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tonyeck

I feel over whelmed and worried...

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Hey there. I have been lurking for a few days looking for a few answers, but I wonder if you guys could help me or point me in the right direction at least!

So, my background... I am a UK citizen and student at University and spent from April 05 to September 06 on a J1 visa in the states working at a graphic design frim in Northern Virginia. Whilst there I met the girl of my dreams (way back in june 05).

She is currently studying with me in the UK as she is doing her second year at degree level, while I finish my final year and graduate in July 07.

We obviously want to stay together after I graduate, but she has to go back to the states to continue her studies in Virginia.

I am looking for my best option to return with her. I have had 2 job offers and are both willing to sponsor me (yet I don't really think they know what they are getting themselves into!). I was under the impression H1 visas are very difficult to get ahold of, and you need to be sorting that out right now. I don't think I can until I have my degree in hand, right?

Ideally, we want to get married. I am going to be 24 when I graduate, and she will be 21, going on 22. We obviously wont have any income because we are full time students. Her mother and would sponsor us financially, plus I have jobs waiting...? Does this help?

Help! I am so confused at what is the best solution. I am really dreading having to leave my loved one and I know most of you have had to do this at some point. It breaks my heart. All we want is to be together!

I would really appreciate any feedback or advice.

Thanks for reading


Tony (UK) and Danielle (US) K-1 Visa journey

2007:

February, 06: Sent I-129f package to the US to be routed to Vermont

February, 09: I-129f forwarded to Vermont USCIS from US Home

February, 12: I-129f arrives VSC :) Journey really starts!

February, 13: NOA1 Reciept date

February, 16: VSC Cashes the check

March, 09: NOA2 Email. yay!

March, 11: Touched... Probably for the last time at VSC :)

March, 14: NVC Recieved package

March, 15: NVC Sent package to London

March, 20: Package recieved in London

March, 28: Packet 3 recieved!

April, 2: Packet 3 Sent back to London

April, 10: Packet 3 recieved by London Embassy

April, 17: Packet 4 recieved

May, 1: Medical

May, 29: Interview! - APPROVED

June, 1: Visa in Hand

July 18: Fly back together POE

July, 24: Legally married!

July 27: Filed for AOS

July 30: AOS recieved in Chiacgo

August 24: NOA1 for EAD, AP and AOS

September 15: Real Marriage with friends and family

September 18: Biometrics

October 3: EAD card production ordered!

October 11: EAD card in hand!

October 15: Case forwarded to California!

Nov, 08: Card production ordered! AWESOME

Nov, 15: Green Card Recieved (even though it's yellow)! AWESOME

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Filed: IR-1/CR-1 Visa Country: Turkey
Timeline
Hey there. I have been lurking for a few days looking for a few answers, but I wonder if you guys could help me or point me in the right direction at least!

So, my background... I am a UK citizen and student at University and spent from April 05 to September 06 on a J1 visa in the states working at a graphic design frim in Northern Virginia. Whilst there I met the girl of my dreams (way back in june 05).

She is currently studying with me in the UK as she is doing her second year at degree level, while I finish my final year and graduate in July 07.

We obviously want to stay together after I graduate, but she has to go back to the states to continue her studies in Virginia.

I am looking for my best option to return with her. I have had 2 job offers and are both willing to sponsor me (yet I don't really think they know what they are getting themselves into!). I was under the impression H1 visas are very difficult to get ahold of, and you need to be sorting that out right now. I don't think I can until I have my degree in hand, right?

Ideally, we want to get married. I am going to be 24 when I graduate, and she will be 21, going on 22. We obviously wont have any income because we are full time students. Her mother and would sponsor us financially, plus I have jobs waiting...? Does this help?

Help! I am so confused at what is the best solution. I am really dreading having to leave my loved one and I know most of you have had to do this at some point. It breaks my heart. All we want is to be together!

I would really appreciate any feedback or advice.

