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tkmarlow

religious work visa holder getting married July 5 2009 in USA to USC

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Filed: AOS (apr) Country: Canada
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My friend is in the USA on a religious work visa. She is engaged to a USC. She is a Canadian. Her fiance and her decided to get married July 5th 2009. She doesn't have a K-1 visa or such but is CURRENTLY in the USA legally. Can she get married on July 5th, 2009 without being here on a K-1 Visa and file for AOS right after they get married? She isn't leaving the USA anytime soon so she can stay here thru the process. Is there anything different she needs to do when filing for AOS since she is not a K-1 or K-3 holder but only a Religious Work Visa holder??

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My friend is in the USA on a religious work visa. She is engaged to a USC. She is a Canadian. Her fiance and her decided to get married July 5th 2009. She doesn't have a K-1 visa or such but is CURRENTLY in the USA legally. Can she get married on July 5th, 2009 without being here on a K-1 Visa and file for AOS right after they get married? She isn't leaving the USA anytime soon so she can stay here thru the process. Is there anything different she needs to do when filing for AOS since she is not a K-1 or K-3 holder but only a Religious Work Visa holder??

Read this guide up top:

US Citizen and Spouse both live/reside in the US:

-----o I-130 Petition and Adjustment of Status Guide

She can get married on the R-1, I see nothing in the write up that says she can't.

However, it's up to USCIS if they will allow the AOS.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Yes. R-1 allows dual-intent. For tkmarlow: your friend should also investigate whether it's faster to do AOS or CP (at Montreal) based on her location in US.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

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As long as the LORD's beside me, I don't care if this road ever ends.

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