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Rujby

B1 visa holder married us citizen and living in us

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Greetings,

How is everybody doing? I know I have been absent here along time. I'm happy people are getting their visa and stuffs. Happy new year to everybody and may The Lord bless you all. I have a friend of mine who is Haitian and was married to a us citizen. He is now in the us with a 5 years tourist visa ( b1/b2). How can he change his status? The marriage took place a year ago in the us. Thank you all for UR answers.


Married---07/30/2011

USCIS Stage

11/07/2011-----I-130 Sent

11/10/2011---- NOA1 email received

11/14/2011---- Touched

1/4/2012 ------ RFE ( Request for Evidence ) email received

1/13/2012------ RFE document mailed to USCIS

1/25/2012------ NOA2 APPROVED ( Yahoooooooo )

NVC Stage

1/31/2012-------Case received at NVC

2/08/2012------- Case number received, IIN, both petitionner and benificiary email given

2/08/2012------- DS 3032 ( choice of agent ) emailed to NVC

2/10/2012------- AOS fee bill paid ( status: in progress)

2/13/2012--------DS 3032 accepted

2/14/2012-------- AOS fee bill shows " PAID" and IV fee bill invoiced

2/16/2012-------- IV fee bill shows " PAID"

2/17/2012-------- IV package sent via USPS

2/24/2012-------- IV package reviewed and accepted

3/27/2012-------- AOS checklist express mailed via USPS

3/28/2012-------- AOS Checklist received by NVC

3/30/2012-------- Case Complete ( Thank you Lord )

Medical / Consulate / POE

5/11/2012-------- Medical Exam

6/12/2012-------- Interview date / APPROVED

6/21/2012 -------- POE Newark, NJ

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**** Moving from CR-1 to AOS from Tourist visa ****

Are you saying he came a year ago to get married and overstayed his tourist visa? Was that his intention when he entered the USA the last time? Was he asked about his plans at the airport?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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**** Moving from CR-1 to AOS from Tourist visa ****

Are you saying he came a year ago to get married and overstayed his tourist visa? Was that his intention when he entered the USA the last time? Was he asked about his plans at the airport?

He came for vacation to see his girlfriend and they ended up marrying. He didn't overstay on the visa, he stayed for 2 weeks only and return to Haiti. Yes they asked him at the airport the reason he came and he answered for vacation. So what can he do? What are the steps?


Married---07/30/2011

USCIS Stage

11/07/2011-----I-130 Sent

11/10/2011---- NOA1 email received

11/14/2011---- Touched

1/4/2012 ------ RFE ( Request for Evidence ) email received

1/13/2012------ RFE document mailed to USCIS

1/25/2012------ NOA2 APPROVED ( Yahoooooooo )

NVC Stage

1/31/2012-------Case received at NVC

2/08/2012------- Case number received, IIN, both petitionner and benificiary email given

2/08/2012------- DS 3032 ( choice of agent ) emailed to NVC

2/10/2012------- AOS fee bill paid ( status: in progress)

2/13/2012--------DS 3032 accepted

2/14/2012-------- AOS fee bill shows " PAID" and IV fee bill invoiced

2/16/2012-------- IV fee bill shows " PAID"

2/17/2012-------- IV package sent via USPS

2/24/2012-------- IV package reviewed and accepted

3/27/2012-------- AOS checklist express mailed via USPS

3/28/2012-------- AOS Checklist received by NVC

3/30/2012-------- Case Complete ( Thank you Lord )

Medical / Consulate / POE

5/11/2012-------- Medical Exam

6/12/2012-------- Interview date / APPROVED

6/21/2012 -------- POE Newark, NJ

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Oh ok, from where you posted and what you said, it sounded like he is currently in the USA. As he is in Haiti, he cannot change his status but his wife can file for a CR-1 spousal visa for him, the guide is here: http://www.visajourney.com/content/i130guide1 He can use his tourist visa to visit her during the process, but he cannot travel to the USA on the tourist visa and then adjust status, that would be visa fraud.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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He can use his tourist visa to visit her during the process, but he cannot travel to the USA on the tourist visa and then adjust status, that would be visa fraud.

Is that true? I've heard that they won't let someone in if they are in the process of changing their status, since their working assumption is that people will overstay their visas anyway.

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Is that true? I've heard that they won't let someone in if they are in the process of changing their status, since their working assumption is that people will overstay their visas anyway.

Yes, it is true. It is still up to the border guard if they allow entry or not, so the foreign spouse should bring along proof of ties to home, but having an immigration process under way can actually work to your benefit.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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