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Filed: Other Timeline

Ok, here is the situation.

Filed I129 F: April 4th

USCIS Approval: September 7th.

Baby is 21 weeks long and STILL the NVC has NOT received our case.

Problem: If she flies back to grand cayman, then she will be 24 weeks, then will have to fly to Jamacia as that is where the "local" embassy is. Then fly again back to the US.

This is dangerous according to our doctor as if it reaches 30+ weeks.

What do we do?

Should we withdraw and just file AOS?

Is that even possible since we filed I129F?

Can we file AOS at this time, since she is able to stay according to her passport until Nov 17th, or are we too late?

We have been trying to play by the rules, but we have reached our boiling point. She got pregnant unexpectedly when she arrived here. So she did come here for a visit originally, but life has thrown us this curve ball and now we wont' have health insurance coverage back home for her (my insurance doesn't cover it) and if she had complications this would be devastating. Any thoughts, words of encourgement, etc would be helpful. We REALLY need advice here.

Thanks,

Dave


David and Marina

USCIS Accountability Starts Here With Your Help!

http://www.petitiononline.com/USCIS/petition.html

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Filed: Other Timeline
Are you married?

No we are not married, but now that she is pregnant, we are considering getting married, as the situation has changed for us. As i stated earlier, we had no intention of getting married before we had all our I129F was approved (hence why we filed that), however, now we want to get married for our baby's sake and our own sanity.


David and Marina

USCIS Accountability Starts Here With Your Help!

http://www.petitiononline.com/USCIS/petition.html

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Filed: Other Timeline

I'd find the closest best immigration lawyer I could find and ask them.

I hope things go ok.......

PLEASE don't misunderstand what I am about to say. When did she enter the country? Was she already pregnant when she entered?

These things could have a bearing on your case.

Edited by rebeccajo

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Filed: Other Timeline
I'd find the closest best immigration lawyer I could find and ask them.

I hope things go ok.......

PLEASE don't misunderstand what I am about to say. When did she enter the country? Was she already pregnant when she entered?

These things could have a bearing on your case.

She entered the country on May 28th, we got pregnant at the beginning of June. No she was not pregnant, nor did we have any intention of her getting pregnant (hence why we filed the 129F. I would love to find an attorney, but non around here will talk to you until you pay them their retainer fee, which I would happily pay if we I knew the answer if it was possible.


David and Marina

USCIS Accountability Starts Here With Your Help!

http://www.petitiononline.com/USCIS/petition.html

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Filed: Timeline

Yes it is possable to do AOS if you entered the US on a visitor visa as long as you did not intend to remain when you entered.... you would need to be married... and yes you should go and talk to a lawyer to check your individual situation....

Good Luck

Kezzie

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Filed: Other Timeline

I'd find the closest best immigration lawyer I could find and ask them.

I hope things go ok.......

PLEASE don't misunderstand what I am about to say. When did she enter the country? Was she already pregnant when she entered?

These things could have a bearing on your case.

She entered the country on May 28th, we got pregnant at the beginning of June. No she was not pregnant, nor did we have any intention of her getting pregnant (hence why we filed the 129F. I would love to find an attorney, but non around here will talk to you until you pay them their retainer fee, which I would happily pay if we I knew the answer if it was possible.

I'm glad you weren't offended by my questions. I think those facts you just gave are at least in your favor.

Immigration law is subject to Federal statute - not state statutes. What that means to you is that you don't have to hire the local guy. If you can locate someone in another state they can represent you. And there are attorneys who do represent people who live WAY off from their physical offices. Just check them out first - for that you CAN look to the Bar Association in that attorney's state.

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I'd find the closest best immigration lawyer I could find and ask them.

I hope things go ok.......

PLEASE don't misunderstand what I am about to say. When did she enter the country? Was she already pregnant when she entered?

These things could have a bearing on your case.

She entered the country on May 28th, we got pregnant at the beginning of June. No she was not pregnant, nor did we have any intention of her getting pregnant (hence why we filed the 129F. I would love to find an attorney, but non around here will talk to you until you pay them their retainer fee, which I would happily pay if we I knew the answer if it was possible.

Tough situation, I would strongly suggest you contact this attorney, Laurel Scott. She will consult for a reasonable fee by phone, and if she can't help you likely can suggest who can.

http://visacentral.net/ her website. Others here, veterans, suggest her highly.

Or try this site, where you can chat with an immigration attorney;

http://www.ilw.com/

Heck do both! Quite a situation you have here. Good luck!


