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Purple_Lilac

I don't want to leave him!

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Filed: Timeline

I need opinions, advice, ideas, reassurance, anything! I entered the US (from Canada) with intentions of marrying the love of my life. I didn't mention that to the border officer (obviously) in fear of being denied entry. A couple of weeks after entering the States, I married my darling (happiest day of my life!) and though I know I'm not legally allowed to stay, I do not wish to leave my husband's side ... I don't want to go back home and apply for a K-3 Visa or a CR-1 Visa. I just want to apply for AOS so that I can stay with my husband. Please help me. :(

P.S. I know I'd have to lie and risk being deported.

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Filed: Timeline

Per Matter of Cavazos,

"Where a finding of preconceived intent was the only negative factor cited by the immigration judge in denying the respondent's application for adjustment of status as the beneficiary of an approved immediate relative visa petition and no additional adverse matters are apparent in the record, and where significant equities are presented by the respondent's United States citizen wife and child, a grant of adjustment of status is warranted as a matter of discretion."

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

At this point it sounds like you two should proceed with the adjustment of status petition.

Being truthful going forward would be advisable.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Citizen (apr) Country: Ireland
Timeline

Did they specifically ask you whether you intend to get married? If not, you did not lie.

I agree with Anh Map.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: AOS (apr) Country: Canada
Timeline

I don't think you really need our advice. I am pretty sure you know what to do already. Most of the people here would want to be politically correct and tell you to "do it the right way" and that "this forum is not to harbor people who intentionally want to break the law" etc. However, You clearly express your intention and desire to stay and adjust status. I would just go ahead with the process and risk it since the alternative is not an option for you.

BTW... what type of Visa did you come in on? or no visa at all ?

7/20/09 - When we met
9/16/09 - When we started dating
1/15/10 - Moved in together
9/3/10 - Marriage
11/10/10 - Filed AOS at Chicago lockbox
11/12/10 - AOS package received
11/17/10 - NOA1
12/27/10 - Biometrics --> canceled due to snow condition
1/18/11 - Advance Parole approved
1/26/11 - Biometrics Completed
1/31/11 - EAD in production
2/7/11 - EAD Recieved
2/18/11 - Applied for SSN
2/28/11 - Received SS Card
8/5/11 - Interview letter mailed
9/8/11 - Interview @9am
9/9/11 - Card Production
9/20/11 - Received Green Card

7/2013 - Submitted Removal of Condition

9/2013 - Biometrics Completed

11/20/2013 - NOA1 - Request for Evidence

12/20/2013 - RFE returned

1/2014 - 10 year green card approved.

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Filed: Timeline

Anh map: If I'm truthful (which I'd rather be), would I really stand a chance? (or not likely?)

Penguin_ie: No, they did not ask me. I just told them I was visiting my boyfriend.

siasimba: No Visa. At this point I'm just confused, I really don't want to leave my husband but I also don't want to break the law. I married him because I love him dearly. I don't plan on ever leaving him. What we have is true love. The only reason I don't want to take the CR-1 route is because I don't want to be away from him for over 6 months... that's a long time to be apart from the one you love most in this world :(

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It sounds like you're looking for reassurance that things will be okay or for someone to tell you that it's not visa fraud. You already know the laws, you already know your options.

It's visa fraud, but in the end you have to make the decision to take the risk or not. Have you overstayed? Keep in mind that you can stay in the United States as long as your visitor visa allows while a CR-1 or K-3 is processing, and you can also go back and forth, though it is at the discretion of border patrol whether or not to let you in. Keep in mind if you decide to take the risk and adjust status, you cannot return to Canada until you are granted AP, not even for a day, not even to tie up loose ends.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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You will need to return to Canada at some point, as your interview will be there, but you are allowed to continue to use your visitor's visa in the meantime. Since you area already married, you can go ahead (if you choose) and file your paperwork from your CR-1 from within the United States and continue to stay here as long as your visa is valid, until your visa either runs up or you get called for an interview. You can also go back and forth while your CR-1 is processing, but it is at the discretion of the CBP officer whether or not to let you in each time. Nonetheless, it sounds like if you filed ASAP you'd at least be able to ride out 5 months with your husband before having to return to Canada.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: Timeline

ceadsearc: Thank you so much! All this time I thought I had to go back home right away in order to apply for a CR-1 Visa. It makes me feel better knowing that I can do it here (as long as I leave before my 6 months are up). I'll be sure to read more about the whole CR-1 process.

