Obtained my visa Today - Sharing my experience and learning !

[crystalbel 0]

7 months exactly... this is how long it took for us to obtain a visa ! We went to the immigration office this morning and it took just 20 minutes for the immigration officer to say " I am going to approve your application for resident".. whaooo !!!!

My husband and I met in 2011. I was working in the USA under the H1B visa. Unfortunately, I got laid off in Feb 2012. My husband suggested that we get married so that I can continue to stay in the USA. However, I was not ready for marriage. With the laid off, I had to convert my visa from a H1B visa to a visitor visa. The visitor visa allowed me to stay in the USA for another 4 mths till July 2012. I knew that I had to leave the country and re-enter again. I am visa waiver country and hence could stay for 3 months with each entry. We chose to go to Laredo which is about 3 hours drive. Re-entry was a pain as the border officers confused with my stats. They were still showing me on H1B visa on their computer. It took almost 2 hours to sort it out and they allowed me in till Aug 2012. So I continued to stay in the USA till Aug 2012 and then we went to Montreal so that I can re-enter again. With this, I was told by the immigration that I could remain till Dec 2012.

We finally decided that all this traveling is way too much and decided to get married. We explored all the option and used this form alot. Every thing seems to indicate that CR1 is the best path to take. With this decision, we went back to Singapore for the wedding and submitted the papers for CR1.

The original plan was for me to continue to stay in Singapore till we could get the visa approved. However, it was way too hard to be separated. I flew back to the USA 2 weeks after the wedding. With this entry, I was allowed to stay for another 3 months in the USA till Feb 2013.

We flew out of the USA in Feb 2013 back to Singapore for the CHinese NEw year and also because I need to get out of the country. We received the NOA2 approval while in Singapore. We were surprised by it as we did not expect to receive it within 89 days. My husband suggested that I go back to the USA with him while waiting for the interview date.

The trip back was a nightmare. I was detained at the Houston airport. Apparently, the many trips made caught the attention of the immigration. And the trip to Montreal earlier was not captured in their system. I was in the room for 6 hours and they finally let me out with the warning " DO not leave the country till you have your green card".. and gave me a I90 stamp with "until green card approval"

We called the immigration office after we arrived in the USA and the immigration office suggested that I put in a "Change in status application" instead. So we put in the papers for change in status in the USA in Feb 2013.

I received my EAD in May 2013 and we had our interview today ! And of course the conditional visa !

Some learning :

1. It is perfectly ok to visit your spouse while you are waiting for your application to be approved. ( On hind side, I should not turn around in Mexico or Canada. I realized that one need to be in Mexico or Canada for a week for the clock to be reset. I was lucky that the immigration did not detect this for my case. I should have leave the USA to other countries for at least 2 weeks before re- entry)

2. I have talked to many friends.. and they confirmed that it is possible and acceptable to get marry in the USA and apply for adjustment in status... which will allow you to stay in the USA with your spouse. One of my friend lost her H1b and got married immediately so that she can submit a " adjustment in status". She did not leave the country at all ! Of course, one have to take risk for this path.. but it works for some.

3. Be patient and be prepare to spend a lot of money.

It is frustrating to go through this process.. and I am lucky that ours got approve fast and easy. Now.. for the next submission to apply for permanent resident in 2015.

[Kathryn41 3,205]

Congratulations on your 'visa' - but you actually didn't get a visa - you became a permanent resident and got your green card. A visa is permission to enter the US and as you were already in the US you didn't need a visa.

While your plan worked for you, I would like to add some cautions to your 3 comments.

First, you started on the correct immigration path - pursuing a CR-1 visa - which is permission to move and live in the US as a permanent resident sponsored by a family member. You ran into trouble, however, because you misunderstood what it means to 'reset' your out of country time. You are not supposed to leave the country and then turn around and come back expecting to have another 90 day admissions. You are expected to be outside of the US for at least, if not longer, the same amount of time that you are in the US. So, if you are in the US for 90 days, you are expected to be out of the US for 90 days. This is why you were questioned by border authorities when you entered.

As well, if you are already in the US and did not have any intention when you entered the US of marrying and planning to adjust status while in the US, US immigration understands that people's plans can change and you are allowed to file to change status from your existing status (usually worker or student, sometimes visitor) to that of permanent resident. This is the option that you were given on your last entry - a very unusual option actually. In many cases, they will deny entry and insist that you wait out the rest of the visa from outside of the US. You are unbelievably lucky in this - and in all of my years here on VJ, you are the first person I have ever heard of being given this option.

So, while you were allowed to do this legally, in general, entering the US with a non-immigrant status (other than fiance) with the intention of remaining in the US and adjusting status to Permanent Resident is considered visa fraud and is illegal. It has the potential to lead to a denial of the petition and the need to leave the US and start all over again from the beginning, plus deal with any immigration related problems (eg. misrepresentation, etc). While people do do this and may be allowed to do this, it is still considered visa fraud and is why so many visitors have such a hassle at the border and why many are denied entry in the first place.

So, again, congratulations and I just didn't want people to get the wrong impression that your route is the usual one and that they can expect to be as lucky as you were. The odds are against it.

Edited June 11, 2013 by Kathryn41

[Merrytooth 5,748]

Kathryn41 is right

[Darnell 8,478]

Is very interesting how things worked out. I note there are no 'visa offices' in the USA.

OK la - time for curry laksa !

Edited June 11, 2013 by Darnell

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas Progress Reports.