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GenaHara

Adjustment of Status after started CR1

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Filed: Timeline

Before I get into why I am writing this at 4 in the morning instead of sleeping, allow me to give a little background information. I met my husband online while I was still in high school. He visited me during my senior year for a month on the VWP( is that how y'all abbreviate it?) and visited over a year later for 13 days, again on VWP. On this second trip we got married. The reason we had not adjusted his status then is because we wanted to save up some first and because we had planned before he came over to get married and didn't want to break any laws, so he wemt home. Two months after getting married I visited him in the UK for a month. When I came back I started the paperwork for CR1 and recieved NOA1(I really hope I have shortening these correctly). Shortly after recieving NOA1 my husband flew over to visit for three months. He has quit his job for personal reasons before leaving but also because we wanted him to have the flexibility of visiting here on and off 'til the process was over. However, I just found out that I am pregnant and am seriously freaking out. I had started the paperwork because I wanted to do things the fair and honest way, but life has a way of complicating things for us. My husband is here right now and I was wondering if me having started paperwork has ruined our ability to adjust his status. I'm scared to go through a pregnancy alone, but I don't want to do anything wrong and risk him not seeing our baby for years.

Any advice is so appreciated. Thank you

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Filed: Timeline

I don't believe that he can AOS here I'm sorry :( that may be perceived as immigration fraud.

I think I knew that it would be impossible, just hoped someone would tell me I was wrong. Thank you for your honesty.

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I think I knew that it would be impossible, just hoped someone would tell me I was wrong. Thank you for your honesty.

Intention alone doesn't constitute fraud, things change you will have chance to prove at interview. Call NVC to let them know your husband is here so they can transfer your file back to USCIS then he can adjust status with I-485. Good luck.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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You're fine. I also had a CR-1 in process, and on a lengthy visit to my husband, circumstances changed and I filed the I-485 (along with a photocopy of my NOA1 from the I-130). Don't worry about it looking like he had intent - they let him in, which means the border officer was satisfied that he had no immigrant intent. It is always up to them to prove intent, and it can not be used to deny an AOS anyway.

ETA: proper usage of pronouns. :oops:

Edited by ValerieA

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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