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K&E2009

Can I Move to the US, Get Married, Then Stay?

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Filed: Other Country: Ireland
Timeline

So after reading all this I think I understand. Wait, no I don't!

My situation is this:

I am Irish

Girlfriend is American

She doesn't know it yet, but I am gonna propose to her in france in 2 weeks

We met almost 3 years ago while working in Asia

We want to move over to America in the next 2 months

She has job offers

I am planning to go with her, get married there and obtain residence

We don't want to spend any time apart

Is it possible to be engaged, not apply for the k-1 visa, get a civil union in America, and then change status, without having to leave?


K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

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Filed: Citizen (apr) Country: Canada
Timeline

Its possible but that is visa fraud.

That comes with MANY issues when you are caught. One of them is deportation and a life time ban from the USA.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: Citizen (apr) Country: Canada
Timeline

So after reading all this I think I understand. Wait, no I don't!

My situation is this:

I am Irish

Girlfriend is American

She doesn't know it yet, but I am gonna propose to her in france in 2 weeks

We met almost 3 years ago while working in Asia

We want to move over to America in the next 2 months

She has job offers

I am planning to go with her, get married there and obtain residence

We don't want to spend any time apart

Is it possible to be engaged, not apply for the k-1 visa, get a civil union in America, and then change status, without having to leave?

You can't do that since you're planning on immigrating using a non-immigrant visa (or visa waiver). You'll have to do either a K-1 or a CR-1 if you get married abroad. I also am curious why you used the term civil union - if you are a same-sex couple, unfortunately the U.S. will not recognize your marriage and you will not be able to immigrate. If you are straight, it is important that you get married - a few states do have separate civil unions that are open to straight people, but those are only recognized by the state and are therefore not useful for immigration. Good luck with the proposal.


AOS (from tourist w/overstay)

1/26/10 - NOA

5/04/10 - interview appt - approved

ROC

2/06/12 - NOA date

7/31/12 - card production ordered

N-400

2/08/13 - NOA date

3/05/13 - biometrics appt

6/18/13 - interview - passed!

7/18/13 - oath ceremony

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Filed: Other Country: Ireland
Timeline

If we got married OUTSIDE America, then went? Would that make any difference? Could I get an AOS when I get there?


K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

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Filed: Citizen (apr) Country: Canada
Timeline

If we got married OUTSIDE America, then went? Would that make any difference? Could I get an AOS when I get there?

Visa Fraud again.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: Other Country: Ireland
Timeline

Sorry, to clear it up... By 'civil union' I mean getting married in a court house and being man and wife in the eyes of the law. Sorry, had the wrong terminology!

So she would have to file something for me. Cr1?? Is that right? Can I be in America while she does this?


K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

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Filed: Citizen (apr) Country: Canada
Timeline

Sorry, to clear it up... By 'civil union' I mean getting married in a court house and being man and wife in the eyes of the law. Sorry, had the wrong terminology!

So she would have to file something for me. Cr1?? Is that right? Can I be in America while she does this?

You can come to america and get married, then she can file the CR-1 you can stay on VWP or as a visitor but you have to return before your visitor status will expire. You cannot over stay your time. You certainly can visit back and forth during the process.

When the CR-1 is approved (around 5 months ish) you must be in your home country to collect documents and have a medical and interview to get the visa.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: K-1 Visa Country: Vietnam
Timeline

You can come to america and get married, then she can file the CR-1 you can stay on VWP or as a visitor but you have to return before your visitor status will expire. You cannot over stay your time. You certainly can visit back and forth during the process.

When the CR-1 is approved (around 5 months ish) you must be in your home country to collect documents and have a medical and interview to get the visa.

+1 :thumbs:

Besides being the proper and legal way, this method also has the advantage that you'll get a green card within a few weeks of entering the US. You won't have to go to an AOS interview. It's also less expensive.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Other Country: Ireland
Timeline

So after 5 months -ish, I will be approved. I get my medical and have my interview at home. Then? Can I go straight to America then? How about my work status in America? Should we get a lawyer to ensure this goes smoothly?


