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Olya2007

Please read!!! need your advice!!!

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Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline

Hi my dear fellows VJ's! I have the following situation now;

My fiancé then came on K-1 visa. We got married and submitted documents for AOS. Everything was done in a timely matter.

Then suddenly in one week after we got notice from INS that they got our doc's -we've got a situation that required him to come back to Ukraine. It was a combination of events that we just could not do it differently at that time. We could not wait even one day. So we bought tickets for him and he left.

Now everything is back to normal, and of course we want and need to be together.

I realize what it means to drop the status; I understand that it would be extremely difficult. Just don't know where to start, and if it ever resolvable???????

Anyone who had some experience, or heard about simular situation-please advice!!!

Anyone who thinks I need to hire lawyer-please advise me on names!

Thanks in advance and looking forward for your replies!


My timeline:

K-1 visa

05 - 16 - 2007 - Sending off of my I-129F package

10 - 16 - 2007-Got NOA2 !!!!

12 - 11 - 2007 Interview date

K1 visa -APPROVED!!!!!!!!!!

January 15, 2008 -married

Submitted docs for AOS ...but ,very unfortunately, my husband had to return back to Ukraine due to emergency without travel document (AP)

Starting K3 process ......

back to the waiting game...

K-3 route

07-10-2008-I-130 sent

07-15-2008-Check cashed

07-16-2008-NOA1 at CSC

07-21-2008-Hard copy of NOA1

07-23-2008-129F sent

07-27-2008-129F received at Chicago lock box (sent by mistake there instead of CSC)..

08-12-2008 I-130 NOA 2 !!!!!!!!!

08-16-2008-I-130 NOA2 hard copy

NVC

08-19-2008 Case is in NVC (Changed my mind and now going CR1 route)

08-21-2008 Got IIN

08-26-2008 Paid AOS Bill online

08-26-2008-Sent DS3032 by mail

08-28-2008 AOS shows as Paid

08-29-2008-AOS package sent USPS overnight

08-29-2008 Paid IV bill online

08-30-2008 IV Bill shows as Paid

09-02-2008 AOS package recieved

09-03-2008 DS230 sent USPS overnight

09-05-2008 Both AOS and DS230 entered in the system

09-12-2008- CASE COMPLETE!!!!! 23 days for NVC ?? !!!! YESSS!!!!

10-29-2008-INTERVIEW!!!!-PASSED!!!!

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I think you will need to start the K1 process over. Did you think about emergency AP before he left? I think some of the other members used it to leave the US before receiving the actual AP...


Our Story so far...

K-1

7/26/07- I-129F sent to CSC

8/02/07- NOA 1

12/13/07- NOA 2

2/12/08- Interview in Rio- APPROVED!

2/15/08- Visa Received

2/18/08- US Entry

2/20/08- Wedding Day

AOS

3/04/08- AOS, EAD and AP mailed

4/07/08- RFE

4/11/08- AOS, EAD and AP re-mailed

4/18/08- NOA's received

5/06/08- Biometrics Appt

6/14/08- AP approved

6/17/08- EAD approved

11/07/08- Greencard Approved!

11/22/08- Greencard Received

Gabriel was born on January 12, 2010!

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Filed: Citizen (apr) Country: Canada
Timeline
I think you will need to start the K1 process over. Did you think about emergency AP before he left? I think some of the other members used it to leave the US before receiving the actual AP...

actually, K-1 is only valid if you are unmarried. They got married in the short time he was here, so they have to start the process over again with a K-3 or a CR-1 visa. It sounds from the OP's post that there wasn't time to loose even waiting to get an emergency AP appointment. It is too bad, but unfortunately these are the rules of USCIS.

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Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline

to Dias Melhores- we can't do K-1, we are already married, we could not think of emergency AP, because it was real emergency, time was counted by hours, not even days

to rebeccajo-I also had in mind K3 route, but my paralegal who prepared our doc's for K-1 (she is very experienced and strong specialist), told me that it is practically no way for him to get to US, she told that the only possibility may be if we divorced, and then I go to Ukraine to get marry him again.... That sounds completely devastating to me..

Even if we start with K3 route, what will be with his adjustment of status process? Would be our K3 process harder and look like it has red flags, or it might be quicker since he was already approved recently??

should I hire really good immigration lawyer??

Thanks for replies, still looking forward to hear if anyone had a simular situation?


