure about the www.tnvisaexpert.com. Basically they offer AOS while here on a vwp of course I want to go the right route the cr1 but I am scared of being apart for so long. Brain ache what to do. If anyone has been through this I would love to know. 

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If you want to AOS you must stay and AOS.  To enter on a non-immigrant visa or using the VWP with the intent to stay and adjust status is fraud.  If you told the CBP officer that you were planning to adjust your status they would turn you away and tell you to go home.  

 

You'll also have wasted any money you've already spent on this process.  At least with a CR1 you can work and travel right away as you'll be a green card holder.  But if you decide to stay it will be closer to 120days or more before you can even return for anything you left in the UK.

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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Filed: Citizen (apr) Country: Taiwan
Timeline
7 minutes ago, Emmah1979 said:

I am visiting right now but due to leave today, but what if I came back and visited again? Sorry if that sounds wrong but I just don’t like being apart from him, I wasn’t sure about the www.tnvisaexpert.com. Basically they offer AOS while here on a vwp of course I want to go the right route the cr1 but I am scared of being apart for so long. Brain ache what to do. If anyone has been through this I would love to know. 

Your only legal choice now is the CR-1 (assuming you leave the US)........and many, many of us have had to be apart from out spouses for many months.

You can visit during CR-1, but you can not stay, and you must interview in your home country.

Edited by missileman

"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: Citizen (apr) Country: Taiwan
Timeline

"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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1 hour ago, Emmah1979 said:

 I am due to fly back later and not sure what to file CR1 or go home for a few weeks and come back and file the AOS 

 

Only you can decide.

 

As you are currently in the US and it was not your intention to AOS at the time of entering, then yes, you can AOS

If you leave and then re-enter with the intention do so, that is not legal, and is classed as visa fraud.

 

This topic always elicits responses along the lines of  'zomg, we all had to wait/you can't do that/it is wrong' , as people get pretty frustrated at what can be seen as other people jumping the queue (how very English :lol:), when they have had to wait and in many cases been separated for prolonged periods. However, those are emotional responses, and not factual ones.

The law may change, but the fact remains that AOS is, at the present time and in your circumstances, legal. 

 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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It is not my intent to AOS at all, but literally the last day before I am due to fly back we come across this and rather frustrated now that I have to leave. And yes of course it looks fishy if I come back and visit and then AOS I understand that and it’s not my intent to. I was just looking at the options on what to do. We filled everything out for rapid visa to do there job and then thought so we continue or not. But I think I will just go through the right route I understand you all had time apart and I just hate it that’s all 

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Just my two pence, if you haven't sent anything to RapidVisa, don't waste your money unless you have a difficult case.  You have to fill out the same info for them to just copy it onto the forms anyway.  Since you have to do all of the legwork, it's cheaper to do it yourself.

 

We used a lawyer for filing the I-130 and then after them delaying the process by not sending the paperwork for about 3 weeks after receiving all of our evidence and information for the forms, we did the rest of the process on our own and saved about $1500.

 

 

Mar 2014 - Married

5/7/14?? - Attorney mailed paperwork

5/15/14 DHS cashed check

5/19/14 - NOA1 received with PD 5/12/14

10/17/14 - NOA2 received

10/28/14 - Email received that file has been sent to NVC

11/13/14 - NVC received file

12/10/14 - NVC Assigned case number

12/12/14 - AOS Fee Invoiced

12/13/14 - Submit email to NVC to remove attorney as DS-261 Agent

12/16/14 - AOS Fee showing as Paid

12/17/14 - IV Fee invoiced

12/20/14 - IV fee available and paid

12/27/14 - DS-260 submitted

1/2/15 - AOS and IV packages sent to NVC

1/5/15 - USPS delivered packages to NVC

1/7/15 - NVC scanned in packages. Let the countdown begin...

1/30/15 - FINALLY got a reply to my email to remove the attorney from the DS-261

3/9/15 - Called NVC and they have checklisted us for an "incorrect" decree absolute from the UK, even though it is the legal official document. Have requested a supervisor review.

4/28/15 - Called and NVC said supervisor had reviewed and now claimed that the decree absolute was not included. After disagreeing with the less than helpful lady on the phone, and her not being able to get the review time right. (She kept changing her story between 42 days and 30 days).

4/30/15 - Sent the same copy of the decree absolute to the NVC from the UK, highlighting the "decree absolute" wording with a letter stating that this is the only document provided by the UK government.

5/6/15 - Scan date for checklist received.

6/5/15 - Case complete!!!

6/12/15 - Called and interview is scheduled for July 1!

6/14/15 - Received email with interview date and instructions.

6/19/15 - Case showing as ready on CEAC.

7/1/15 - Approved at interview!!!

7/6/15 - CEAC changed to Administrative Processing

7/7/15 - CEAC changed to Issued!!!!!

7/10/15 - Passport and packet delivered!

7/29/15 - Husband entered with visa at Dallas/Fort Worth airport

9/29/15 - GC delivered!!!

5/4/17 - ROC packet sent via USPS

5/9/17 - Tracking shows delivered

5/17/17 - Check cashed

5/19/17 - NOA1 received with date of 5/8/17

5/27/17 - Biometrics appt received 6/8/17

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5 hours ago, Emmah1979 said:

I am visiting right now but due to leave today, but what if I came back and visited again? Sorry if that sounds wrong but I just don’t like being apart from him, I wasn’t sure about the www.tnvisaexpert.com. Basically they offer AOS while here on a vwp of course I want to go the right route the cr1 but I am scared of being apart for so long. Brain ache what to do. If anyone has been through this I would love to know. 

Leaving and coming back to AOS would be fraud. If you want to do AOS, your only legal opportunity would be before you leave.

Yes, it's hard to be apart. But that's not an excuse to break the law (and potentially make things much harder for yourself).

 

3 hours ago, Emmah1979 said:

It is not my intent to AOS at all, but literally the last day before I am due to fly back we come across this and rather frustrated now that I have to leave. And yes of course it looks fishy if I come back and visit and then AOS I understand that and it’s not my intent to. I was just looking at the options on what to do.

Option 1: Stay and AOS. Wait for AP/EAD to travel abroad/work (around 4 months or so after filing for AOS).

Option 2: File the I-130 and go for a CR-1 visa. You can visit in the meantime.

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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