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Jordane17

Help after getting married

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My wife (us citizen) and I (french citizen) just got married last week on a k1 visa.

Now we have to start the AOS application. The thing is, we reallized that we dont want to live in usa forever. We actually want to move to france next year. Im wondering if im gonna have any trouble to live usa during my OAS proceding. We would like to know if its the only option for me (AOS). We start to think that this k1 visa was not the best idea we have. We love each other and we want to travel the wrold together. Is there any way to canceled the appilcation? But i dont want to have any trouble to re enter the country with a different visa, tourist for exemple. Her family live in us. It is verry complicated to take a desicion right now, i dont want to be denied to come back to usa, but i dont want to live here either. Please help. Thanks

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If you can bear to live here for 3 years after you get your GC, you'll be able to apply for citizenship. Once you'll be a USC you can come and go whenever you'd like.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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We have plan for the next years. We are young and want to travel. I wish we would have done this in few years. I just would like to know what is my different option now? And if i will be denied to entrr usa if i dont apply for the AOS? Thanks for your answer

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If you overstay your I-94 then you face a problem re-entering the states without a tourist visa. It would be best to stay until you can naturalise, but it sounds like that won't be an option for you.


AOS

09/02/2015 - Enter United States @ Raleigh Durham International Airport, NC under VWP

14/02/2015 - Fly to San Francisco, CA

09/05/2015 - I-94 Expires

22/05/2015 - Civil Surgeon Medical Examination

28/05/2015 - Received Sealed Envelope

04/07/2015 - Married in Vegas

14/08/2015 - Sent I-130, I-485, I-765 & I-131 to Chicago Lockbox

21/08/2015 - Emails/Texts of Acceptance for I-130, I-485, I-765 & I-131

24/08/2015 - I-130 & I-485 Cheques Cashed

27/08/2015 - Paper NOA1 Received

14/09/2015 - Biometrics Letter Received

23/09/2015 - Biometrics Complete

17/10/2015 - EAD/AP Card Produced

21/10/2015 - EAD/AP Card Mailed

24/10/2015 - EAD/AP Card Delivered

31/10/2015 - Received SSN

06/02/2016 - Interview Notice Delivered by Post

09/03/2016 - Interview

09/03/2016 - Approved at Interview + Card Ordered

14/03/2016 - Green Card Mailed

16/03/2016 - Green Card Received

ROC

05/02/2018 - Sent I-751 to California Service Centre

07/02/2018 - I-751 Received

09/02/2018 - Extension Letter Arrived in Post

12/05/2018 - Biometrics Reused Letter

18/08/2018 - 18 Months Extension Letter

19/04/2019 - 1-751 Approved + Card Produced

Naturalisation

09/12/2018 - Sent N-400 Application Online

14/12/2018 - Received Paper NOA1

02/01/2019 - Biometrics Scheduled

06/02/2019 - Biometrics Rescheduled

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If you overstay your I-94 then you face a problem re-entering the states without a tourist visa. It would be best to stay until you can naturalise, but it sounds like that won't be an option for you.

Edited by Jordane17

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Having an American wife shows strong ties to the us. It will be harder to apply for and get a tourist visa. And even if you get one, entering will probably prove to be hard as well, especially because you have a plan of traveling the world, meaning you won't have ties to anywhere.

Edited by p-ana

07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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What mistake? Marriage? The only effect of not filing for AOS is you don't get the GC which you don't want anyway.

As long as you don't overstay, I don't see any problem to look for a fix. Once you are married to a USC (now or in future), your future travel to US in non immigrant category will be impacted by your marriage with your wife not by your decision of not filing for AOS.

Edited by arken

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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This is a verry interesting answer, thanks. Does that mean i should leave usa before my k1 date limit (jun 19)? And i will be able to come back on a tourist visa? So i dont must apply for AOS? I thought i had no other option. Can o have more information please.

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Simply saying not filing for AOS will have no negative effect for your future non immigrant visas. However, your approval of tourist visa will be affected by your marriage and you have the burden to show enough ties to the country. If the CO believes your will not return back from US after having a USC wife, he might not grant you a visa. At the same time, if you show enough ties to your country and also layout your plan of not living in the US with the fact that you didn't apply for AOS, may be you would be granted a visa. It depends how the CO considers you case.


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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You do not have to apply for AOS if you are not wanting a green card, or planning on living here. You are free to leave, and should do so before your I-94 expires. Your profile shows France. Can you not enter the US using the VWP/ESTA? Is there a reason you need to apply for a tourist visa?

If you decide later that you want to live in the US, then you can file for a spousal visa.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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You do not have to apply for AOS if you are not wanting a green card, or planning on living here. You are free to leave, and should do so before your I-94 expires. Your profile shows France. Can you not enter the US using the VWP/ESTA? Is there a reason you need to apply for a tourist visa?

