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Merrytooth

Need to explain my 2 K1 visas in AOS?

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Hi, I'm gathering documents to file for adjustment of status from K1 status.

I have enough problems from the missing NOA2 already.

Another unique situation of mine, is that I have 2 K1 Visa - 1 Original K1 Visa and 1 reissued K1 Visa.

My timeline

12/24/2009 Entered US on K1 Visa, I-94 was stamped to valid till 03/24/2010

01/18/2010 Due to work emergency, returned home without getting married within 90 days

02/24/2010 K1 Visa reissued at US Consulate based on 9 FAM 41.81 N6.3 Reissuance of K-1 visa

K1 Visa expiration date 03/23/2010. US Consulate officer said I must go over to US and get married before 03/23/2010.

03/11/2010 Entered US on reissued K1 Visa, I-94 was stamped to valid till 10 Sep 2010

03/19/2010 Got Married, within the 90 days counting from the first US entry 12/24/2009 on original K1 visa

Should I do a write up in my AOS packet to explain why I have 2 K1 Visa stamps in my passport?

Will the USCIS understand the situation or will it cause more problems for me??

In I-485 form, Part 3: Processing Information, for Nonimmigrant Visa number, put in the latest K1 visa number?

Done with K1, AOS and ROC

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I have been talking with Li Ping (merrytooth) and I am stuck on advice, I advised her to post here for help. Below is my summary and understanding.

In a nutshell:

1) If they do not have the NOA2 from the I129F approval, is there any way around filing an I-824 and spending another $340 for a copy of the original NOA2 (which they do not have).

2) Her K-1 was revalidated to enter the US but the CO told her she had to meet the date requirements of the original (she did reenter and get married within the time frame of the origianl K-1 and I-94). So should she use the info from the original K-1 and I-94.

What about the 2nd K-1? Should she provide a copy with some explanation as to why there are two? It sounds like this was really just to allow entry back in to the US but the original is the governing document for the process.

I've been reading and reading and I just cant find the answers - I'm stumped - hopefully the VJ family can help! :thumbs:

6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

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The best thing to do is to write a cover letter explaining the situation. What you've written here is fine. If the person who reviews the case is confused, they will send it to an interview, and you'll get to talk to someone face to face.

Be sure that you provide all of your documentation showing that you met the requirements (You HAVE, just make sure you make it clear).

There are a few people who for one reason or another don't have NOA2s, I'm not 100% sure, but from what I remember, none of them paid hundreds to get a new copy, and they were all approved in the end. See if you can find a thread by Hanna + Vito (or Hannah & Vito etc) in this forum where they too were missing their NOA2.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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