K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

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

me and my husband wanted to the same thing since i was pregnant. Unfortunately if you go there and get married. they get suspicious and if they do you could be denied. once you have your visa in hand you shouldn't have a problem moving to the states. lawyers are a waste of money pretty much if you need to know anything you can post on here.

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Filed: K-1 Visa Country: Canada
Timeline

You do not need a lawyer.... most of us here on VJ have gone through the process on our own. You should read the "Guides" and "Visa FAQ's" sections at the top of the page here on VJ. They will answer all your questions and give you all your options, whether it be K-1 or CR-1, IR-1, etc.

Good luck with your journey!!!!


"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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Filed: K-1 Visa Country: Vietnam
Timeline

So after 5 months -ish, I will be approved. I get my medical and have my interview at home. Then? Can I go straight to America then? How about my work status in America? Should we get a lawyer to ensure this goes smoothly?

Yep, more or less. The petition will be approved in about 5 months. Then the petition will go to the National Visa Center for some additional processing. After that, it will be sent to the US consulate in your home country, and you'll be scheduled for an interview. You get the medical completed, gather up all of the documents needed for the interview, and go to the consulate. After you're approved they'll put the visa in your passport. You can come to the US anytime after that. You'll be entering the US as an immigrant, which means you get a green card automatically. The green card is also permission to work in the US.

The petition process is described here:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1

The process at the National Visa Center is described here:

http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf

The process is reasonably straightforward, albeit severely bureaucratic. If you don't have any criminal history or past problems with US immigration then you shouldn't need a lawyer. Just be ready to study what you need to do, read the instructions for every form carefully, and follow the instructions you get from the consulate. You shouldn't need an attorney.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: AOS (apr) Country: Canada
Timeline

I think the thing that immigration really looks at is intent.

Lets say, I come on VWP and plan to cross the country packpacking for 6 months ... that is my intent. But whoops, I meet a fabulous man on month 2, we packpack together for a couple months, we fall in love, and on a whim decide to marry. Yep you can do that. The intent when crossing the border was to experience life, not to marry an American.

On the other hand, lets say I have a man waiting for me, I want to travel to see him for a week, I go, I marry, I stay. Now you have to prove to the US government that that wasnt your intent when you crossed the border. How are you going to do that ? Lie ? Lying to the US government, any government is fraud.

Its not what you do that really matters, its what are you intentions at the time.

As I learned the procedures here. When ever I went to fly to Texas to see my (then fiance) I would take 3 months bank statements - to prove that I paid a morgage & house bills. That they were current and still in effect. I would take court orders and emails between my ex and I showing the custody agreement, and the emails would reflect my time to get the kids back. I would take a letter of employment stated when I was expected back to work. I over due things like that, but I would rather be over prepaired than rejected. But when I did cross over, all the border guard would ask is, Do you have a job ? Can I see your return ticket ?


~~~ Hes the chance Im taking ~~~

April 2007 - Met online

Oct. 2008 - He came to Canada to meet me

Dec 25 2009 officially engaged

March 2010 - sent off I-129F

March 27 2010 - Vermont receives package :)

April 3 2010 - Informed through mail that cheque is cashed NOA1

May 28 2010 - RFE notification ( yeah Im online checking alot >.< )

June 5 2010 - RFE hardcopy received

June 18 2010 - RFE returned ( had done it June 7 - but USPS returned grrrr )

--- case says we should hear from them in 60 days from June 18 ---

June 23 - Touched

Aug4 - Email notification of NoA2 :)

Aug. 10 - NOA2 Hardcopy received

Sept. 13 - Faxed off Package 3

Sept 14 - Interview notification set for Oct. 5

Oct. 5 2010 Interview Passed

March 17 2011 POE Canadian/US border

April 1 2011 Marriage

Mailed AOS June 1

Chicago Lockbox confirms delivery June 3

Check cashed through bank - notification June 9

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Filed: K-1 Visa Country: Haiti
Timeline

Is it possible to do what you're asking for, but its illegal as far as I know to do such thing, and no VJ members here should encourage such way to immigrate to the US. The proper way would be to get married and file for a Spouse visa outside of the US.

Edited by katiemanny

AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

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