Thanks for reading

First you have to make sure you can even get an H1 visa for one thing. If you went to the USA on a j1, you might be subject to the 2 year HRR and have to either get a waiver for that rule, or serve 2 years in your home country before you can be eligible for any type of immigrant visa. (or the H-1). I assume you've looked into that, but just thought I'd bring it up.

One thing you should be careful about is that you are planning on marrying and immigrating to the USA. But since you want to have a job, as well as not be separated, you first intend to try for an H-1.

It's just not really the way things are done, and is technically illegal........because you are definately planning to marry a US citizen. (if you have definate plans to marry, you're supposed to apply for an immigrant visa, not work visa).

I'd be careful about the way you are planning on doing things, because it might affect your future AOS case.


April 16, 2004 Married in Saint Augustine, Florida.

March 7, 2005 Wife left for Istanbul to serve J-1 2 year HRR. Was a very bad day at Black Rock.

May 23, 2006 USCIS receives application for I-130

June 12, 2006 Noa1

Sept 7, 2006 Noa2 I-130 approved

Oct 10 ,2006 Received fee bill from NVC

Nov 13 ,2006 Received Packet 2 DS-230

Jan 4, 2007 Mailed Packet 2 to NVC

Jan 22, 2007 RFE from NVC aaarrrrgggghhh!!!!!!!!

Feb 28, 2007 NVC received "checklist" response and original documents for the RFE

March 13, 2007 Case completed at NVC! Whoooohoooo!! Ankara, here we come!!!!

March 15, 2007 Case fowarded to Ankara Embassy

April 4, 2007 Interview. Wife gets handed the little green paper. Not good. Need to submit a few more things.

April 9, 2007 Items mailed back to Embassy. Crossing fingers, rubbing the "rabbit's foot", etc,..that this may FINALLY be the end.

April 14, 2007 Visa delivered! Wife is finally going to be on her way back home!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

April 20, 2007 Wife enters through JFK. The days of grabbing my dinners at the WalMart deli....are now officially over!!!

Stay tuned to this channel for further updates..........

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First you have to make sure you can even get an H1 visa for one thing. If you went to the USA on a j1, you might be subject to the 2 year HRR and have to either get a waiver for that rule, or serve 2 years in your home country before you can be eligible for any type of immigrant visa. (or the H-1). I assume you've looked into that, but just thought I'd bring it up.

One thing you should be careful about is that you are planning on marrying and immigrating to the USA. But since you want to have a job, as well as not be separated, you first intend to try for an H-1.

It's just not really the way things are done, and is technically illegal........because you are definately planning to marry a US citizen. (if you have definate plans to marry, you're supposed to apply for an immigrant visa, not work visa).

I'd be careful about the way you are planning on doing things, because it might affect your future AOS case.

I am not subject to the 2 year HRR rule, so thats ok. I may have got my wording mixed up, but let me try and re-phrase.

I want to marry my fiance. Thats the visa I want.

The reason I brought up the H1 visa was just incase we were not eligable, as I would have just graduated with a degree (thus having no income currently) and she is still at university. Both our parents are willing to sponsor us...

Does that clear things up a little? Sorry, I am just a little nervous. We have lived together for 15 months, and by the time she goes back to America it will be 2 years. It will be incredibly hard to let go


Tony (UK) and Danielle (US) K-1 Visa journey

2007:

February, 06: Sent I-129f package to the US to be routed to Vermont

February, 09: I-129f forwarded to Vermont USCIS from US Home

February, 12: I-129f arrives VSC :) Journey really starts!

February, 13: NOA1 Reciept date

February, 16: VSC Cashes the check

March, 09: NOA2 Email. yay!

March, 11: Touched... Probably for the last time at VSC :)

March, 14: NVC Recieved package

March, 15: NVC Sent package to London

March, 20: Package recieved in London

March, 28: Packet 3 recieved!

April, 2: Packet 3 Sent back to London

April, 10: Packet 3 recieved by London Embassy

April, 17: Packet 4 recieved

May, 1: Medical

May, 29: Interview! - APPROVED

June, 1: Visa in Hand

July 18: Fly back together POE

July, 24: Legally married!

