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susanm

Need help....married in US on k-1 visa and spouse had to return home before filing AOS

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My spouse and I applied for and received the k-1 visa and were married July 26. Before he was able to file for AP or AOS, he had to return home to Australia.

We are confused on what avenue to take in order for him to legally return to the US and file his AOS?

Any help would be appreciated!

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He is out of luck and you will have to file all over again for him. He didn't have legal status just because you got married. Getting married just satisfies the requirement of the k1 visa. Without the advance parole, which is the travel permit, he isn't allowed to leave the country. If you had filed for AOS and received either the advance parole or the EAD combo card, then he would have been able to go home and come back easily.

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AOS is for when the immigrate is INSIDE the US. You have to go the spousal visa route. File the I-130 as soon as possible to get the ball rolling. Should take about a year.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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That is what I was afraid of. Is he allowed to visit once that is filed? Or will he not be able to enter the states until it is issued?

Seems like we have already been waiting forever :(

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Unless he has or is able to obtain a visitor visa he won't be able to return until the spousal visa is issued to him. Hopefully it will get approved fast for you.

Good luck.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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So could he come back over on his visitors visa and us file the paperwork for AOS then? Since it has only been less than a month?

No. That would be immigration fraud. A visitors visa is to visit.


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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So could he come back over on his visitors visa and us file the paperwork for AOS then? Since it has only been less than a month?

Its weird, coz normally when K1 visa is issued, other types of US visa found in ur passport will be cancelled.

Edited by zzmr_qzz

USCIS:

2016-04-16: Filed I-129F

2016-04-18: USPS tracking shows package as delivered

2016-04-20: NOA1 E-mail received. Routed to CSC for processing.

2016-07-13: NOA2 App Notification. (84 days)

2016-07-19: NOA2 Hard Copy Rec'd

NVC:

2016-07-28: NVC case received

2016-07-29: NVC case #

2016-08-02: NVC left to Embassy (In Transit)

Embassy:

2016-08-04: Case is "READY"

2016-09-07: Medical exam

2016-09-12: Interview (APPROVED)

2016-10-01: JFK POE (Ticket booked)

event.png

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You already had the k1 which is an intent to marry visa.. therefore, he cannot come to the USA on a VWP and get married on that. You will have huge problems.... You need to apply for the CR1 spousal visa.. IF he is allowed to visit on VWP (and i highly doubt that) then he can VISIT and leave before his time is up.. you can start the spousal petition asap.. he is from Aus so it will probably take a year and shouldnt be that hard. obviously you had a very very good reason for him to leave, as you knew this was the consequence. You are married, so no, he can not come on a VWP and AOS. You spent all the time/money on the K1 so i assume a death in the family or something drastic was the reason for him going home.. therfroe, just start the CR1 paperwork asap and hopefully he can visit in the meantime (that would be something most countries are not entitled to) he would have to show strong ties back home ect but i think he may be ok to visit.

good luck

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So could he come back over on his visitors visa and us file the paperwork for AOS then? Since it has only been less than a month?

What date did your fiance enter the US?

Did he leave before 90 days were up?


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

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About a year.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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