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Applying for AOS - Married on K1, now on Tourist Visa

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I came to US on a K1 visa and got married to my wife within the 90 days, however after the marriage we had many disagreements and I choose to leave before the 90 days expired on 1st April. I went into Canada for a little while and returned to the US on a tourist visa so I could get the cheapest flight back to the UK. Now having returned to the UK my wife and I have been talking and she is suggesting I come back and give it another go. I have explained to her I don’t think it is that simple as just coming back and adjusting status as I know longer have a K1. Is it still possible to file for Adjustment of Status if I went back to the US, I am assuming this would be on a tourist visa which confuses me. However I did read somewhere that you actually have 2 years from K1 expiry date to apply for AOS.

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Agree to other's suggestions, if you mention you are married and your are visiting US to stay with your wife, then you will be denied a visitor visa. You do not reveal those applications during visitor visa application and visit US on that visa, you will be denied your AOS for visa fraud. So as others said, the only bet is apply for CR1 visa.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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The K1 etc is history.

You are married in the UK, so no different to any other married person wishing to immigrate to the US.

Wife needs to file for you.


“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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Agree to other's suggestions, if you mention you are married and your are visiting US to stay with your wife, then you will be denied a visitor visa. You do not reveal those applications during visitor visa application and visit US on that visa, you will be denied your AOS for visa fraud. So as others said, the only bet is apply for CR1 visa.

Agree no more , It happened to me last year , I am married and my husband suggested spending the summer with him in the States via a visiting visa but I got rejected and the CO told me this is not the visa for you

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Agree no more , It happened to me last year , I am married and my husband suggested spending the summer with him in the States via a visiting visa but I got rejected and the CO told me this is not the visa for you

He most likely does not need a visa to visit.


“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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Ok thanks for the advice.

Correct, I have visa waiver program to visit the US.

As I already went through the K1 process not so long ago within the year, am I correct in thinking I can submit the same docs (police, medical) that I used for K1 if my wife applies for CR. Thus not having to pay for those again ?

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Assume both.


“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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My ex-wife was from Canada. Before we got married, she would come here about every other weekend. One weekend we got married. About a month later we applied for a spousal visa, but she continued to come visit. We got married in January, applied in February, she had the consular interview in May, got GC in November. I don't think she ever had any problems. She did have a NEXUS card, so I think that most of the time she didn't even have to interact with a person when crossing the border. I think that just in case, she carried proof of the fact that she owned a home and had a job in Canada.

She didn't move to the USA for quite a while, and I think that at one point after she got her green card, they hassled her at the border and said she needed a reentry permit or something. But we didn't file for it and nothing came of it.

I'd just get married and then file the I-130. K1 is more relevant if the spouse would not otherwise be able to gain entry to the USA. If they're from a country where you require a visa, and they are a young female and/or don't own property or have a good job, they probably won't otherwise get a visa on the theory that they might not return after they visit.

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They are already married, had a K1 and he went home prior to adjusting status. Different kettle of fish.

Also, you going through the visa process in 6 months is very lucky! CR-1s can take up to 2 years these days, hence a lot of people also go with K1 - which takes 6-12 months usually. Many different resaons for using either visa...


K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)

event.png
 

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