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Question about 30/60 intent rule

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Filed: K-1 Visa Country: Guatemala
Timeline

The loopholes.... Why is it that someone who came to the US (I'm not referring to the OP or his wife in any way, this is just personal experience) on a B1/B2 visa waits 3 months, gets engaged (October). I receive my K-1, fly into the US, this person gets married December 27th, I get married Jan 2nd, I file for AOS a week before this person and.... they already received a notice for interview for next month and i'm sitting here, just wondering why didn't I take that route considering i'll probably be receiving an Interview waiver and not be able to join the military for quite some time....

I knew their intentions, i advised to go the K-1 and they said no, that they were going to do it that way. AAAAaaaaand, they're probably gonna get away with it while I sit here, and read all of the threads where people go head to head on this subject.

Oh well, it is what it is.

OP, i'm sorry I needed to vent, this doesn't go towards you, it's your decision to do whatever you want to do and I just wish the best for you and your spouse.

Good luck,

Adrian

2014-05-08 Sent I-129f
2014-05-12 I-129f received
2014-05-15 Received NOA1 email
2014-05-19 Received NOA1 hardcopy
2014-09-10 NOA2 Approved
2014-09-30 Package Left from NVC
2014-10-06 Received by Embassy
2014-10-31 Interview, Approved.
2014-11-03 Picked up visa.
2014-12-25 POE Ft. Lauderdale

2015-01-02 Wedding

---AOS---

2015-01-09 Filed I-485, I-131 and I-765

2015-01-12 AOS package received

2015-01-14 Email received: Case accepted and routed

2015-01-15 Check cashed

2015-01-20 Received NOAs in the mail

2015-02-07 Received Biometrics letter in the mail

2015-02-19 Biometrics Appt in Raleigh office.

2015-03-13 EAD and AP approved

2015-03-19 EAD and AP sent

2015-03-21 Received EAD/AP combo card

2015-03-26 Received 2nd Biometrics appointment for Charlotte office

2015-04-08 2nd Biometrics

2015-06-15 Received NPIW dated 06-11

2015-08-01 Green Card Approved

2015-08-03 Welcome Letter Mailed

2015-08-07 Welcome Letter Received

2015-08-22 Card Mailed

2015-08-26 Card Received

2015-11-20 Enlisted in the USMC

2016-02-16 Shipping date to bootcamp

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Filed: K-1 Visa Country: Greece
Timeline

The loopholes.... Why is it that someone who came to the US (I'm not referring to the OP or his wife in any way, this is just personal experience) on a B1/B2 visa waits 3 months, gets engaged (October). I receive my K-1, fly into the US, this person gets married December 27th, I get married Jan 2nd, I file for AOS a week before this person and.... they already received a notice for interview for next month and i'm sitting here, just wondering why didn't I take that route considering i'll probably be receiving an Interview waiver and not be able to join the military for quite some time....

I knew their intentions, i advised to go the K-1 and they said no, that they were going to do it that way. AAAAaaaaand, they're probably gonna get away with it while I sit here, and read all of the threads where people go head to head on this subject.

Oh well, it is what it is.

OP, i'm sorry I needed to vent, this doesn't go towards you, it's your decision to do whatever you want to do and I just wish the best for you and your spouse.

Good luck,

Adrian

Exactly. It is gaming the system and punishes those that choose not to abuse it! It makes no sense. What I believe is worse, is that there are those whom have no intention of abusing a tourist visa and need one to visit their families/friends, yet an CO officer will deny them because of people that continually misuse their visas. Such BS.

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First of all thank you for so many replies and all the help. You guys are amazing. This forum is great. Heres more info.

She is here now in the usa. She told the airport customs person she was visiting she didnt mention the marriage. How will they find out what she told the customs offical?. Anyways the original intention was for me to move to canada but that didnt work out my app keeps getting delayed and i make more money then her and we both decided its better if we moved to usa. I would rather not have her apply outside of usa because not to sound too disney but we love each other very much and really dont want to be apart. And even if they let her visit while in application i doubt they will her stay for very long at a time and she would have to find a place to live back in canada. What will they look at more the time she entered and got married back in September or her last enterance recently?

