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sealedkiss

Dilema

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All,

I've posted here once (link) and have since been silent, but I have always frequented this forum.

To sum up: our story:

1. Met online in 2002, kept in touch.

2. Became close in 2004.

3. Met in Vietnam in 12/2005 for 3 weeks.

4. She came to the US (to a different state than mine) on J1 visa without 2-year rule at the end of 6/2006.

5. Met in 7/2006 for 4 days.

6. Met in 8/2006 for 8 days.

7. Met in 10/2006 for 14 days.

8. She will go back to Vietnam mid-Oct/2006, or she could apply for adjustment of status inside the US.

Other facts: I'm a naturalized US citizen and a native of Vietnam. She's a native of Vietnam. I'm one year older than her. We were never married and have no children. We have some evidence: email, very few hand-written letters, phone calls (with phone cards, no phone bills to prove), plane boarding passes, some photos (not a whole lot, but several photos for each visit).

I've since consulted with a few lawyers, both online and in person, both with fees and free of charge. Generally, American lawyers say there should be no problem to go for K1. All Vietnamese lawyers advised against K1 and had me worried.

What should I do? Other specific questions:

1. I've read some, but not all posts. Does anybody know of any denial, even with such a (subjectively) "strong" case like ours?

2. Does it help to hire a lawyer? I found out the fees are ~$3500.

3. If she goes home, what evidence should she take with her for the future K1 interview? I mean things that she sent to me, letters, gifts, etc. that I have but she doesn't.

Thanks a lot for your support.


2006-11-08...I-129F sent to TSC

2006-11-14...I-129F received

2006-11-20...NOA1

2006-11-22...Check cashed

2006-11-27...Touched

2007-02-12...Touched...approved

2007-02-13...Touched

2007-02-20...NOA2 letter arrives in the mail

2007-04-05...Packet 3 received in HCMC

2007-04-12...Packet 3 returned to consulate

2007-05-25...Packet 4 received

2007-06-27...Interview...passed

2007-06-28...Visa received

2008.........2-year green card

2010.........10-year green card

2012-04-03...N-400 sent to Dallas lockbox

2012-04-05...N-400 delivered.

2012-04-06...NOA

2012-05-03...Biometrics

2012-05-07...Placed in line for interview scheduling

2012-06-18...Interview letter received

2012-07-23...Interview date (Newark, NJ)

2012-07-23...Oath

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Filed: Country: United Kingdom
Timeline

Could you start with "why NOT file AOS"? Or at least "the beneifts of filing via K-1 and then returning to AOS are: ".


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Filed: Country: Vietnam
Timeline

Filing for AOS isn't going to get you anywhere if you aren't married.


20-July -03 Meet Nicole

17-May -04 Divorce Final. I-129F submitted to USCIS

02-July -04 NOA1

30-Aug -04 NOA2 (Approved)

13-Sept-04 NVC to HCMC

08-Oc t -04 Pack 3 received and sent

15-Dec -04 Pack 4 received.

24-Jan-05 Interview----------------Passed

28-Feb-05 Visa Issued

06-Mar-05 ----Nicole is here!!EVERYBODY DANCE!

10-Mar-05 --US Marriage

01-Nov-05 -AOS complete

14-Nov-07 -10 year green card approved

12-Mar-09 Citizenship Oath Montebello, CA

May '04- Mar '09! The 5 year journey is complete!

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Filed: Country: Vietnam
Timeline
if you are planning on getting married why go home?

Kezzie

You know this is a good question.

If you are going for a K-1 visa, then that means she will be your fiance. If she is your fiance then you've already committed to marrying her.

I know one thing. If my fiance (now wife) had been able to make it to the U.S and there was a way to keep from having to go through the misery of spending months apart- I wouldn't have hesitated to marry her. Afterall I had already committed to doing that anyway.

It seems to me there shouldn't be any doubt that you want to marry her before you get engaged. If you are still having doubts, then I wouldn't do either the K1 or the Marriage.


20-July -03 Meet Nicole

17-May -04 Divorce Final. I-129F submitted to USCIS

02-July -04 NOA1

30-Aug -04 NOA2 (Approved)

13-Sept-04 NVC to HCMC

08-Oc t -04 Pack 3 received and sent

15-Dec -04 Pack 4 received.

24-Jan-05 Interview----------------Passed

28-Feb-05 Visa Issued

06-Mar-05 ----Nicole is here!!EVERYBODY DANCE!

10-Mar-05 --US Marriage

01-Nov-05 -AOS complete

14-Nov-07 -10 year green card approved

12-Mar-09 Citizenship Oath Montebello, CA

May '04- Mar '09! The 5 year journey is complete!

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Of course if she files for AOS, we would get married soon.

We are not having doubts. She needs to go home fairly soon for a few to several months to help her family (not a life-and-death matter, but it is the right thing to do). Plus she made a commitment with her J1 program sponsor to return home after her program, and she sure does not want to break that promise. She is a very conscientious person, even when love is involved.

Thank you for all your comments.


2006-11-08...I-129F sent to TSC

2006-11-14...I-129F received

2006-11-20...NOA1

2006-11-22...Check cashed

2006-11-27...Touched

2007-02-12...Touched...approved

2007-02-13...Touched

2007-02-20...NOA2 letter arrives in the mail

2007-04-05...Packet 3 received in HCMC

2007-04-12...Packet 3 returned to consulate

2007-05-25...Packet 4 received

2007-06-27...Interview...passed

2007-06-28...Visa received

2008.........2-year green card

2010.........10-year green card

2012-04-03...N-400 sent to Dallas lockbox

2012-04-05...N-400 delivered.

2012-04-06...NOA

2012-05-03...Biometrics

2012-05-07...Placed in line for interview scheduling

2012-06-18...Interview letter received

2012-07-23...Interview date (Newark, NJ)

2012-07-23...Oath

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