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greeneyes86

AOS through marriage - Need answers please -

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Filed: K-1 Visa Country: Germany
Timeline

Don't want to rain on anyone's parade but... I know that people do get away with coming on visa waiver and on the spur of the moment decide to get married and adjust status from that but wondering if 2 months planning a wedding would still count as "spur of the moment" so you might want to investigate that before you might land yourself in trouble for that - maybe someone reading knows if you're good with that or if that could cause a problem at the interview state of AOS?

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The facts that there was a two-year separation and that you never applied for a GC through your former spouse both work in your favor. If the divorce decree states the separation date, that would be very good. Otherwise, I'd consider submitting the legal separation IN ADDITION to the divorce decree. Two weeks between divorce and remarriage look suspicious but the two-year separation is much less suspicious.

Agreed. I would point it out to the IO as well at your interview. Our IO very clearly did NOT read the entire decree and jumped right on the short time frame between marriages. Once I clearly laid out when I was separates, started dating my husband, etc., she chilled out somewhat.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: AOS (apr) Country: Canada
Timeline

Don't want to rain on anyone's parade but... I know that people do get away with coming on visa waiver and on the spur of the moment decide to get married and adjust status from that but wondering if 2 months planning a wedding would still count as "spur of the moment" so you might want to investigate that before you might land yourself in trouble for that - maybe someone reading knows if you're good with that or if that could cause a problem at the interview state of AOS?

1. It isn't referred to as 'getting away with'.

2. The wedding does not have to be 'spur of the moment'. AOS is about changing your mind after you arrived in the country. The fiancé asked her to marry him and thus her intent changed. This does not mean they have to get married immediately in order to AOS.

3. This will not present any problem at the interview.

:thumbs:

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Filed: AOS (apr) Country: Canada
Timeline

Don't want to rain on anyone's parade but... I know that people do get away with coming on visa waiver and on the spur of the moment decide to get married and adjust status from that but wondering if 2 months planning a wedding would still count as "spur of the moment" so you might want to investigate that before you might land yourself in trouble for that - maybe someone reading knows if you're good with that or if that could cause a problem at the interview state of AOS?

I was told that this was only important if you got married right after you entered. So, for example you spent 2 months planning BEFORE you entered, then got married a week later. It doesn't sound like that's what is happening here.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: Timeline

Don't want to rain on anyone's parade but... I know that people do get away with coming on visa waiver and on the spur of the moment decide to get married and adjust status from that but wondering if 2 months planning a wedding would still count as "spur of the moment" so you might want to investigate that before you might land yourself in trouble for that - maybe someone reading knows if you're good with that or if that could cause a problem at the interview state of AOS?

she can't enter the country with the intent to immigrate, but even if you change your mind within 5 mins after inspection, because your boyfriend asked you to marry him, it will be legal. all what counts is, that she answered truthfully to the IO. then ... you can spend X days if you want to plan your wedding and tie the knot.

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