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Filed: K-1 Visa Country: Wales
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Exactly. It is gaming the system and punishes those that choose not to abuse it! It makes no sense. What I believe is worse, is that there are those whom have no intention of abusing a tourist visa and need one to visit their families/friends, yet an CO officer will deny them because of people that continually misuse their visas. Such BS.

How do you tell the difference?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Greece
Timeline

How do you tell the difference?

it is not about the difference, it is about the abuse. Hopefully in my lifetime this loophole is seriously curtailed or eliminated. At minimum, the standards for staying and adjusting status should be subject to the same strict requirements as most expedite requests. Unless there is a compelling reason for the beneficiary to have to stay, there is no justification for allowing this to happen.

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Filed: K-1 Visa Country: Greece
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I really dont care how long it takes i just want us to be together while we wait.

you question has already been answered. She can adjust status. Good luck.

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Filed: AOS (pnd) Country: Colombia
Timeline

If adjusting from visitors visa was a fraud then will not be permitted. But everything which is permitted by law it's not a fraud.

K1 is when you want to come here and marry

But if you are already here... why not marry and adjust status???

TOTALLY LEGAL as long as it's a BONA FIDE MARRIAGE which you have to prove!

Omg how many haters here.

---------------------------------- AOS ---------------------------------------------------------

February 28, 2015: AOS Packet Sent via FedEX to Chicago Lockbox: I-130, I-485, I-765, I-131.

DAY 19 - March 21, 2015: NOA for Biometrics Appointment scheduled on 04/01/2015

DAY 77 - May 19, 2015: EAD and AP has been approved "We ordered your new card"

DAY 84 - May 26, 2015: We mailed your EAD to the address you gave us/USPS picked up the Card

DAY 85 - May 27, 2015: Interview Scheduled for June 29, 2015.

** May 29: Traveled with my AP back to my country and came back three weeks after with no problems Click here to ready the report **

DAY 117 - June 29, 2015: Had our interview. Approved on the spot.

DAY 124 - July 6, 2015: Welcome noticed received.

DAY 134 - July 16, 2015: Green Card delivered to my home by USPS - END OF AOS -

---------------------------------- ROC ---------------------------------------------------------

DAY 1 - April 7, 2017: Sent I-751 to CSC

 

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Filed: Country: Brazil
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First of all thank you for so many replies and all the help. You guys are amazing. This forum is great. Heres more info.

She is here now in the usa. She told the airport customs person she was visiting she didnt mention the marriage. How will they find out what she told the customs offical?. Anyways the original intention was for me to move to canada but that didnt work out my app keeps getting delayed and i make more money then her and we both decided its better if we moved to usa. I would rather not have her apply outside of usa because not to sound too disney but we love each other very much and really dont want to be apart. And even if they let her visit while in application i doubt they will her stay for very long at a time and she would have to find a place to live back in canada. What will they look at more the time she entered and got married back in September or her last enterance recently?

Her last entrance is the only thing that matters in the AOS in terms of intent to immigrate. Also, as above, it probably won't matter unless she actively lied to the CBP when she got in. Otherwise just intent to immigrate isn't enough to deny adjustment of status of immediate relatives if that's the only reason.

May 29th, 2015 - Sent AOS package

June 1, 2015 - Package received by USCIS

June 4, 2015 - Biometrics Fee Accepted

June 20, 2015 - Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Appointment

August 6, 2015 - I-131 approved

August 6, 2015 - Your card was ordered

August 7, 2015 - I-765 approved

August 20, 2015 - EAD received

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Filed: Country: Brazil
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how do you feel about some of your colombian friends and/or family that are denied tourist visas everyday because they are assumed to "not have ties" and will commit fraud? As long as you have your B1/B2 visa, those that struggle because some CO officer assumes they will do exactly what you did doesn't matter. It is their problem. Am I correct?

Denial of B1/B2 due to lack of ties happens not because of people that married abroad, but people that overstay their visas.

May 29th, 2015 - Sent AOS package

June 1, 2015 - Package received by USCIS

June 4, 2015 - Biometrics Fee Accepted

June 20, 2015 - Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Appointment

August 6, 2015 - I-131 approved

August 6, 2015 - Your card was ordered

August 7, 2015 - I-765 approved

August 20, 2015 - EAD received

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Filed: K-1 Visa Country: Wales
Timeline

Denial of B1/B2 due to lack of ties happens not because of people that married abroad, but people that overstay their visas.

True

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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