Jump to content

82 posts in this topic

Recommended Posts

Filed: Other Country: United Kingdom
Timeline
Posted

One point I think should be added without getting into all this married/not married shenanigans.

Everyone has told you that the CR-1 is the superior option with the added bonus that your "wife" would still have the opportunity to visit you during the process.

If you continue down the path you appear to be favouring and file for a K-1, and IF that is then refused if the CO feels you're already married and have to start again with the CR-1.

That visa denial will have an effect on your "wifes" ability to use the VWP to visit you.

Do you really want to run the risk of wasting all that time waiting for the K-1 and then have to wait another year for a CR-1 with her not being able to enter the US to see you?

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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

It seems like the OP is getting angry with all here for just stating the truth. If OP came here seeking advice on how to lie/fraud USCS they are in the wrong place. Maybe they just need to tighten that noose and earn the hard way with a ban placed upon them for their choices. This is a friendly place where those who have either experienced or know of others whom experienced similar situations to help one anther along on this stressful journey. Just as someone posted we learn from mistakes. Many of us want our spouses with us faster than 1yr but have to deal with the reality we are faced with. I too got married and have to wit 1 yr for my marriage to begin. I saw people get hung up in lies during their embassy interview that made it past NVC only to get bumped down and have to start all over again. One couple was married in USA and failed to disclose but the interviewer had knowledge (not sure how) and they were told they are denied and paperwork being set back to US with some type of ban.

Posted

As promised I have news regarding the Recorder office here. And the news is that I was wrong about one critical aspect of the process.

When the websites here say “When does It Expire: After 30 days” etc. on the sites pertaining to marriage licenses, I read that to mean if the license was not returned in 30 days then it would not be registered and so would not be a legal, usable document- leaving only the issue of how the USCIS would see the “ceremony” we performed. I was wrong. It does expire in thirty days “if not used.” But “used” does not mean filled out and returned for registration, it means filled out and used in conjunction with the ceremony. So if we had not had a ceremony in thirty days, then we would have needed to get another license.

That point, unfortunately, means that just about everything I have drug everyone through here is pretty moot. Since that is the case we are going to go from getting more and more convinced by the great responses here to definitely returning the license and go for the CR-1. As stated, we had no intention of doing anything outside of any rules and now we have a rule that we would have been outside of. So, yeah, that changes everything immediately and that is because I was wrong on how I was reading the info.

I should also put people's mind at ease if they are arriving here because they have googled stuff about marriage licenses. I did ask about there being any sort of penalty for couples who do not get married after obtaining a license. The idea that they are committing a misdemeanor by doing this was met with, frankly, a chuckle. When asked specifically if those statutes apply only to the officials involved, they said well A) yes, only them and B) in 42 years of running the office, the woman there had never seen anything like that brought up even against any officials. That is not advising anyone to do this, it is just trying to clarify that one point.

I have some other stuff to say below, but all that can very, very safely be skipped by anyone who wants the headline- I was wrong and most of the arguments here kinda got short circuited. I still very very strongly disagree with some of the posters re: several things and will do my best to address that as well. But I remain very grateful for all of the time and effort put into all the responses.

Filed: Citizen (apr) Country: Hungary
Timeline
Posted

Not getting married after obtaining a marriage license is fine, people can change their minds.

It's performing the ceremony after the marriage license is obtained THEN not registering it, that's the problem.

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!

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

Thanks for getting back. I've been thinking about your circumstance today.

The misdemeanor part I ever referred to was not turning in the license after marriage. I never said its a misdemeanor to not get married after applying, until that it must bring turned in filled out or not after a certain time frame. In this case that would be your father.

Edited by Shauneg
Posted

Glad you found the answers you were looking for and you can move on as a married couple. :thumbs:

As I said, marriage should be a happy occasion and not something filled with uncertainty afterwards. As you are going to move on with a spousal visa, I wish you best of luck, and there are plenty of resources and guides here to assist you.

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

Posted

Here are copied and pasted quotes from what I have said in this thread:

1. ok, we will not file the Marriage Certificate [as I understood it at the time, this was perfectly ok and simply resulted in the license itself being “expired” in thirty days- I was wrong; one poster agreed explicitly “If it isn't turned in so it's registered it's nothing more than just playing around really. Married isn't married until the license is registered. Nothing illegal.” a response to that “True. That's why I asked if it had been submitted.”] and will bring her over on a K1, gladly repay the Marriage license fee, and register the marriage without another ceremony in the 90 days we have after her arrival.