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ceadsearc: Thank you so much! All this time I thought I had to go back home right away in order to apply for a CR-1 Visa. It makes me feel better knowing that I can do it here (as long as I leave before my 6 months are up). I'll be sure to read more about the whole CR-1 process.

Good luck! Be sure to check into the current processing times where your paperwork will be processed (though they can change) to get an idea of how long you'd be looking at beyond the five months. It varies by location, but perhaps you'll get lucky and it won't be too much longer at all.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: Citizen (apr) Country: Germany
Timeline

You will need to return to Canada at some point, as your interview will be there, but you are allowed to continue to use your visitor's visa in the meantime. Since you area already married, you can go ahead (if you choose) and file your paperwork from your CR-1 from within the United States and continue to stay here as long as your visa is valid, until your visa either runs up or you get called for an interview. You can also go back and forth while your CR-1 is processing, but it is at the discretion of the CBP officer whether or not to let you in each time. Nonetheless, it sounds like if you filed ASAP you'd at least be able to ride out 5 months with your husband before having to return to Canada.

I agree. This is the lawful and at the same time for you least painful way to do it. file ASAP, stay until it's either time for the interview or your visa expires, go home, take care of everything you might have to take care of and return with a visa and a clean conscience about doing the right thing.

Nobody wants to be separated from their loved ones but unfortunately, there are some "higher powers" involved here you don't want to mess with.

Good luck and congratulations on your wedding!

Nadine & Kenneth

Our K-1 journey

02/06/2006 filed 129F

07/01/2007 received visa via "Deutsche Post"

08/27/2006 POE Dallas

->view my complete timeline

AOS, EAD and AP

12/6/2006 filed for AOS & EAD

1/05/2007 AOS transferred to California Service Center

01/16/2008 letter to Congressman

03/27/2008 GREENCARD arrived

ROC

02/02/2010 filed I-751

07/01/20010 Greencard arrived

 

Naturalization

12/08/2021 N-400 filed 

03/15/2022 Interview. Approved after "quality review"

05/11/2022 Oath Ceremony

 

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Filed: Timeline

ceadsearc: Thank you so much! All this time I thought I had to go back home right away in order to apply for a CR-1 Visa. It makes me feel better knowing that I can do it here (as long as I leave before my 6 months are up). I'll be sure to read more about the whole CR-1 process.

You should be careful with your decision. It would be in your best interest to talk to an immigration attorney that can adequately guide you based on your specific circumstances. This is a sensitive process, and you're not in a cookie-cutter situation where there's a clear answer, especially when we don't have all the facts.

It is important to know all of your rights and options in this case. You should definitely at least consult with a lawyer before proceeding.

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Filed: Timeline

nane1104: It sucks that these "higher powers" get to decide whether or not I can be with my husband. I know that a lot of people get married for all the wrongs reasons but I didn't. I just want to be with my Love. It doesn't matter where we are on this planet, as long as we're together, I'm happy. I hate how long and stressful this process is. I wish I could just skip to the AOS step but I'm scared to get in trouble. :(

CC90: I'm afraid we can't afford a lawyer. I'll keep researching online for now, and ask for advice I guess.

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Filed: K-1 Visa Country: Canada
Timeline

When you left Canada did you leave a job or a lease or anything at all behind? If you just 'picked up and left' so to speak and you can show that your intention was to return back to Canada, then you can AOS. You can cross over and get married, you can need to prove you didn't have intent to stay once you were married. If you had intent to stay, and quit your job, sold your house and moved across with all your stuff... well then you're taking a big risk just AOSing.

If you file for CR-1 as a Canadian, your process will probably take around a year. So you can stay in the US for the 6 months you are allowed, then you'll have to go back to Canada. You can still go back to the US and visit, you'll just have to be sure to show ties to Canada.

No one wants to be apart, but unfortunately that's life with cross border love. Just look at it this way, once you get your greencard doing the CR1, you never have to be apart ever again. What's a few months out of your whole life?? The process is worth it in the end.

Removing Conditions

Sent package to VSC - 8/12/11

NOA1 - 8/16/11

Biometrics - 9/14/11

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