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

Hi everyone, this is for my friend.......(not for me....see my timeline...i am already half done with the process)

she married her husband in India and her marriage in India is registered...but right after the wedding she came to USA with her husband as she already had the visitor visa.....

Now her hubby who is the USC wants to apply for her....what is the best way to apply for her??

Any thoughts...has any one done it this way before?

Is it Adjustment of Status now? does she have to file 1-485....or go the 1130 way...

Please help!!

Posted
Your friend and her husband should speak with a competent immigration who can help them weigh their options.

I agree - they should speak to a good immigration lawyer.

My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

Posted

a Lawyer is a Good Solution For your Friend !

And make sur you get a good one :unsure:

Date I-129F Sent : 2006-09-28

Date I-129F NOA2 : 2006-10-27

Interview Date (K1 Visa): 2006-12-12

Date K1 Visa Received :2006-12-18

Date of US Entry : 2006-12-23

Date of Wedding : 2007-01-21

Comments : For Casa, packet 3 and 4 come together, with an interview date already scheduled.

AOS Filing date : 2007-02-02

NOA date for I-485 : 2007-02-07

I-485 RFE Dates : 2007-02-16

I-485 Biometrics Appt Date: 2007-02-28

AOS Comments: Strange - we received RFE, then a few days later got email that the response had been received and the case was resumed even though we haven't sent anything yet.

I-485 Sent to CSC 2007-03-12

RFE for Medical Examination mailed 05-31-2007

medical examination sent 06-27-2007

Case resumed on 07-13-2007

email "card production ordered" 07-18-2007

email “notice mailed welcoming the new permanent resident” 07-19-2007

email “approval notice sent” and welcome letter received 07-23-2007

Green card received 07-26-2007

EAD Filed Date: 2007-02-02

EAD NOA Date : 2007-02-07

EAD Biometrics Appointment Date : 2007-02-28

EAD received 04-16-07

Posted

If she adjusts her status from within the US, her spouse will still need to file an I-130 for her.

Read this guide:

http://www.visajourney.com/forums/index.ph...page=i130guide2

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

Filed: AOS (pnd) Country: Mexico
Timeline
Posted

The fact that they already married in India really complicates things A LOT. :( There would be pretty much now credible way to say that she didnt have immigrant intent when she entered the US on her tourist visa. I agree with the above posters, your friends really need to find a good lawyer!

Probably what will end up happening is she'll have to go back to India and file for the K3 visa.... :(

They could go ahead and try and adjust here, but if USCIS ever finds out she was already legally married there'll be BIG problems.....

2/23/07 - Mailed AOS packet to Chicago

2/25/07 - Package arrived in Chicago

3/05/07 - Checks cashed

3/05/07 - Received NOAs for I-765, I-485, & I-130!

3/09/07 - All touched

3/10/07 - Received biometrics appt letter

3/12/07 - All touched

3/13/07 - I-130 & I-765 touched

3/15/07 - I-485 touched

3/15/07 - Received email informing me that an RFE has been mailed to me about the I-485

3/19/07 - Received RFE for I-485 in the mail.

3/20/07 - Biometrics appt

3/21/07 - I-485 & I-765 touched

3/23/07 - Mailed back RFE with signature confirmation

3/26/07 - RFE was delivered to Lee's Summit, MO & was signed for by "Ashley Love"

3/27/07 - Received email saying that RFE has been received at MSC and that case processing has resumed

3/27/07 - I-485 touched

3/28/07 - I-485 touched

4/17/07 - I-765 & I-130 touched

4/18/07 - All touched

4/19/07 - All touched

5/10/07 - I-765 touched

5/14/07 - Received interview notice in the mail! Interview will be on July 18!!!

5/15/07 - I-765 touched!

5/15/07 - Received email saying that EAD card production has been ordered!!!!!!!!!!!!!!!!!!!!!!!

5/16/07 - I-765 touched

5/19/07 - Received EAD in the mail!!!!!!!!

5/21/07 - I-765 touched

7/18/07 - Had interview in Memphis, TN! GC Approved!!!

