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Should we marry first then apply for I-130 or go the K1 route.

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Filed: Country: Australia
Timeline

Hi, any help would be appreciated.

I intend going to the US in late July with the intention of marrying my US fiance in August. My questions are:

If we do get married and apply for a I-130, can I stay in the US until we get approval i.e. longer than the 3 month visa waiver.

Should I go home when the 3 months are up to sell up.

Will I be able to enter the US again while things are pending.

Should I go the Fiance Visa option and wait here in Australia.

Sorry for all the questions but it's all so confusing.

Thank You

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Filed: Citizen (apr) Country: Canada
Timeline

Do not over stay VWP under any circumstance. Always return before the time allotted expires.

You can visit during the I-130 process, you can also visit during the I-129F fiance(e) visa process. You just need to bring proof of ties to your country.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: Country: Australia
Timeline

Do not over stay VWP under any circumstance. Always return before the time allotted expires.

You can visit during the I-130 process, you can also visit during the I-129F fiance(e) visa process. You just need to bring proof of ties to your country.

Thanks for that Inky. I was unsure but will now not stay longer than I'm allowed. BUT.. what about any interviews, would I have them at the Australian Embassy?

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Filed: AOS (apr) Country: Australia
Timeline

Mhmmm, your interview will be in Sydney, it's the only one in Oz that processes immigrant visa's


Finally time for AOS.......

12/07/11 Sent AOS package

12/09/11 AOS package delivered

12/14/11 Received NOA for I-485 and I-765 (we're not applying for AP)

12/22/11 Received letter for Biometrics

01/04/12 Biometrics in Phoenix

01/31/12 Received email update from USCIS saying that we've been scheduled for an interview

02/03/12 Got an email saying card production had been ordered for my EAD...now just to wait for the card...

02/09/12 Received email saying EAD card has been sent

02/13/12 Received EAD card :D :D :D :D

03/06/12 Interview in Phoenix :).....Approved :D

03/14/12 Received Green card in mail.....

....no more USCIS until December 2013

event.png

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Its tricky, when you enter this time with VWP, do you have return ticket and other proof to show you have strong ties with Australia? If not (like me last time) They won't let you in, and they will ask you and phone your USC boyfriend/girlfriend if you intended to marry in this 90 day period. THEY DON'T WANT PEOPLE TO MARRY THAT WAY!!!!!

then of course, if people really got married without any 'intention', you can apply for AOS during your 90 day period and wait for it until it's approved (that will be well past the 90 days) that is allowed as long as you put in your application within the 90 days.


~My Timeline~ K1
Consulate : Sydney, Australia
I-129F Sent : 2011-09-30
I-129F NOA1 : 2011-10-05
I-129F NOA2 : 2012-02-14
NVC Left : 2012-02-23
Packet 3 Received : 2012-02-27
Packet 3 Sent : 2012-03-15
Interview: May 1, 2012
Visa Received : 2012-05-15 (long 14 days, and there was a big hiccup!)
US Entry : 2012-05-25
+ Marriage : 2012-06-18
+ Applied for SSN: 2012-06-22 (got it 4 days later)


AOS
I-485 with EAD and AP Sent: 2012-07-02
NOA: 2012-7-10
Biometrics: 2012-8-8
EAD/AP card in hand: 2012-9-10
Interview: 2012-9-25 and approved! They took my EAD/AP.
Green card in hand: 2012-10-03 yay!!!

ROC

I-751 sent: 2014-9-9

NOA1 received: 2014-9-13 (dated 9-11)

Bio letter received: 2014-9-25 (dated 9-19)

Bio appt: 2014-10-6 (no interview)

Card in hand: 2014-Dec

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Filed: Country: Australia
Timeline

Its tricky, when you enter this time with VWP, do you have return ticket and other proof to show you have strong ties with Australia? If not (like me last time) They won't let you in, and they will ask you and phone your USC boyfriend/girlfriend if you intended to marry in this 90 day period. THEY DON'T WANT PEOPLE TO MARRY THAT WAY!!!!!

then of course, if people really got married without any 'intention', you can apply for AOS during your 90 day period and wait for it until it's approved (that will be well past the 90 days) that is allowed as long as you put in your application within the 90 days.

