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mmxyz

K1 in process but decide to get marry now? what should I do?

By mmxyz in Adjustment of Status from Work, Student, & Tourist Visas

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Ms Hogan Proficient

Ms Hogan   295

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

So you came under the visa waiver program? I believe that would let you stay for 90 days, not 6 months. There are events that cause a forgiveness of overstays, but I wouldn't think that filing for a K-1 visa is one of them. So you filed right before 90 days or 6 months had elapsed?

Canadians do not come under visa waiver program. And can stay for 6 months at a time if not told otherwise when crossing.

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2

NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

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Transborderwife
Transborderwife

Nope, marry, stay adjust.

Transborderwife
Transborderwife

You don't need your police records for aos

B and H Explorer

B and H   18

Posted
Filed: Lift. Cond. (pnd) Country: Vietnam
 Timeline
Posted

Canadians do not come under visa waiver program. And can stay for 6 months at a time if not told otherwise when crossing.

Ok, thank you for the clarification.

2015-10-13 Married in Phú Yên, Việt Nam

I-130

2016-01-04 NOA1

2016-05-16 NOA2 133 days from NOA1

NVC

2016-08-11 Case complete

Consulate

2016-10-31 Interview 81 days from case complete, 301 days from NOA1

2016-11-05 Visa received

POE

2016-11-17 Seattle-Tacoma

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Friend2ya Explorer

Friend2ya   9

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Its very simple..go back to Canada and wait...

CEAC Status
Dec 3, 2015 - Docs sent

Dec 4, 2015 - Offsite received docs

Dec 7, 2015 - Have not received docs

Dec 8, 2015 - Refused

Dec 9, 2015 - Refused

Dec 11, 2015 - Confirmed docs physically received on the 8th

Dec 22, 2015 - Refused

Dec 29, 2015 - Refused

Dec 31, 2015 - Refused

Jan 20, 2016 - Ready

Jan 21, 2016 - Ready

Jan 25, 2016 - Issued (AP)

Jan 26, 2016 - Issued (Final)

Jan 28, 2015 - Visa in Hand

Feb 6, 2016 - POE ( Peace Bridge)

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mmxyz Rookie

mmxyz   0

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Filed: Timeline
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It usually much smoother to adjust while in the U.S.

K-1 applications are meant to go through consular processing, which requires you to attend an interview at the Consulate in Canada and be admitted to the U.S. as a K-1. This is only then that you have to marry within 90 days post-entry.

If you decide to get married now, while in the U.S. just submit an I-130/I-485 application. However, the previous posts are correct, you won't be able to submit a family petition within the U.S. unless you withdraw the pending K-1. You also need to notify the NVC that you do not wish to pursue with the K-1 application. You cannot just ignore it because your K-1 is already pending and was transferred to the NVC. You were also given an A-number, which you will have to mention on any future application you file with USCIS.

FYI, if you submit an I-130 petition while on visitor status, don't leave the U.S. until you get permission to travel outside of the country.

DO NOT LEAVE THE COUNTRY!!! stay, get married and withdraw your K1 petition.. you will be fine as it seems as though you did not come here with intent to stay and it was 5 months after here (so after 60 days) that you decided to apply for K1 so that is a good thing.

But, do not leave it will be a headache! you are canadian, you will be fine. Just get a lawyer and do your GC AOC and DO NOT LEAVE until you have your GC in your hand:) so expect to be here 6 months and not able to work until you get your EAD which takes about 80days after you apply for your AOS!!! Just dont leave:)

Thank you guys. very helpful.

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Friend2ya Explorer

Friend2ya   9

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Why? Op is in the usa and can aos so why not?

Not enough time,

CEAC Status
Dec 3, 2015 - Docs sent

Dec 4, 2015 - Offsite received docs

Dec 7, 2015 - Have not received docs

Dec 8, 2015 - Refused

Dec 9, 2015 - Refused

Dec 11, 2015 - Confirmed docs physically received on the 8th

Dec 22, 2015 - Refused

Dec 29, 2015 - Refused

Dec 31, 2015 - Refused

Jan 20, 2016 - Ready

Jan 21, 2016 - Ready

Jan 25, 2016 - Issued (AP)

Jan 26, 2016 - Issued (Final)

Jan 28, 2015 - Visa in Hand

Feb 6, 2016 - POE ( Peace Bridge)

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mymarriagejourney Community Regular

mymarriagejourney   113

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted

I agree with everyone else. File concurrent I-130 and I-485 and do not leave the country until you have your green card.

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

hi i am in the process of applying for K1, and I just got mail from the immigration office and notify me that the petition is approved and my case is sent to NVC. I am actually in U.S.A. now (i submitted my application in USA). now me and my fiancee want to skip k1 and get married directly. is there any problem while i am still in k-1 application. can we get married and apply for green card immediately?

urgent..... hope someone can reply me....

Well, with the K-1 petition, you'll be looking at about 3 weeks at NVC and then your interview and visa approval within 2-3 months after that.

If you withdraw the petition and get married now, then you must return to Canada and file for the CR-1 Spousal Visa which takes one year.

If you marry now and don't leave the US and file for AOS, you'll be looking at maybe 5-6 months and will have to answer to what you've done at an interview....with the possibility of denial and possible ban.

I'd advise to stay the course.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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KayDeeCee Grand Master

KayDeeCee   4,892

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

Thanks everyone. I wonder if I am in USA, how am I able to do the no criminal certificate thing in Canada without going out of USA? Any one has experience?

Also, if i get married immediately, I won't need to provide certificate for my status of single, right?

You do not provide police certificates when adjusting status, and you have no need for proof you are single because you won't be. You will be married before applying for AOS and you will provide a copy of your marriage certificate to prove you are married.

If you marry now and don't leave the US and file for AOS, you'll be looking at maybe 5-6 months and will have to answer to what you've done at an interview....with the possibility of denial and possible ban.

Nope. Intent alone is not a reason for denial of AOS, and the OP had no intent to stay when they entered the US anyway.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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