July 27: Filed for AOS

July 30: AOS recieved in Chiacgo

August 24: NOA1 for EAD, AP and AOS

September 15: Real Marriage with friends and family

September 18: Biometrics

October 3: EAD card production ordered!

October 11: EAD card in hand!

October 15: Case forwarded to California!

Nov, 08: Card production ordered! AWESOME

Nov, 15: Green Card Recieved (even though it's yellow)! AWESOME

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Your income, as the beneficiary, isn't taken into account for the K-1 fiancé visa; they'll look at hers and whomever she convinces to co-sponsor. So don't worry about being a newly minted uni grad.

You can check the timelines to see how long it will take a K-1 to process through the UK. Once you're here and get the paperwork in, you'll be authorized to work (roughly 4-6 months after the wedding.)


AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

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Your income, as the beneficiary, isn't taken into account for the K-1 fiancé visa; they'll look at hers and whomever she convinces to co-sponsor. So don't worry about being a newly minted uni grad.

You can check the timelines to see how long it will take a K-1 to process through the UK. Once you're here and get the paperwork in, you'll be authorized to work (roughly 4-6 months after the wedding.)

What if she does not have any income because of a student? The co sponsor will have plenty however...

So I cannot work for that amount of time? Thats interesting.... For some reason I was under the impression you can start work even under a K-1 visa? hmmmn Maybe I was wrong!


Tony (UK) and Danielle (US) K-1 Visa journey

2007:

February, 06: Sent I-129f package to the US to be routed to Vermont

February, 09: I-129f forwarded to Vermont USCIS from US Home

February, 12: I-129f arrives VSC :) Journey really starts!

February, 13: NOA1 Reciept date

February, 16: VSC Cashes the check

March, 09: NOA2 Email. yay!

March, 11: Touched... Probably for the last time at VSC :)

March, 14: NVC Recieved package

March, 15: NVC Sent package to London

March, 20: Package recieved in London

March, 28: Packet 3 recieved!

April, 2: Packet 3 Sent back to London

April, 10: Packet 3 recieved by London Embassy

April, 17: Packet 4 recieved

May, 1: Medical

May, 29: Interview! - APPROVED

June, 1: Visa in Hand

July 18: Fly back together POE

July, 24: Legally married!

July 27: Filed for AOS

July 30: AOS recieved in Chiacgo

August 24: NOA1 for EAD, AP and AOS

September 15: Real Marriage with friends and family

September 18: Biometrics

October 3: EAD card production ordered!

October 11: EAD card in hand!

October 15: Case forwarded to California!

Nov, 08: Card production ordered! AWESOME

Nov, 15: Green Card Recieved (even though it's yellow)! AWESOME

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

First you have to make sure you can even get an H1 visa for one thing. If you went to the USA on a j1, you might be subject to the 2 year HRR and have to either get a waiver for that rule, or serve 2 years in your home country before you can be eligible for any type of immigrant visa. (or the H-1). I assume you've looked into that, but just thought I'd bring it up.

One thing you should be careful about is that you are planning on marrying and immigrating to the USA. But since you want to have a job, as well as not be separated, you first intend to try for an H-1.

It's just not really the way things are done, and is technically illegal........because you are definately planning to marry a US citizen. (if you have definate plans to marry, you're supposed to apply for an immigrant visa, not work visa).

I'd be careful about the way you are planning on doing things, because it might affect your future AOS case.

I am not subject to the 2 year HRR rule, so thats ok. I may have got my wording mixed up, but let me try and re-phrase.

I want to marry my fiance. Thats the visa I want.

The reason I brought up the H1 visa was just incase we were not eligable, as I would have just graduated with a degree (thus having no income currently) and she is still at university. Both our parents are willing to sponsor us...

Does that clear things up a little? Sorry, I am just a little nervous. We have lived together for 15 months, and by the time she goes back to America it will be 2 years. It will be incredibly hard to let go

You're not subject to the 2 year rule....and that's the main thing. You're very fortunate in that case. It's a tough rule.

