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katychla

Unexpected marriage/panic attack (Canadian on B1)

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Hi guys,

I’m sure there are a TON of people with questions like this, and I found a few threads, but they’re all slightly different and I’m super-paranoid right now.

My bf and I met online a few years ago, we were able to visit each other only every 6 months (alternating between Canada and the States). He quit his job for unrelated reasons and came down to spend an extended visit with me. Originally his ticket was for 9 months out, then we realized that would overstay his tourist B-1 so we pulled in the ticket for early July (90 days ish) so that he wouldn’t go over.

It’s been a crazy couple of months, and we ended up eloping with a few friends as witnesses. Now I’m having a bit of a panic attack because I had been planning to start the K-1 process after he went back home.

How much trouble are we going to be in if we do an AOS? I’ve talked to two different lawyers and they both said that an AOS was the way we should go, but also followed it up with “I can help you with it for $XXXX”. I’m worried they’re just saying that in the hopes of getting my money, but I’d rather do it myself.

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If you want to do AOS, you don't need a lawyer to do it. The instructions are quite simple: http://www.visajourney.com/content/i130guide2 (Read the warning at the top, though)

As for what you should do, I'm sure others will chime in. It sounds like you got married unexpectedly, but the fact you were planning to do the K1 route means you were intending to get married at some point (and, perhaps, you were already engaged?). It's a tough call. I'm not sure what I'd do in your shoes, to be honest!

If you were ready to deal with the wait of the K1, perhaps you're also willing to do the wait of filing the I-130 and CR-1 from abroad also... it's generally a little faster than the full K1 journey and obviously also done outside the US as well, but it would be the more guaranteed route. The guide for doing that is here: http://www.visajourney.com/content/i130guide1

It's really up to you both to think about the risk of filing the AOS with him inside the US. Do you think you can confidently defend your spontaneous marriage as genuinely spontaneous? If yes, go for it. If not, do the I-130/CR-1.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Was he actually on a B-1 tourist visa? Or did he cross over like regular Canadians do?

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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