7/23/07 - Received Welcome Letter (with notice date of July 19th) in the mail.

7/24/07 - Received Card Production Ordered email!

8/02/07 - Received Permanent Resident Card!!!! No more USCIS until 2009!!!!!

Filed: AOS (apr) Country: Canada
Timeline
Posted

When my husband came into the US we were already married and had already filed the I-130 from Canada. He stayed in the US and we filed AOS. We were approved. Do I reccommend doing it this way: hell no. It's soooo stressful and awful, it's not worth it. And opinions on doing this within USCIS itself are so varied, you don't know what's going to happen to you. And if they get denied at the border for immigrant intent, it's a waste of money and it can be devastating.

Example: I called our local USCIS office and asked an officer, what do we need to do in order to have my husband here in the US with me while we are waiting on his green card? I said, we are already married, but he is in Canada and I am in the US. And she said: Oh, dear. Well, the only way he's going to be able to adjust status from within the US is to come here as a visitor and then file the paperwork. He will need to be inspected by an officer when he comes in, but since you are married I don't know if they will let him in as a visitor. She was very understanding and sympathetic to the fact that I was really sad about not being with my husband. It was a real shock to us, since we were very young and didn't understand what the hell we were doing and basically had no lawyer and no one to help us.

Anyway...he got here and it all worked out for us, but there are no guarantees. I wouldn't risk it. Also, I don't know if him being from Canada had anything to do with it, but it probably did. I'm not saying that's right, I'm just telling the truth.

It was all very stressful. Proving intent is very hard. Good luck to you and to your friends.

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted
When my husband came into the US we were already married and had already filed the I-130 from Canada. He stayed in the US and we filed AOS. We were approved. Do I reccommend doing it this way: hell no. It's soooo stressful and awful, it's not worth it. And opinions on doing this within USCIS itself are so varied, you don't know what's going to happen to you. And if they get denied at the border for immigrant intent, it's a waste of money and it can be devastating.

Example: I called our local USCIS office and asked an officer, what do we need to do in order to have my husband here in the US with me while we are waiting on his green card? I said, we are already married, but he is in Canada and I am in the US. And she said: Oh, dear. Well, the only way he's going to be able to adjust status from within the US is to come here as a visitor and then file the paperwork. He will need to be inspected by an officer when he comes in, but since you are married I don't know if they will let him in as a visitor. She was very understanding and sympathetic to the fact that I was really sad about not being with my husband. It was a real shock to us, since we were very young and didn't understand what the hell we were doing and basically had no lawyer and no one to help us.

Anyway...he got here and it all worked out for us, but there are no guarantees. I wouldn't risk it. Also, I don't know if him being from Canada had anything to do with it, but it probably did. I'm not saying that's right, I'm just telling the truth.

It was all very stressful. Proving intent is very hard. Good luck to you and to your friends.

Thankyou everyone for your input....I will forward this to my friend...... :whistle:

Filed: AOS (apr) Country: Canada
Timeline
Posted

You're welcome. Make sure your friend reads the page jane2005 provided...

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

Posted
Hi everyone, this is for my friend.......(not for me....see my timeline...i am already half done with the process)

she married her husband in India and her marriage in India is registered...but right after the wedding she came to USA with her husband as she already had the visitor visa.....

Now her hubby who is the USC wants to apply for her....what is the best way to apply for her??

Any thoughts...has any one done it this way before?

Is it Adjustment of Status now? does she have to file 1-485....or go the 1130 way...

Please help!!

Can't they remarry again in the USA?

Filed: Timeline
Posted

Emo,

If they get divorced in between re-marriages.

Yodrak

Hi everyone, this is for my friend.......(not for me....see my timeline...i am already half done with the process)

she married her husband in India and her marriage in India is registered...but right after the wedding she came to USA with her husband as she already had the visitor visa.....

Now her hubby who is the USC wants to apply for her....what is the best way to apply for her??

Any thoughts...has any one done it this way before?

Is it Adjustment of Status now? does she have to file 1-485....or go the 1130 way...

Please help!!

Can't they remarry again in the USA?

 
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