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Filled I-130 out-of-country for spouse, is using AOS still fraud?

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Hello I'm new to this whole visa process and while I've done some research, I still have a few questions.

My background: I am living in Japan. Last year I married a filipino and she is living with me in Japan. I'm planning on moving back to the US this summer so about a week ago I mailed off a I-130 petition(there are reasons we didn't submit it sooner). I had planned on submitting a I-129F petition once I got the N0A1 from my I-130 petition, but now that I've looked at the timelines on this forum, it seems the processing time for getting a K3 visa is no quicker than getting a greencard(around 300 days). Is this correct?

She already has a US tourist visa valid for 10 years. So my question is, when I move back to the US in July, could she come with me and apply for an adjustment of status then? Or this still considered fraud?

Thank you for your help.

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Hello I'm new to this whole visa process and while I've done some research, I still have a few questions.

My background: I am living in Japan. Last year I married a filipino and she is living with me in Japan. I'm planning on moving back to the US this summer so about a week ago I mailed off a I-130 petition(there are reasons we didn't submit it sooner). I had planned on submitting a I-129F petition once I got the N0A1 from my I-130 petition, but now that I've looked at the timelines on this forum, it seems the processing time for getting a K3 visa is no quicker than getting a greencard(around 300 days). Is this correct?

She already has a US tourist visa valid for 10 years. So my question is, when I move back to the US in July, could she come with me and apply for an adjustment of status then? Or this still considered fraud?

Thank you for your help.

it's considered fraud if your intent is to immigrate. If the intent is only a vacation or a visit... then it's not fraud.

to bad it wasn't just a visit... then after your visit it's okay to have intent to imigrate but not before.

talk about a flawed system!

and yes.... the K3 is 99.9 % DEAD !

Edited by RobbyUSA

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My background: I am living in Japan. Last year I married a filipino and she is living with me in Japan. I'm planning on moving back to the US this summer so about a week ago I mailed off a I-130 petition(there are reasons we didn't submit it sooner). I had planned on submitting a I-129F petition once I got the N0A1 from my I-130 petition, but now that I've looked at the timelines on this forum, it seems the processing time for getting a K3 visa is no quicker than getting a greencard(around 300 days). Is this correct?

Don't bother pursuing a K3, USCIS ties the two petitions together and the NVC usually receives the approved petitions at the same time. When the NVC receives the two approved petitions, they administratively close the I-129F that was filed to start the K3 process leaving only the I-130 active. The active I-130 petition places you on the CR-1 path.

could she come with me and apply for an adjustment of status then? Or this still considered fraud?

That's a non-starter, as you already stated, it's fraud.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Don't bother pursuing a K3, USCIS ties the two petitions together and the NVC usually receives the approved petitions at the same time. When the NVC receives the two approved petitions, they administratively close the I-129F that was filed to start the K3 process leaving only the I-130 active. The active I-130 petition places you on the CR-1 path.

That's a non-starter, as you already stated, it's fraud.

the fact is.... even if your intent was to only visit... the visit may be considered FRAUD.

the option of coming here to the US with no intent to immigrate is just a mater of luck and lack of knowlege!

Edited by RobbyUSA

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