I would think that if both parents are willing to sponsor you financially, (plus...by that time you'd have a degree, so it's not like you wouldn't have some bright future prospects), I'd think you would be okay.

I know being separated for a while is tough.(when you apply for a k-1)...but that's our damn government at work. I wish there was another way too. A lot of us are going through it.

Good luck.


April 16, 2004 Married in Saint Augustine, Florida.

March 7, 2005 Wife left for Istanbul to serve J-1 2 year HRR. Was a very bad day at Black Rock.

May 23, 2006 USCIS receives application for I-130

June 12, 2006 Noa1

Sept 7, 2006 Noa2 I-130 approved

Oct 10 ,2006 Received fee bill from NVC

Nov 13 ,2006 Received Packet 2 DS-230

Jan 4, 2007 Mailed Packet 2 to NVC

Jan 22, 2007 RFE from NVC aaarrrrgggghhh!!!!!!!!

Feb 28, 2007 NVC received "checklist" response and original documents for the RFE

March 13, 2007 Case completed at NVC! Whoooohoooo!! Ankara, here we come!!!!

March 15, 2007 Case fowarded to Ankara Embassy

April 4, 2007 Interview. Wife gets handed the little green paper. Not good. Need to submit a few more things.

April 9, 2007 Items mailed back to Embassy. Crossing fingers, rubbing the "rabbit's foot", etc,..that this may FINALLY be the end.

April 14, 2007 Visa delivered! Wife is finally going to be on her way back home!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

April 20, 2007 Wife enters through JFK. The days of grabbing my dinners at the WalMart deli....are now officially over!!!

Stay tuned to this channel for further updates..........

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You're not subject to the 2 year rule....and that's the main thing. You're very fortunate in that case. It's a tough rule.

I would think that if both parents are willing to sponsor you financially, (plus...by that time you'd have a degree, so it's not like you wouldn't have some bright future prospects), I'd think you would be okay.

I know being separated for a while is tough.(when you apply for a k-1)...but that's our damn government at work. I wish there was another way too. A lot of us are going through it.

Good luck.

Yeah, on my DS 2019 I have the box checked for "not subject for to the two year residence requirement." I assume this was because I earnt a wage there and was not financed by government funds.

Its such a shame to have to go through separation. Its going to be very tough.

I appreciate your help


Tony (UK) and Danielle (US) K-1 Visa journey

2007:

February, 06: Sent I-129f package to the US to be routed to Vermont

February, 09: I-129f forwarded to Vermont USCIS from US Home

February, 12: I-129f arrives VSC :) Journey really starts!

February, 13: NOA1 Reciept date

February, 16: VSC Cashes the check

March, 09: NOA2 Email. yay!

March, 11: Touched... Probably for the last time at VSC :)

March, 14: NVC Recieved package

March, 15: NVC Sent package to London

March, 20: Package recieved in London

March, 28: Packet 3 recieved!

April, 2: Packet 3 Sent back to London

April, 10: Packet 3 recieved by London Embassy

April, 17: Packet 4 recieved

May, 1: Medical

May, 29: Interview! - APPROVED

June, 1: Visa in Hand

July 18: Fly back together POE

July, 24: Legally married!

July 27: Filed for AOS

July 30: AOS recieved in Chiacgo

August 24: NOA1 for EAD, AP and AOS

September 15: Real Marriage with friends and family

September 18: Biometrics

October 3: EAD card production ordered!

October 11: EAD card in hand!

October 15: Case forwarded to California!

Nov, 08: Card production ordered! AWESOME

Nov, 15: Green Card Recieved (even though it's yellow)! AWESOME

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Filed: K-1 Visa Country: Brazil
Timeline
Your income, as the beneficiary, isn't taken into account for the K-1 fiancé visa; they'll look at hers and whomever she convinces to co-sponsor. So don't worry about being a newly minted uni grad.

