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KG0411

Extremely Confused Newlywed!!

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Ok, so can someone please give me a CLEAR, STEP-BY-STEP BREAKDOWN of what my husband and I must do in order for me to be here, in the states, legally, as a permanent resident. I've been reading so many answers and so many topics on the site and on other external site and I am more confused than ever :wacko:. I am a Canadian citizen. I had entered the US multiple times without an hassle. On June 4, 2010, I was denied entry because I failed to show significant ties to Canada to prove I was returning, including a return flight. I was held for over 2 hours, had my prints taken, as well as other information. I returned back to Canada and gathered all the necessary papers I needed. I went back on June 4, 2010 and provided the papers and was allowed entry. My return is dated for October 17, 2010. I was questioned as to why I was staying for so long and provided proof that I was there for vacation as well as to visit my boyfriend, and special occasions I was invited to(weddings mainly). My boyfriend, then unexpectedly got a marriage license and we just wed last week. We were on the brink of break up, which was also a main reason I came here, to fix things and I told this to the CBP officer. What should I do? As far as I know right now, I can apply for the AOS along with the I-130, or just go with the CR-1 visa route. According to my situation, is it safe to apply for the AOS? If not and I take the CR-1 route, can we send in the forms now and come October 17, 2010, I must leave? Would I be able to come back to visit for just a couple days? For example, for Christmas or New Years? Or, must I wait out until the process is done, and not see my husband until then? :( Thanks for any help!!!! I just need to know exactly what to do based on my situation so we can start them immediately! :help:

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

Hi,

My ad-vice to you would be to stop. Stop reading other sites, stop posting questions (I mean this in a good way).

Here is the thing, the adjustment of status is perfectly legal. As long as you did not intend to stay in the U.S. and adjust status when you entered, you have not done anything wrong. So go ahead and adjust status.

Read the guide, more than once, read the forms. After you have done this you may have some specific questions.

If you apply for the CR1 you can still visit, having a pending visa application does not prohibit you from visiting.

I'm not saying you shouldn't read other sites because VJ is the be all and end all of immigration sites, I say it because you are just going to confuse yourself. All the information you need is here. Once you REALLY understand the guide and the forms, it won't be so confusing :)

Edited by trailmix

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

I'm not saying you shouldn't read other sites because VJ is the be all and end all of immigration sites, I say it because you are just going to confuse yourself. All the information you need is here. Once you REALLY understand the guide and the forms, it won't be so confusing :)

I second that. I spent at least a month just reading and reading and reading before i made my first post. This site and it's members are very helpful and the Wiki's explains the process in detail. I applied for a IR-1/CR-1 and are in the beginning stages but the site has me prepared for the NVC and Consulate stages. Already gathered all the paperwork needed for those stages thanks to the Wiki and the members here.

Just read the information posted, check out he example forms and browse the threads and you'll soon understand what you are supposed to do. :)

sam,

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Now since you just got married, go ahead and file for AOS. They usually forgive preconceived intent for immediate relatives of US citizens, as long as there are no other adverse factors.

Remember, once you leave the US you cannot apply for AOS because any subsequent entry under the tourist visa might be considered fraudulent (because you are already married now to a US citizen).

If you have to leave the US, then you must apply through the consulate.


04/02/2010: AOS I-130, I-485 and I-765 mailed by UPS 2nd Day Air

04/06/2010: Delivered, Signed by Chiba (Day 1)

04/13/2010: Checks cashed, NOAs received via email and text (Day 7)

04/19/2010: Hard NOAs for I-130, I-485 and I-765 received (Day 13)

04/23/2010: Biometrics Appointment received (Day 17)

05/04/2010: RFE for I-864 received (Day 28)

05/06/2010: RFE for I-864 mailed back (Day 30)

05/12/2010: Case processing resumed (Day 36)

05/14/2010: Biometrics Appointment, I-485 and I-765 touched (Day 38)

05/17/2010: I-485 and I-765 touched (Day 41)

06/08/2010: EAD card production ordered (Day 63)

06/19/2010: EAD card received (Day 74)

07/02/2010: Interview letter received (Day 87)

08/04/2010: Interview (Day 120)==> Approved!!. Card Production Ordered text received

08/21/2010: Greencard received (Day 137)

Eligible for ROC: 05/04/2012

Eligible for Naturalization: 08/04/2013

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Filed: AOS (pnd) Country: Benin
Timeline

Now since you just got married, go ahead and file for AOS. They usually forgive preconceived intent for immediate relatives of US citizens, as long as there are no other adverse factors.

Remember, once you leave the US you cannot apply for AOS because any subsequent entry under the tourist visa might be considered fraudulent (because you are already married now to a US citizen).

If you have to leave the US, then you must apply through the consulate.

I second that except to say that I've come to believe what many have said about this topic on this site. That is that intent is not even considered in this situation. It will only be added to a list of reasons to deny if there are other reasons to deny.

So, when reading the guide, you will be frightened by the warning that only some people are eligible to AOS. Ignore that warning. You are eligible.


AOS Timeline

4/14/10 - Packet received at Chicago Lockbox at 9:22 AM (Day 1)

4/24/10 - Received hardcopy NOAs (Day 10)

5/14/10 - Biometrics taken. (Day 31)

5/29/10 - Interview letter received 6/30 at 10:30 (Day 46)

6/30/10 - Interview: 10:30 (Day 77) APPROVED!!!

6/30/10 - EAD received in the mail

7/19/10 - GC in hand! (Day 96) .

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