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Filed: Other Country: Canada
Timeline
Posted

Hi there,

I am a Canadian and have lived in the US temporarily staying on a B2 Visa from August 2015- December 2015. My boyfriend and I decided to travel for 4 months, where he proposed to me in Bali. Upon returning to the states, we wanted to get the ball rolling and bought if we got married, then we can start filing paperwork. I now realized, we might have potentially committed fraud unawares. Have we really screwed up the process for ourselves, or are we going to still be able to apply for an AOS? Thank you

** any advice would be appreciated, I have no idea where to begin

Filed: AOS (apr) Country: Norway
Timeline
Posted (edited)

Get married, file for AOS (+AP and EAD). Read the guides here if you need some input on how. Stay in the country at least until your AP arrives. You'll be fine :-)

Fraud (in this case) is all about intent, so can't be committed unaware :-)

Edited by A'n'L

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

Posted

The terminology used here could be a concern. You say "lived" with you boyfriend. Did you quit a job, terminate a lease, sell a car or anything before you went in August 2015?

Now that you are in the USA, you can marry, stay and adjust as you successfully demonstrated when you arrived that your intention was not to stay.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Filed: Country:
Timeline
Posted

Get married, file for AOS (+AP and EAD). Read the guides here if you need some input on how. Stay in the country at least until your AP arrives. You'll be fine :-)

Fraud (in this case) is all about intent, so can't be committed unaware :-)

Like A'n'L said, the 'fraud' part of a situation like yours would be the intent. Just reading what you've described, it doesnt seem like you guys intended to commit fraud. Now if you came to visit him and got married within a week...that may feel a bit more like 'fraudulent intent'. But reading the short description of your situation, the fact that you said you were living with him before going on vacation, etc, I would say you guys should be fine. Good luck! and congratulations!!

Fiancee Visa Timeline

1/7/16 - I-129F Sent

1/28/16 - NOA1

3/10/16 - NOA2

4/8/16 - NVC Sent

5/2/16 - Medical

5/2/16 - Interview

5/4/16 - Physical

5/10/16 - Dropped passport off at Embassy

5/12/16 - Visa in Hand

5/21/16 - POE

7/10/16 - Marriage

 

AOS Timeline

7/21/16 - Mailed packet

7/23/16 - Packet delivered

7/28/16 - NOA1

10/7/16 - Biometrics

11/30/16 - EAD/AP Approved

12/6.16 - EAD/AP Received

1/21/17 - New card ordered for production

1/23/17 - Greencard Approved (no interview)

1/24/17 - Greencard Mailed

1/26/17 - Greencard Received

 

  • On Oct 13th AOS status was updated to say that a notice was returned due to post office being unable to deliver it. Tier two told me that it was biometrics or NOA1 (even though I had received both before this date).

  • A few weeks later I received a notice dated Nov 10th, in regards to my call about the Oct 13th notice. The new notice said that there were no RFE's or withholding on my case. So still not sure what this Oct 13th notice was about.

  • Received a letter from a NY office on Dec 23rd (dated Dec 10) stating that my medical was over 1 year old. (At this point my medical was only 7 months old)

  • Teir two submitted an internal service request to which I got a response telling me that I need to respond to RFE ASAP

  • Submitted another service request on 1/6/17. To which I got a response on 1/19/17 stating that my case was pending and is outside of processing time (no mention of RFE)

 

ROC Timeline

10/21/18 - Packet Sent

xx/xx/xx - NOA1

xx/xx/xx - NOA2

xx/xx/xx - Card Received

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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