You can check the timelines to see how long it will take a K-1 to process through the UK. Once you're here and get the paperwork in, you'll be authorized to work (roughly 4-6 months after the wedding.)

The beneficiary's income can come into play if they look into self-sponsoring. Also, sponsors must be USCs or LPRs.

So I cannot work for that amount of time? Thats interesting.... For some reason I was under the impression you can start work even under a K-1 visa? hmmmn Maybe I was wrong!

About work / K-1, see: http://www.visajourney.com/forums/index.ph...page=k1k3ead#k1

Edited by Mew

I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

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Good point about the self-sponsoring. (Don't think it's allowed universally, though.)


AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

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Filed: K-1 Visa Country: Brazil
Timeline
Good point about the self-sponsoring. (Don't think it's allowed universally, though.)

From what I've read, UK is okay about it.

See: http://www.visajourney.com/forums/index.php?showtopic=9573

http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html


I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

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Good point about the self-sponsoring. (Don't think it's allowed universally, though.)

From what I've read, UK is okay about it.

See: http://www.visajourney.com/forums/index.php?showtopic=9573

http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html

Thanks for your help guys! very much appreciated.

Is there anything stopping us getting the ball started while she is in the UK with me on her UK student visa? Come August next summer, we want to be able to get married in as smoot a process as possible!

Does someone physcially need to be state side to start this?


Tony (UK) and Danielle (US) K-1 Visa journey

2007:

February, 06: Sent I-129f package to the US to be routed to Vermont

February, 09: I-129f forwarded to Vermont USCIS from US Home

February, 12: I-129f arrives VSC :) Journey really starts!

February, 13: NOA1 Reciept date

February, 16: VSC Cashes the check

March, 09: NOA2 Email. yay!

March, 11: Touched... Probably for the last time at VSC :)

March, 14: NVC Recieved package

March, 15: NVC Sent package to London

March, 20: Package recieved in London

March, 28: Packet 3 recieved!

April, 2: Packet 3 Sent back to London

April, 10: Packet 3 recieved by London Embassy

April, 17: Packet 4 recieved

May, 1: Medical

May, 29: Interview! - APPROVED

June, 1: Visa in Hand

July 18: Fly back together POE

July, 24: Legally married!

July 27: Filed for AOS

July 30: AOS recieved in Chiacgo

August 24: NOA1 for EAD, AP and AOS

September 15: Real Marriage with friends and family

September 18: Biometrics

October 3: EAD card production ordered!

October 11: EAD card in hand!

October 15: Case forwarded to California!

Nov, 08: Card production ordered! AWESOME

Nov, 15: Green Card Recieved (even though it's yellow)! AWESOME

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Filed: Timeline

Caladan,

Of course it is. What's not universal is foreign fiance(e)s (and spouses in the case of K3) being independently wealthy by US standards.

Yodrak

Good point about the self-sponsoring. (Don't think it's allowed universally, though.)

tonyeck,

RTFM - section 12.

Yodrak

....

Does someone physcially need to be state side to start this?

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Filed: Citizen (pnd) Country: Thailand
Timeline

Since you included alot of personal info, I am going to comment on the personal side of things and say "don't rush into a marriage situation just so that you can continue to be together". The time apart may well do you both good, especially at your ages.

If you are both really in love, and the timing just isn't right for a marriage, why not just wait? There is an old saying that 'absence makes the heart grow fonder' - I don't necessarily agree with that, becuase absence can also help determine if ones heart is true, IMHO.

I've made misakes. I scewed up part of my life, and so when I see posts like this I'm going to comment whether it is 'solicited' or not. I'd hate to see anyone else make the same mistakes I've made.

Bill


I-129f Journey:

2006-07-17 I-129F sent to CSC

2006-07-24 NOA1 (received)

2006-10-05 RFE (received)

2006-10-06 RFE (returned to CSC)

2006-10-23 NOA2

2007-01-29 Visa Approved!

2007-02-17 Ceremony in Thailand

2007-02-21 POE LAX - Fiance and her daughter enter the USA together, Easy-Peasy!

