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Hello, we just came here and got married to my fiancée last last May 11. I have 3 children from my late husband and after weeks here of staying we come up with the decision of going back to the Philippines and let my kids finished their study. So I need your help what should we do? Adjust status first before we go home or we will just go home before the expiration of our visa then let my husband did a spousal petition later on could it be possible? Your insights is highly appreciated.....

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Honestly you guys could have just gotten married and you go back to PI and everything be okay and do what you're doing now.

Did you not intend on staying originally?

I mean personally I'd never go back if I went through this process once already. The purpose of K1 is that you intend to stay here, not just get married and peace out again.

Are you and your husband okay with the idea that you aren't going to be together again for a year or so because you went back to PI?

Is there a reason that you don't want your children finishing their studying here? Do you just miss your home?


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013
 

Spoiler

Met online: June 2010
Started dating: March 20, 2013
Engaged: November 27, 2014
Married: Feburary 20, 2016



The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail

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Honestly you guys could have just gotten married and you go back to PI and everything be okay and do what you're doing now.

Did you not intend on staying originally?

I mean personally I'd never go back if I went through this process once already. The purpose of K1 is that you intend to stay here, not just get married and peace out again.

Are you and your husband okay with the idea that you aren't going to be together again for a year or so because you went back to PI?

Is there a reason that you don't want your children finishing their studying here? Do you just miss your home?

at the bear minimum I would get a green card and do the 6 months living in the US and 6 months living abroad bit. I wouldn't by any means start over.

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*** Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- OP is past the K-1 phase. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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If your and/or your children return to the philippines before you or them get citizenship there is a good chance of losing LPR status in the USA. Once you enter the USA there are "continuous residency" requirements in order to be successful in the AOS and ROC petition processes. It might be wise of you to research the pros and cons of doing what you are talking about in your post. Best of luck!

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Hello, we just came here and got married to my fiancée last last May 11. I have 3 children from my late husband and after weeks here of staying we come up with the decision of going back to the Philippines and let my kids finished their study. So I need your help what should we do? Adjust status first before we go home or we will just go home before the expiration of our visa then let my husband did a spousal petition later on could it be possible? Your insights is highly appreciated.....

Do not bother with filing AOS, it will be a waste of money being you are returning to the Philippines. So pack your bags and have safe travels, then when ready file the I-130 spousal visa petition. :thumbs:

BTW your visa expired the moment you entered the USA. Your current legal status for being in the USA is the I-94 which is good for 90 days from POE.


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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