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Whitty121

Help for a confused man

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Hi.

I need help and advice please.

I met my girlfriend in February, I've been to see her three times, first for two weeks, then just over two months and this trip was scheduled to be 72 days.

She was and is currently married, her divorce has taken forever as the lawyer she hired is an idiot. Therefore I never expected anything but a normal visit on this trip.

However he has informed her that her divorce will be final by the end of the month, I'm due to leave on the 17th. She doesn't want me to leave and has hinted ( nothing is set in stone yet ) that she will ask me to marry her the second her divorce is signed.

I have no idea where that would leave me as far as immigration is concerned, I've read all about the k1 process but as I'll be staying in the country I don't know what I have to do. I've read that I have to file a change of status form along with a bunch of others, the main thing is I don't want to do anything incorrect or miss something vital.

If some could please help me through what I would have to do I would very much appreciate it.

Mark

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Which of you is the USC?


Married: 5-July-2015
----------
I-130 Petition Sent: 11-May-2016
NSC Received (Our Priority Date): 12-May-2016
NOA2 Received: 30-September-2016 141 days for I-130 approval
**Note: We received four text messages at 6:45 AM CST (Friday) about our case status update. We never received an e-mail nor alert from the app**
NOA2 Hard Copy Received: 06-October-2016
----------
Petition Sent to NVC: 17-October-2016 17 days for petition to be sent to NVC
**No alert of any kind received for this update; saw the change by logging into USCIS website**
NVC Received: 21-October-2016 4 days to be received at NVC
NVC Case Number Assigned: 31-October-2016 10 days for case number to be assigned
**Called NVC on 2-November-2016 and she said case and invoice number had been assigned 31-October.**
NVC Welcome Letter Received: 3-November-2016 @ 12:10 AM 3 days from case number assigned until Welcome Letter received and invoices unlocked
IV and AOS Fees Unlocked: 3-November-2016 @ 7:00 AM
IV and AOS Fees Paid: 3-November-2016
DS-260 Unlocked: 7-November-2016 2.5 business days for DS-260 to be unlocked
DS-260 Submitted: 8-November-2016
AOS & IV Documents Sent: 9-November-2016
Scan Date: 14-November-2016 5 days to receive scan date due to a holiday/weekend
Medical expedite requested: 14-December-2016
Medical expedite approved at consulate: 19-December-2016 Expedite approved with consulate but denied at NVC; still need to wait for case complete
Case on Supervisor Review: 22-December-2016
Case sent to the Review Department: 13-January-2017
Case Complete: 24-January-2017     10 weeks and 2 days at NVC before case completed
Case arrived at consulate/CEAC status "Ready": 1-February-2017
Interview: 21-February-2017   We scheduled our own interview because we had an approved medical expedite with the consulate. By sheer luck we got such a quick interview date because someone cancelled their appointment less than 20 minutes prior
Interview Result: Approved!!
Visa Issued: 21-February-2017     Visa issued same day as interview
DHL tracking information received: 22-February-2017     DHL tracking number appeared 28 hours after interview, scheduled for delivery the next day
Visa in hand: 23-Feb-2017
US POE (Minneapolis): 26-Feb-2017
 
 
 
 

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Some States require a gap period before re marrying.


“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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I've never personally done a K-1 process but as far as I know you would need to leave the country and then your (potential) fiancée should apply for the visa.

Also, depending on the state she lives in, there may be a few months wait before remarrying after divorce, so it's not like you guys can get married as soon as her divorce is final. (But like I said this depends on the state).


✨ AOS ✨

 

Nov/22/2016 ~ Package sent.

Nov/23/2016 ~ Received at Chicago Lockbox.

Dec/08/2016 ~ NOA Texts & email.

Dec/15/2016 ~ NOA Hard copy in mail.

Dec/23/2016 ~ Biometrics appointment letter in mail.

Jan/06/2017 ~ Biometrics done. 

Feb/02/2017 ~ Interview scheduled. 

Mar/09/2017 ~ EAD approved/card being produced. 

Mar/10/2017 ~ Interview.  Approved.

Mar/16/2017 ~ Greencard being produced (status update/text @ 3:30 pm) 

Mar/17/2017 ~ EAD was mailed.

Mar/17/2017 ~ Status update, I-485 approved.

Mar/21/2017 ~ Greencard was mailed. 

Mar/22/2017 ~ EAD received. 

Mar/24/2017 ~ Greencard received ❣️

______________________________________________________

So I guess USCIS sent me an EAD only to keep as a souvenir. 😒😂

 

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Hi.

I need help and advice please.

I met my girlfriend in February, I've been to see her three times, first for two weeks, then just over two months and this trip was scheduled to be 72 days.

She was and is currently married, her divorce has taken forever as the lawyer she hired is an idiot. Therefore I never expected anything but a normal visit on this trip.

However he has informed her that her divorce will be final by the end of the month, I'm due to leave on the 17th. She doesn't want me to leave and has hinted ( nothing is set in stone yet ) that she will ask me to marry her the second her divorce is signed.