My timeline:

K-1 visa

05 - 16 - 2007 - Sending off of my I-129F package

10 - 16 - 2007-Got NOA2 !!!!

12 - 11 - 2007 Interview date

K1 visa -APPROVED!!!!!!!!!!

January 15, 2008 -married

Submitted docs for AOS ...but ,very unfortunately, my husband had to return back to Ukraine due to emergency without travel document (AP)

Starting K3 process ......

back to the waiting game...

K-3 route

07-10-2008-I-130 sent

07-15-2008-Check cashed

07-16-2008-NOA1 at CSC

07-21-2008-Hard copy of NOA1

07-23-2008-129F sent

07-27-2008-129F received at Chicago lock box (sent by mistake there instead of CSC)..

08-12-2008 I-130 NOA 2 !!!!!!!!!

08-16-2008-I-130 NOA2 hard copy

NVC

08-19-2008 Case is in NVC (Changed my mind and now going CR1 route)

08-21-2008 Got IIN

08-26-2008 Paid AOS Bill online

08-26-2008-Sent DS3032 by mail

08-28-2008 AOS shows as Paid

08-29-2008-AOS package sent USPS overnight

08-29-2008 Paid IV bill online

08-30-2008 IV Bill shows as Paid

09-02-2008 AOS package recieved

09-03-2008 DS230 sent USPS overnight

09-05-2008 Both AOS and DS230 entered in the system

09-12-2008- CASE COMPLETE!!!!! 23 days for NVC ?? !!!! YESSS!!!!

10-29-2008-INTERVIEW!!!!-PASSED!!!!

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to Dias Melhores- we can't do K-1, we are already married, we could not think of emergency AP, because it was real emergency, time was counted by hours, not even days

to rebeccajo-I also had in mind K3 route, but my paralegal who prepared our doc's for K-1 (she is very experienced and strong specialist), told me that it is practically no way for him to get to US, she told that the only possibility may be if we divorced, and then I go to Ukraine to get marry him again.... That sounds completely devastating to me..

Even if we start with K3 route, what will be with his adjustment of status process? Would be our K3 process harder and look like it has red flags, or it might be quicker since he was already approved recently??

should I hire really good immigration lawyer??

Thanks for replies, still looking forward to hear if anyone had a simular situation?

Sounds like you also need a different paralegal! She cannot be that experienced if she told you that.

You can absolutely file a K3 or CR1 based on your marriage here. Check out the guides for those.

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You can most definitely file a K3 and bring him back.

I can see nothing at all that would raise a red flag.

On the converse, no the process won't be any easier.

He MAY not have to have the medical again though, depending on when he had his K1 medical.


Naturalization

Son's N-400 Timeline

08/14/2020 - Sent N-400 and I-912 waiver to TX lockbox

09/18/2020 - NOA via text

06/05/2021 - Notification of biometrics scheduled

 

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Filed: Other Country: China
Timeline
You can most definitely file a K3 and bring him back.

I can see nothing at all that would raise a red flag.

On the converse, no the process won't be any easier.

He MAY not have to have the medical again though, depending on when he had his K1 medical.

I'm going to join others in confirming that either the CR1 or K3 spouse visa process is fully available to you. Your paralegal was just plain mistaken.

Unfortunately, that's both the good and bad news.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: Timeline
My fiancé then came on K-1 visa. We got married and submitted documents for AOS. Everything was done in a timely matter.

Then suddenly in one week after we got notice from INS that they got our doc's -we've got a situation that required him to come back to Ukraine.

I could be wrong about this but can't you file for AP now and then send him the AP approval notice and he can try to use that to enter the country...I don't know if immigration checks if you have AP while you depart the country..can someone correct me on this?


Mom sponsoring for her son(my brother)

06/15/2010 : I-130 for son
06/23/2010 : Check Cashed
06/26/2010 : Received NOA
03/20/2012 : Received RFE(I-797E)
05/23/2012: Application approved after RFE response
06/29/2012: Received letter from NVC

06/03/2015: Change petition from F1 to F3 category


Checklist :
1. I-751(ROC)
2. Parents AOS
3. I-130(Son)
4. N-400(Spouse)

5. N-400(Parents)

6. K-1 & AOS & ROC TimeLine

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My fiancé then came on K-1 visa. We got married and submitted documents for AOS. Everything was done in a timely matter.

Then suddenly in one week after we got notice from INS that they got our doc's -we've got a situation that required him to come back to Ukraine.