2007-03-05 Wedding in USA

AOS Journey:

2007-06-07 AOS for spouse and daughter sent

2007-06-16 NOA's arrive, (issued on the 13th)

2007-07-05 Biometrics

2007-07-13 Received RFE (Mailed on July 3rd)

2007-08-06 Returned RFE

2007-10-16 Interview date

2007-10-27 Green Cards Received!

ROC (I-751) Journey:

2009-07-24 Joint I-751 for spouse and daughter sent

2009-08-03 Received NOA1 dated 7/27/09

2009-08-03 Received Receipt and one year extension for wife

2009-08-03 Received "Verification Of Incusion Of A Dependent" for step-daughter

2009-08-27 Biometrics

2009-11-13 Green Cards Received

Citizenship Journey:

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Filed: Citizen (pnd) Country: Australia
Timeline

So you are getting married next summer?

If you do a k-1 visa (fiance visa...) you will have time to come into the country....and then once you are IN the country - 90 days to get married.

SO...even if you start NOW...let's say it takes 5-8 months...at the earlest you're in March, latest (assuming all is well) June or so. That's TOTALLY guestimation on my part...but the point is, if you're planning on getting married next summer you'll need to start soon.

That is, of course, unless you're going a different route, get married and then file..and that's a different discussion :)


Finally finished with immigration in 2012!

familyxmas-1-1.jpg

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Since you included alot of personal info, I am going to comment on the personal side of things and say "don't rush into a marriage situation just so that you can continue to be together". The time apart may well do you both good, especially at your ages.

If you are both really in love, and the timing just isn't right for a marriage, why not just wait? There is an old saying that 'absence makes the heart grow fonder' - I don't necessarily agree with that, becuase absence can also help determine if ones heart is true, IMHO.

I've made misakes. I scewed up part of my life, and so when I see posts like this I'm going to comment whether it is 'solicited' or not. I'd hate to see anyone else make the same mistakes I've made.

Bill

Bill,

I really appreciate your comments, and I'd be saying the same thing when reading my comments! We both truely feel at this time that its what we both really want. After graduating, I have ideas I want to set up (working with clients around the world) and we both want to be part of that while being family. We honestly wouldn't be rushing marriage just to stay together, we are just both eager to be starting/continuing our lives together. We don't really want to delay that. Having spent 2 years together living together, we would rather continue that than have to be apart while we wait on something we know we both want. I hope this doesn't come off as a Rant, I am just trying to explain a little...

I do completely understand that this comes off as "young love" doesn't really know what they are doing. But I can't really describe it, but if you knew us as a couple it would be easier to understand.

Thanks for voicing your concerns Bill.


Tony (UK) and Danielle (US) K-1 Visa journey

2007:

February, 06: Sent I-129f package to the US to be routed to Vermont

February, 09: I-129f forwarded to Vermont USCIS from US Home

February, 12: I-129f arrives VSC :) Journey really starts!

February, 13: NOA1 Reciept date

February, 16: VSC Cashes the check

March, 09: NOA2 Email. yay!

March, 11: Touched... Probably for the last time at VSC :)

March, 14: NVC Recieved package

March, 15: NVC Sent package to London

March, 20: Package recieved in London

March, 28: Packet 3 recieved!

April, 2: Packet 3 Sent back to London

April, 10: Packet 3 recieved by London Embassy

April, 17: Packet 4 recieved

May, 1: Medical

May, 29: Interview! - APPROVED

June, 1: Visa in Hand

July 18: Fly back together POE

July, 24: Legally married!

July 27: Filed for AOS

July 30: AOS recieved in Chiacgo

August 24: NOA1 for EAD, AP and AOS

September 15: Real Marriage with friends and family

September 18: Biometrics

October 3: EAD card production ordered!

October 11: EAD card in hand!

October 15: Case forwarded to California!

Nov, 08: Card production ordered! AWESOME

Nov, 15: Green Card Recieved (even though it's yellow)! AWESOME

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