Thanks for your input. I have been to the US 3 times in the last 18 months and have never been asked if I was here to get married. I still have a house, car etc here in Australia so I have strong ties here still, I will take paperwork to prove this. I have bought a return ticket and do intend returning to Australia to sort things out. My fiance and I want to do this right. We are talking to an Immigration Attorney later this week for advice. Fingers crossed

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I went twice in 3 months and was grilled the second time by immigration about my intentions and given the speil about it being illegal to enter the country on a VWP with the intention of marrying an US citizen for immigration purposes. It was rather intimidating, particularly seeing as we were a relatively new couple and hadn't decided we wanted to get married yet! I felt very pressured lol.

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Filed: AOS (apr) Country: Australia
Timeline

Hi, any help would be appreciated.

I intend going to the US in late July with the intention of marrying my US fiance in August. My questions are:

If we do get married and apply for a I-130, can I stay in the US until we get approval i.e. longer than the 3 month visa waiver.

Should I go home when the 3 months are up to sell up.

Will I be able to enter the US again while things are pending.

Should I go the Fiance Visa option and wait here in Australia.

Sorry for all the questions but it's all so confusing.

Thank You

I would strongly advise you to go over on VWP and come back at the end of your 90 days stay do NOT stay over past that date. My personal opinion is you can get married while there yes but then you must return and your spouse will then apply for CR1 spousal visa. If you don't want to be apart from your spouse as it can be harder than a fiance then I suggest to you while you are visiting get started on the 129f petition for fiance visa. They both take the same approx time and that way you are doing it all legal and above board. You can take over copies of your paperwork for your fiance to submit and can actually get the ball rolling while you are there.

Don't try and get married and stay and think you can apply for 130 and not return big problem with that. Just do as suggested and you will be fine.

Oh and all interviews are done in Sydney at the US consulate.

Edited by Barbara J

Divorced !st November 2012.

Married only 2 years 1 month

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I went twice in 3 months and was grilled the second time by immigration about my intentions and given the speil about it being illegal to enter the country on a VWP with the intention of marrying an US citizen for immigration purposes. It was rather intimidating, particularly seeing as we were a relatively new couple and hadn't decided we wanted to get married yet! I felt very pressured lol.

Yeah exactly, I got grilled at Philadelphia airport on my 2nd time!!!! They were going through my things without asking me first.


~My Timeline~ K1
Consulate : Sydney, Australia
I-129F Sent : 2011-09-30
I-129F NOA1 : 2011-10-05
I-129F NOA2 : 2012-02-14
NVC Left : 2012-02-23
Packet 3 Received : 2012-02-27
Packet 3 Sent : 2012-03-15
Interview: May 1, 2012
Visa Received : 2012-05-15 (long 14 days, and there was a big hiccup!)
US Entry : 2012-05-25
+ Marriage : 2012-06-18
+ Applied for SSN: 2012-06-22 (got it 4 days later)


AOS
I-485 with EAD and AP Sent: 2012-07-02
NOA: 2012-7-10
Biometrics: 2012-8-8
EAD/AP card in hand: 2012-9-10
Interview: 2012-9-25 and approved! They took my EAD/AP.
Green card in hand: 2012-10-03 yay!!!

ROC

I-751 sent: 2014-9-9

NOA1 received: 2014-9-13 (dated 9-11)

Bio letter received: 2014-9-25 (dated 9-19)

Bio appt: 2014-10-6 (no interview)

Card in hand: 2014-Dec

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Filed: AOS (apr) Country: Australia
Timeline

What did you decide to do?


We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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Filed: Country: Australia
Timeline

What did you decide to do?

Hi BrittandDan, we spoke to an attorney and have decided to get married when I go over in July and start the paperwork after that. We're not far from Minneapolis (South Dakota). Unfortunately I have to come back after the 3 months are over but will go back and forth until the paperwork is finalised. It's going to be tough but we'll get there.

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Filed: AOS (apr) Country: Australia
Timeline

Hi BrittandDan, we spoke to an attorney and have decided to get married when I go over in July and start the paperwork after that. We're not far from Minneapolis (South Dakota). Unfortunately I have to come back after the 3 months are over but will go back and forth until the paperwork is finalised. It's going to be tough but we'll get there.

Congratulations on your decision, what made you make said choice?

Be careful when traveling back and forth so it does not look like you are trying to live in the US- remember CBP can deny you entry any time.

Now for the waiting game :)


We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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