I have no idea where that would leave me as far as immigration is concerned, I've read all about the k1 process but as I'll be staying in the country I don't know what I have to do. I've read that I have to file a change of status form along with a bunch of others, the main thing is I don't want to do anything incorrect or miss something vital.

If some could please help me through what I would have to do I would very much appreciate it.

Mark

hi, Once you are married you will be eligible to file for adjustment of status. They may question whether or not that was your intent initially however as long as you can prove a bonafide marriage then you will be excused. If you return unmarried but engaged then you would file for a K1 fiance visa which to my understanding can take some time, but you will have 90 days to marry. If you return home married you can file for a CR1 visa to return and adjust your status then. From timelines that can take about 6 months to a year. If you stay past your visit date you will be out of status and unable to work or do anything until you adjust your status. The cost is about 1500 right now but will soon be going up. The legal way would be to go home and have her file for you from there. Good Luck.


Pkg Sent:9/13/16


Received at Chicago Lock box: 9/16/16


Received Texts: 9/30/16


NOA1 Received: 10/4/16 : Receipt Date of 9/19/16


Bio Appt letter Received: 10/12/16


Bio Appt completed: 10/24/16


Card in production: 11/17/16


Combo Card received 11/25/16

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If she's free to marry (don't have a waiting period after divorce) you can either get married and start the CR-1 visa and then you go home and wait takes about a year. Or you can start the K-1 process while you are there and then you go home and wait the last couple of months before it gets approved.

You can't stay and adjust status since that would be fraud.


K-1 + K-2:                                                                                                                         AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/09/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/09/18.....ROC window opens

 

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Sounds like the OP had no plan on coming to stay or get married... if she proposes while he is here and they do marry, then he can adjust status as it was not planned..

Now if the OP has things back home he needs to deal with, perhaps the K-1 is a good route. The OP could go home and take care of his ordeals while the visa processes.

If he can just stay here with no issues then go for it. Again does not sound like it was the OP's intent at all to come get married so we can't say that it would be fraud.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif    

 

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If she's free to marry (don't have a waiting period after divorce) you can either get married and start the CR-1 visa and then you go home and wait takes about a year. Or you can start the K-1 process while you are there and then you go home and wait the last couple of months before it gets approved.

You can't stay and adjust status since that would be fraud.

Why would it be fraud? OP clearly stated that they expected this to be a temporary visit as they didn't think the divorce would be anywhere near final THEN circumstances changed, the divorce may come through so they may get married. No fraud there.


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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Hi, thanks to those with the helpful responses.

I didn't have any intention on staying or getting married, things have just clicked so well that she wants me to stay forever. I do have things back home to take care of but I can deal with most of it on line or with family help if needed. I must admit I don't want to leave her, she's had a hard time and I feel better being here to look after her.

Also it was never my intent to move here at all, she an Anglophile and wants to come live in England, her children are settled in school though and they don't want to move until that's finished, plus she needs to file a tpr against her ex in order to take them out the country.

From what I've been told I need to file an aos and then a bunch of other forms, I-485 and some other ones. I don't know what, when or how though.

Thanks

Mark

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Follow the guide: http://www.visajourney.com/content/i130guide2

There is no waiting period for remarriage in Virginia, but it seems either party can petition to suspend the final order of divorce within 30 days of the final order being issued. For that reason it seems some lawyers in Virginia advise to wait 30 days from the date of the final order of divorce before remarrying, though you don't have to.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Don't you have job, apartment .. etc to take care of back home?

I always wonder about this when I see posts like this. I mean how does someone leave for extreme periods of time and finance it! Either I have the wrong job or they are rich LOL

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I always wonder about this when I see posts like this. I mean how does someone leave for extreme periods of time and finance it! Either I have the wrong job or they are rich LOL

Right? Lol. Some people are lucky enough to have a job that allows them to work remotely as long as they have a computer. And some are lucky enough to work for a company willing to hold their jobs for them for a few months.

Either way they're winning at life ?


✨ AOS ✨

 

Nov/22/2016 ~ Package sent.

Nov/23/2016 ~ Received at Chicago Lockbox.

Dec/08/2016 ~ NOA Texts & email.

Dec/15/2016 ~ NOA Hard copy in mail.

Dec/23/2016 ~ Biometrics appointment letter in mail.

Jan/06/2017 ~ Biometrics done. 

Feb/02/2017 ~ Interview scheduled. 

Mar/09/2017 ~ EAD approved/card being produced. 

Mar/10/2017 ~ Interview.  Approved.

Mar/16/2017 ~ Greencard being produced (status update/text @ 3:30 pm) 

Mar/17/2017 ~ EAD was mailed.

Mar/17/2017 ~ Status update, I-485 approved.

Mar/21/2017 ~ Greencard was mailed. 

Mar/22/2017 ~ EAD received. 

Mar/24/2017 ~ Greencard received ❣️

______________________________________________________

So I guess USCIS sent me an EAD only to keep as a souvenir. 😒😂

 

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