I could be wrong about this but can't you file for AP now and then send him the AP approval notice and he can try to use that to enter the country...I don't know if immigration checks if you have AP while you depart the country..can someone correct me on this?

No, the I-131 would have to be approved prior to leaving.

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Filed: K-1 Visa Country: Nigeria
Timeline

Applying for a new visa would mean the whole wait all over again. So they are looking at 6 months or more for a visa ? Could they ask for a hardship waiver ?


First visit:2007-09-12 to 2008-09-23

I-129F Sent : 2007-11-24

I-129F NOA1 : 2007-11-30

I-129F NOA2 : 2008-03-31

NVC Received : 2008-04-21

NVC Left : 2008-04-23

Consulate Received : 2008-04-28

Packet 3 Received : 2008-05-20

Interivew date : 2008-08-07 CO asks inappropraite questions

His father died: 2008-08-18

Retain Marc Ellis 2008-09

Visited Nigeria again: 2008-11-12

petitioned returned to CSC :2008-11-27

returned to USA 2008-12-13

His father buried 2009-01-03

picks up K1 visa Nov 2009

Marriage Dec 2009

take throne as Igwe /Lolo 2010 or 2011

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Check and see if you can file the I-131 now and have him pick it up at his embassy later.

Seen something like that but not sure what the circumstances were!

Don't need a AP to leave the US. Just to return!~


K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline

Thanks a lot , people, for responding!!!!

I understand now that K3 process is still available option, but many of you are right, it's horrible to imagine the length and the same process all over again :-((,

Thing about AP sent to him sounds very good. But how to find out if it's the option?? I have got his biometrics appt, after he left, so it was never done, if it matters

Just don't know should I ask lawyer about it, or INS?

About hardship waiver , is it something that can shorten the wait should we go K3 route?


My timeline:

K-1 visa

05 - 16 - 2007 - Sending off of my I-129F package

10 - 16 - 2007-Got NOA2 !!!!

12 - 11 - 2007 Interview date

K1 visa -APPROVED!!!!!!!!!!

January 15, 2008 -married

Submitted docs for AOS ...but ,very unfortunately, my husband had to return back to Ukraine due to emergency without travel document (AP)

Starting K3 process ......

back to the waiting game...

K-3 route

07-10-2008-I-130 sent

07-15-2008-Check cashed

07-16-2008-NOA1 at CSC

07-21-2008-Hard copy of NOA1

07-23-2008-129F sent

07-27-2008-129F received at Chicago lock box (sent by mistake there instead of CSC)..

08-12-2008 I-130 NOA 2 !!!!!!!!!

08-16-2008-I-130 NOA2 hard copy

NVC

08-19-2008 Case is in NVC (Changed my mind and now going CR1 route)

08-21-2008 Got IIN

08-26-2008 Paid AOS Bill online

08-26-2008-Sent DS3032 by mail

08-28-2008 AOS shows as Paid

08-29-2008-AOS package sent USPS overnight

08-29-2008 Paid IV bill online

08-30-2008 IV Bill shows as Paid

09-02-2008 AOS package recieved

09-03-2008 DS230 sent USPS overnight

09-05-2008 Both AOS and DS230 entered in the system

09-12-2008- CASE COMPLETE!!!!! 23 days for NVC ?? !!!! YESSS!!!!

10-29-2008-INTERVIEW!!!!-PASSED!!!!

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Filed: Citizen (pnd) Country: Canada
Timeline
Check and see if you can file the I-131 now and have him pick it up at his embassy later.

Seen something like that but not sure what the circumstances were!

Don't need a AP to leave the US. Just to return!~

You can't leave the country before you file AP, while you are waiting for AP, after AP is approved and you don't have the papers yet. You have to have AP in hand before leaving. End of story. That's the rules.

It sucks, but they are going to have to start all over again.


*Cheryl -- Nova Scotia ....... Jerry -- Oklahoma*

Jan 17, 2014 N-400 submitted

Jan 27, 2014 NOA received and cheque cashed

Feb 13, 2014 Biometrics scheduled

Nov 7, 2014 NOA received and interview scheduled


MAY IS NATIONAL STROKE AWARENESS MONTH
Educate Yourself on the Warning Signs of Stroke -- talk to me, I am a survivor!

"Life is as the little shadow that runs across the grass and loses itself in the sunset" ---Crowfoot

The true measure of a society is how those who have treat those who don't.

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