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Filed: Other Country: New Zealand
Timeline
Posted

Hi! I need help! First time using this website, and am lost in all of the posts/ forums.

I am a USC, my partner is a New Zealand citizen. We have been engaged (kindof) for about a year and a half, but only recently made it official about a month ago (it wasn't official until he met my family and asked for my father's good wishes). I was living in New Zealand for almost four years, two of them on a partnership-based work visa. He is currently in the US on a 90-day visitor visa (VWP) to be on holiday, and we are in the middle of planning a wedding for September 2017 (already put a deposit in on my venue) . We both want to pull a sneaky elopement now and apply for the adjustment of status instead of going through the K-1 visa, but we're nervous about the repercussions/suspicion of visa fraud. What does visa fraud entail? Would they search our things, or just ask us extra questions? I feel so lost in this whole thing.

Also, if someone could send me an outline of what I need to do/ costs/ personal experience, I would appreciate it immensely.

Double also, my fiance is a BCITO qualified builder (carpenter) with 5+ years experience. My father owns his own construction company and is willing to employ him and sponsor him.

Please help!! Thanks so so much

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

You can go ahead and marry now, he stays and files for AOS. No fraud involved in making a decision to marry now instead of waiting, as long as he never lied about anything to enter/when entering.

Follow this guide > http://www.visajourney.com/content/i130guide2

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas ~

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

Filed: AOS (apr) Country: Norway
Timeline
Posted

As stated above, since he is already in the US - your approach will not be a problem.

Keep in mind that once you file for AOS, he can't leave the US until he either gets his advance parole travel document (must be filed for separately, but no extra fee) or green card. If he does leave without those documents, his application is considered abandoned.

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

Filed: Other Country: New Zealand
Timeline
Posted

As stated above, since he is already in the US - your approach will not be a problem.

Keep in mind that once you file for AOS, he can't leave the US until he either gets his advance parole travel document (must be filed for separately, but no extra fee) or green card. If he does leave without those documents, his application is considered abandoned.

Ooh I see. His brother is getting married in New Zealand in April, do you think he would get at least the APTD before then?

Filed: AOS (apr) Country: Norway
Timeline
Posted

Ooh I see. His brother is getting married in New Zealand in April, do you think he would get at least the APTD before then?

Sure - processing time for AP is approximately 3 months.

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

No need for a sponsor for work. Once he has his EAD he can work any job (except those federal positions that require you to be a USC).

Bear in mind he will not be able to work until about 90 days after you have filed for the EAD after you get married, and that includes working for your dad. No work at all. If that's something that you can't afford to have happen, this route is not for you.

It will also take the same amount of time for him to be able to travel and go back home, pick up his things, return the keys to his landlord, etc.

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!

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

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