B and J K-1 story

  • April 2004 met online
  • July 16, 2006 Met in person on her birthday in United Arab Emirates
  • August 4, 2006 sent certified mail I-129F packet Neb SC
  • August 9, 2006 NOA1
  • August 21, 2006 received NOA1 in mail
  • October 4, 5, 7, 13 & 17 2006 Touches! 50 day address change... Yes Judith is beautiful, quit staring at her passport photo and approve us!!! Shaming works! LOL
  • October 13, 2006 NOA2! November 2, 2006 NOA2? Huh? NVC already processed and sent us on to Abu Dhabi Consulate!
  • February 12, 2007 Abu Dhabi Interview SUCCESS!!! February 14 Visa in hand!
  • March 6, 2007 she is here!
  • MARCH 14, 2007 WE ARE MARRIED!!!
  • May 5, 2007 Sent AOS/EAD packet
  • May 11, 2007 NOA1 AOS/EAD
  • June 7, 2007 Biometrics appointment
  • June 8, 2007 first post biometrics touch, June 11, next touch...
  • August 1, 2007 AOS Interview! APPROVED!! EAD APPROVED TOO...
  • August 6, 2007 EAD card and Welcome Letter received!
  • August 13, 2007 GREEN CARD received!!! 375 days since mailing the I-129F!

    Remove Conditions:

  • May 1, 2009 first day to file
  • May 9, 2009 mailed I-751 to USCIS CS

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Filed: Citizen (apr) Country: Mexico
Timeline

We contacted a couple of lawyers back in June-July about this option for us - we were tired of waiting on USCIS to do anything!- and as soon as they heard that we had filed the I129F already they told us that AOS was not a good idea for us anymore.

What they told us was that by filing the I129F our "intentions" to marry were already documented AND in USCIS hands, and that made the AOS approval very unlikely. One of them did say that we could always appeal the decision in case of denial, and I would get to stay in the US during the appeal, but we didn't think it was a good option for us.

Your case is different though, and maybe they would consider the pregnancy a strong reason to approve the AOS.

Good luck!


May 1996: Met in Mexico
K1
March 7th, 2006: Sent 129F to NSC
March 9th, 2006: NOA1 Day 1
June 15th, 2006: Notice of transfer to CSC
October 3rd, 2006: IMBRA RFE e-mail
October 17th, 2006 CSC e-mail confirming RFE receipt.
October 18th, 2006: NOA2!!!!!!!! 224 days!
October 25th, 2006: NVC received file
November 10th, 2006: Received Packet from CDJ
January 5th, 2007: Visa approved!!!! 302 days!
February 16th, 2007: Civil Ceremony
AOS
February 21st, 2007: Mailed AOS, EAD & AP to Chicago
March 1st, 2007: NOA1 - Day 1
March 26th, 2007: I-485 transferred to CSC - Day 25
March 30th, 2007: Biometrics appointment - Day 29
April 14th, 2007: Big Wedding!!!!
May 8th, 2007: AP Approved - Day 68
May 10th, 2007: EAD Approved- Day 70
September 20th, 2007: SECOND Biometrics appointment - Day 203
December 4th, 2007: AOS approved!!!! 278 days!
December 10th, 2007: Received GC - Day 284
Removal of Conditions
August 31st, 2009: Mailed I-751 to CSC
September 2nd, 2009: NOA1 - Day 1
October 15th, 2009: Biometrics appointment - Day 44
October 26th, 2009: 10 year GC approved!! - Day 55
October 31st, 2009: Received GC - Day 60

NATURALIZATION

May 7th, 2013: Mailed N-400

May 9th, 2013: NOA1 - Day 1

June 10th, 2013: Biometrics Appointment - Day 33

September 5th, 2013: Interview - Day

September 27th, 2013: Oath Ceremony- Day

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Filed: Timeline
We contacted a couple of lawyers back in June-July about this option for us - we were tired of waiting on USCIS to do anything!- and as soon as they heard that we had filed the I129F already they told us that AOS was not a good idea for us anymore.

Was the alien in the USA at the time you consulted the attorneys?

I'd find the closest best immigration lawyer I could find and ask them.

I hope things go ok.......

PLEASE don't misunderstand what I am about to say. When did she enter the country? Was she already pregnant when she entered?

These things could have a bearing on your case.

She entered the country on May 28th, we got pregnant at the beginning of June. No she was not pregnant, nor did we have any intention of her getting pregnant (hence why we filed the 129F. I would love to find an attorney, but non around here will talk to you until you pay them their retainer fee, which I would happily pay if we I knew the answer if it was possible.

A quick consultation with an attorney should not require a retainer.

She entered on May 28, 2006. Fiancé visa was submitted in April 2006. Did she enter on a visa?

If so, when did she apply for the visa to visit? Was it before or after submitting the I-129F? If after, it could suggest that she had demonstrated ties to her homeland even though there was a fiancé visa in the works.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Filed: Citizen (apr) Country: England
Timeline

http://www.uscis.gov/graphics/howdoi/LPRApplication.htm

(Note: This only applies once she becomes an "immediate family member" - ie. your wife.)


Make sure you're wearing clean knickers. You never know when you'll be run over by a bus.

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