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Jrozzler

Crazy immigration lawyer?

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Hello I just got engaged to my Canadian fiancé. We have been dating for two years.  She is going to move here to the states with me. I spoke with an immigration lawyer and he told me that we could get a marriage license and apply for AOS, here in the states and skip the k1 or. CR1 visa process. I thought that was fraud but he told me as long as we didn't send out wedding invitations and did low key then it would be fine and save us a lot of time and money. This seems sketchy to me. What do you think? And what is trhe cheapest, fastest route to take?  I thought I was set on the k1 but this lawyer just through me for a loop!Thank you! 

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Your gut feeling is correct. Read the guidelines for a K-1 (Fiance) or CR-1 (Married) Visa. There is no cheap fast route per se. 


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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I don't know why attorneys tell this to people.  When my husband I decided to apply for a visa I called an attorney and had a consultation.  He told me basically the same thing.  He said have him come on a tourist visa and then get married and he can stay.  My thought was "oh great now I know what to do".  I told my husband and he said no no you can't do it that way.  Then doing some research I found VJ and we got married in his country and applied for Cr1 WITHOUT the lawyer.  And you are right, that would be fraud.

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If she enters the US without an immigration visa with the intent to immigrate, then that's fraud.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Unless ofc she is in the US right now. In which case the intent upon her entry was not to get married (if you guys do). In this case she can stay and adjust status...

 

I had never heard of this either before VJ and it seems like a thin line. I mean I guess even if intent was not there, how do you prove that it wasn't? 


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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2 minutes ago, Suss&Camm said:

Unless ofc she is in the US right now. In which case the intent upon her entry was not to get married (if you guys do). In this case she can stay and adjust status...

 

I had never heard of this either before VJ and it seems like a thin line. I mean I guess even if intent was not there, how do you prove that it wasn't? 

 

Intent is nor a factor by then


“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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1 minute ago, Boiler said:

 

Intent is nor a factor by then

Not even if they suspect you of committing visa fraud...? I mean I get it and I don't I guess hahahaha


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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2 minutes ago, Suss&Camm said:

Not even if they suspect you of committing visa fraud...? I mean I get it and I don't I guess hahahaha

In which case you would not have been allowed entry.


“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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1 minute ago, Boiler said:

In which case you would not have been allowed entry.

Ah... ok so this is decided at the border...gotcha.. thnx :)


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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**** off topic post and replies to same removed.  Stick to constructive advice for the Op or do not post *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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It would be fraud if you planned to arrive here , marry @ adjust, its been done

many times, however  coming on vwp & being denied would not allow you

appeal the denial.Be honest & careful; what you do in the process.

 

If ones already in the country , they can adjust after marrying

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8 minutes ago, Jawaree said:

It would be fraud if you planned to arrive here , marry @ adjust, its been done

many times, however  coming on vwp & being denied would not allow you

appeal the denial.Be honest & careful; what you do in the process.

 

If ones already in the country , they can adjust after marrying

canadians dont enter on VWP!!! its a b2 that u dont need a visa for.

 

2 hours ago, Suss&Camm said:

Ah... ok so this is decided at the border...gotcha.. thnx :)

haha exactly;) 

 

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