If you decide later that you want to live in the US, then you can file for a spousal visa.

I'm a little unsure on whether the VWP can be used after a K-1. It's something I've always wondered, but not really found much information pertaining to it. If not, then a B2 visa would be the next step but it's always difficult to obtain in VWP countries so massive ties to the country you apply from are going to be necessary.


AOS

09/02/2015 - Enter United States @ Raleigh Durham International Airport, NC under VWP

14/02/2015 - Fly to San Francisco, CA

09/05/2015 - I-94 Expires

22/05/2015 - Civil Surgeon Medical Examination

28/05/2015 - Received Sealed Envelope

04/07/2015 - Married in Vegas

14/08/2015 - Sent I-130, I-485, I-765 & I-131 to Chicago Lockbox

21/08/2015 - Emails/Texts of Acceptance for I-130, I-485, I-765 & I-131

24/08/2015 - I-130 & I-485 Cheques Cashed

27/08/2015 - Paper NOA1 Received

14/09/2015 - Biometrics Letter Received

23/09/2015 - Biometrics Complete

17/10/2015 - EAD/AP Card Produced

21/10/2015 - EAD/AP Card Mailed

24/10/2015 - EAD/AP Card Delivered

31/10/2015 - Received SSN

06/02/2016 - Interview Notice Delivered by Post

09/03/2016 - Interview

09/03/2016 - Approved at Interview + Card Ordered

14/03/2016 - Green Card Mailed

16/03/2016 - Green Card Received

ROC

05/02/2018 - Sent I-751 to California Service Centre

07/02/2018 - I-751 Received

09/02/2018 - Extension Letter Arrived in Post

12/05/2018 - Biometrics Reused Letter

18/08/2018 - 18 Months Extension Letter

19/04/2019 - 1-751 Approved + Card Produced

Naturalisation

09/12/2018 - Sent N-400 Application Online

14/12/2018 - Received Paper NOA1

02/01/2019 - Biometrics Scheduled

06/02/2019 - Biometrics Rescheduled

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Sorry, i meant ESTA visa and no tourist. I am from france and i can get an ESTA visa. But i was scared to leave usa and never be able to come back. So the best for me would be to leave before my date limit and apply for an ESTA visa right? But the immigration told me when i enter usa with my k1 visa that i couldnt leave the country before the date limit, im a little confuse. Thanks for all your help, thats amazing

Sorry, i meant ESTA visa and no tourist. I am from france and i can get an ESTA visa. But i was scared to leave usa and never be able to come back. So the best for me would be to leave before my date limit and apply for an ESTA visa right? But the immigration told me when i enter usa with my k1 visa that i couldnt leave the country before the date limit, im a little confuse. Thanks for all your help, thats amazing

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That would apply if you were going to file for AOS, as you couldn't leave the country unless you had either Advance Parole or a Green Card.

However, I'm fuzzy on whether you can use the VWP after having a K-1 visa, which is why I'm hoping someone can clarify. If you overstay VWP is definitely off the table though.


AOS

09/02/2015 - Enter United States @ Raleigh Durham International Airport, NC under VWP

14/02/2015 - Fly to San Francisco, CA

09/05/2015 - I-94 Expires

22/05/2015 - Civil Surgeon Medical Examination

28/05/2015 - Received Sealed Envelope

04/07/2015 - Married in Vegas

14/08/2015 - Sent I-130, I-485, I-765 & I-131 to Chicago Lockbox

21/08/2015 - Emails/Texts of Acceptance for I-130, I-485, I-765 & I-131

24/08/2015 - I-130 & I-485 Cheques Cashed

27/08/2015 - Paper NOA1 Received

14/09/2015 - Biometrics Letter Received

23/09/2015 - Biometrics Complete

17/10/2015 - EAD/AP Card Produced

21/10/2015 - EAD/AP Card Mailed

24/10/2015 - EAD/AP Card Delivered

31/10/2015 - Received SSN

06/02/2016 - Interview Notice Delivered by Post

09/03/2016 - Interview

09/03/2016 - Approved at Interview + Card Ordered

14/03/2016 - Green Card Mailed

16/03/2016 - Green Card Received

ROC

05/02/2018 - Sent I-751 to California Service Centre

07/02/2018 - I-751 Received

09/02/2018 - Extension Letter Arrived in Post

12/05/2018 - Biometrics Reused Letter

18/08/2018 - 18 Months Extension Letter

19/04/2019 - 1-751 Approved + Card Produced

Naturalisation

09/12/2018 - Sent N-400 Application Online

14/12/2018 - Received Paper NOA1

02/01/2019 - Biometrics Scheduled

06/02/2019 - Biometrics Rescheduled

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