2. We are not legally married. Does anyone have any sure answers as to how this is going to affect the K1 visa application? [Yep, that was the original ?- how is it going to affect things, not in any way how do I get around anything. I was getting more and more convinced by the people who ANSWERED THIS QUESTION even before my error came to light- a lot of them did so awfully well]

3. I was very explicit in my post- we had a marriage ceremony in all good faith because of what we were being told by the USCIS on their website re: the K3 visa

4.Since the certificate had not been filed and since one site stated unequivocally (and some of the posters on this thread have pretty strongly indicated) that ceremony and legal registration are two completely separate things and specifically that the USCIS does not care at all about ceremonies only the legal registration (and since that logically makes sense to me- thus the requirement to return the license for legal registration as a final step to differentiate it from "just" a ceremony) I said fine, we'll just let people know that our ceremony stated we loved each other, we were committed to each other, and we are ready to share our lives together and we could wait for the official documentation at a time when the USCIS would, apparently, prefer that it occur.

5. At no time did we have ANY intention to lie to ANYONE- thus the dang post out in the dang open here on this forum, our not filing ANYTHING while I TRY and get a straight answer from SOMEONE and the multitudinous pictures we shared from the ceremony on social media, etc., etc., etc.

6. We will not even be OPEN to any kind of dishonest or unethical way to proceed even if people think it would work.

7. Again, since neither of us have any intention whatsoever of doing anything other than being perfectly open...

8. Are there other ways that people here have experience with reliably cutting through conflicting information with the USCIS? We are fully intending to follow the rules- gee, would it be great if it was at all clear what those are.

9. If this IS any kind of big deal to the USCIS even given this, we will adjust accordingly, absolutely

10. I was considering adding in pictures from our ceremony as evidence that our relationship was bona fide instead of hiding it in any way, shape, or form- much less asking my wife to in any way say anything other than what is completely honest.

11. You know, the thing is, we did not get married as a visa tactic :) . We wanted to make the commitment. So if this sends us down one path rather than another as far as the paperwork is concerned, then so be it

12. As stated, we had no intention of doing anything outside of any rules and now we have a rule that we would have been outside of. So, yeah, that changes everything immediately and that is because I was wrong on how I was reading the info.

Now, there are 12 things that, to my way thinking, simply could not possibly be more graphically clear that there was absolutely no intention of doing anything even remotely wrong.

Now, you copy and paste the things I said that justify me being accused of “lying” and “fraud” and let's compare the lists.

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

Going to bed. Will look again for any responses tomorrow. You guys have a GREAT forum with HUGELY helpful people that have CRITICAL things to share about a RIDICULOUSLY complicated topic. Thanks again for the help I/we have received.

Very happy you found the info. It's a long aggravating process but trust me it's worth it. CR1 takes longer but is cheaper and more beneficial up front (spouse can work). Good luck and keep us informed how it goes. We are all here to help one another as we can create what we re gong through better than those who are not.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Glad to hear that your way is clear. Read the Guides, the CR-1 Process forum, the Embassy/Consulate forum, and the Australia/New Zealand regional forum -- good stuff in all of them -- and holler back with unanswered questions. Wishing you all the best.

If you wish for this thread to be closed (= your choice) because the chief issue has been resolved, hit the "Report" button under any post and request closure.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Posted (edited)

OP, the processing times are not always as horrific as you think.

I was looking today at the people who have interviews today. One of them filed the I-130 in February - the same time as us. Their case was handled at the Potomac office of USCIS (it's luck of the draw where your case lands) and they were approving cases in 2 months. I have seen several cases lately where they have got to interview stage in less than 9 months.

I am currently at the NVC stage and it's going fast. I got my case number last week and my documents are almost ready to go. They are reviewing cases and setting up interviews in around 30 days. Lately some people have got through that stage in less than a week. I am hoping for a November interview. Not bad considering I filed in February and had a very long wait at Nebraska. If our case had been sent to Potomac I'd probably be on a train to the London embassy this week.

Take that into consideration and I wonder why anyone from a VWP country would even consider a K-1 when they can visit easily during the process. Especially someone with a career. Looking at London K-1s at the moment (as that is the best option for me to compare my case against) and they are not much quicker, to be honest. But they cannot work for several months, some are having difficulty getting driving licenses, they are not permanent residents and have to go through a huge adjustment of status circus and send more proof (yet again) of their relationship and have everything questioned and queried. When my husband saw what my situation would be in a K-1 he said "I don't want that for you. I want you to be free to come and go and to work and drive. And when you get here I want us to be done with all this forever." And I wouldn't want it either. In my profession the longer I am out of work, the harder it is to get back in and the lower the level I will have to rejoin at. Why would anyone do that nowadays just to arrive a few months quicker?

Edited by JFH

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!

Posted

This website is monitored by immigration? Really?

Yes. Really.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...