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Filed: AOS (pnd) Country: Australia
Timeline
Posted

Hey guys!

I'm in the middle of compiling my marriage visa application and it's all going pretty well and smooth but just wanted to get some advice from anyone who might have been in a similar situation as me. Basically, my husband and I met in 2015 right before he moved to California for work (I was living in NYC, studying there full time). So we met and connected very quickly, and then began a long distance sort of friendship/relationship. We would visit each other here and there, we chatted all the time, he met my family when they were in California visiting my sister (her husband is American and they were living in Cali at the time) etc. We were falling in love but separated by distance. In December I finished my studies and went home to Australia for Christmas, and my partner decided to come over New Years to meet the rest of my family and my friends. Then in January, I returned to the States on a Tourist Visa (ESTA) as I wanted to do some traveling now that I had finished my studies, and my partner proposed to me. We got married last week and I'll be filing my application in a couple of weeks.
It felt as though I had a very straightforward case, but as I'm preparing it I'm afraid that it's going to look like we had the intention of marrying when I re-entered the States, which isn't the case. When I came into the US and they asked the purpose of my trip, I said to travel and visit friends, which was the truth, but of course I didn't say "there's this guy who I think I'm in love with, it's complicated" - you know??

 

Anyway, just wanted some advice!! Our relationship and marriage are completely bona fide and in good faith, I'm just concerned that they might think we had intention to marry and I would love any advice from people who have had a similar situation.

 

Thank you kindly!! :)
 

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Charlieo, I don't think you will have any trouble.  Put together a timeline of your relationship.  Show that your partner came to Oz, and that your families are all on board with this.  All of us have had to put up with some sort of long distance.  Show your phone records, or your chat records to prove you were in touch while apart.

 

I'm assuming you had a fairly small/simple wedding?  If you catered for 600, it's going to be hard to proved that wasn't a "preconceived" notion, but as you describe it, it sounds as if both of you have the attitude of "go with the flow". 

 

In my own case, we had purchased our rings (because there was a great sale in Oz), and brought them back to the US with us.  We had no intent on marrying at any given time during her stay.  But circumstances said "It's time", and we jumped.  We had six people at our wedding.  We planned the whole thing in one month.  And we sailed through! 

 

Of course, then she went back to Oz while we filed the I-130 and CR-1 paperwork.  But because Australia is part of the ESTA plan, she could come visit while we were waiting.

 

Good luck, mate!

 

Sukie in NY

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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

I agree with Sukie's response, I think you should be fine. The only think that I might emphasis is to pull together what information you can to demonstrate that the engagement and planning (ring purchase, etc.) happened after you entered the US. I would imagine that there is at least some evidence to support the timing of the engagement, etc. (text messages with friends and family, etc.).

Relationship:     First met 2015, Married since Oct 2016

Spoiler

2015 Apr - First met and started chatting online (he was in the US on a J-1 visa)

2015 Sep - J-1 visa expires (2 year home stay requirement)

2016 Feb - First trip to China (10 days): met friends and family, celebrated Spring Festival (Chinese New Year), lots of sightseeing (including seeing pandas), and lots of food

2016 Feb 06 - Purchase matching jade necklaces to mark engagement

2016 Jun/Jul - Second trip to China (10 days): lots more sightseeing, food, and time with friends/family

2016 Sep/Oct - Third trip to China (10 days) this time with my parents so that my parents could meet him and his mom, along with lots of sightseeing and food (i'm sure you've picked up on a trend by now :D)

2016 Oct - At the end of the time in China my parents, myself, and Xuan all traveled to Canada (7 days) so that we could get married, but unfortunately his mom couldn't come along with us.

2016 Oct 08 - Wedding day on top of Mount Washington on Vancouver Island, and it had just snowed the night before. (L)(L)

2017 Jan - Fourth trip to China (7 days), you guessed it: food, family, friends, spring festival, ...


The CR-1 Process:    NOA1 - PD 27 Dec 2016 (TSC)

Spoiler

2016 Dec 21 - Sent I-130 packet (along with G-1145 for e-notification) by USPS priority mail express (1-day), but missed the pick-up so it won't actually leave till the next day

2016 Dec 23 - Delivery confirmed by USPS

2017 Jan 03 - Payment drawn from bank account

2017 Jan 04 - Text and email confirming USCIS receipt of petition, assignment to Texas Service Center for processing and SRC case number

2017 Jan 09 - Received I-797c notice of action by mail (NOA1) with assigned priority date of 27 Dec 2016

2017 ??? ......... just waiting patiently for NOA2 (hopefully by April/May if they ever stop transferring cases from Nebraska)

 

Posted

Intent is determined at the border. They let you in, you should be fine :)

Congratulations on the marriage!

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

Filed: AOS (pnd) Country: Australia
Timeline
Posted

Thank you guys! Appreciate the advice and help. We didn't have anyone at the wedding actually! It was just a simple lovely little courthouse do with our witness, my brother in law. We are going to have a bigger wedding in Australia next year. Is this something we should mention or not??

I'm just panicking that they're going to say "Why didn't you mention this complicated long distance partner of yours when you entered the country?" or something hah.  EG&XY - how and where do I include this kind of info? Is that to bring to the interview? Or would that be considered additional documents to support bona fide marriage? And with those kinds of phone bill record, messages from friends type of evidence - do I include them as screenshots? How do I show the date in that situation?


Cheers everyone much appreciated!!

Posted

You should be fine. If you were trying to file for adjustment of status while still in the US on your tourist visa that's a different story, but you have history with your husband, you returned to Aussie after, and you're filing from abroad I assume?  If so you'l be fine.

Got married: 26th Sep 2013 

I-130 Petition Process:

Sent petition to USCIS Chicago lockbox (via in-laws to put check in US$): 11 Mar, 2016

NOA1: 24 Mar, 2016 (email notification 30 Mar. Hardcopy 11 Apr)

Service Centre: NEBRASKA

NOA2: 3rd Aug 2016

Petition sent to NVC: 18th Aug 2016

NVC Stage

Case number assigned: 8th Sep 2016

Paid AOS Fee: 9th Sep 2016

Paid IV Fee: 14th Sep 2016

DS-260 submitted: 25th Jan 2017

AOS & IV Package sent: 25th Jan 2017

Expedite requested: 25th Jan 2017

Expedite approved (consulate only): 1st Feb 2017

Scan Date: 31st Jan 2017

Case Complete: 14th April 2017 (10 weeks 4 days)

Full expedite approved (bypass NVC to send file to embassy), however too late as I already had case complete 17th Apr 2017

Case arrived at Embassy: 21st April 2017

P4 letter received: 26th April 2017 (expedite at embassy stage so this came from the consulate, not NVC)

Medical date: 26th April 2017

Interview date: 4th May 2017 APPROVED!!

Visa received: 8th May 2017 

POE (entered the USA): 15th May 2017 

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

**** Moving from CR-1 spousal visa to AOS from Tourist visa forum ******

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.

mod penguin.jpg

Filed: AOS (pnd) Country: Australia
Timeline
Posted
4 hours ago, Thesmiths2016 said:

You should be fine. If you were trying to file for adjustment of status while still in the US on your tourist visa that's a different story, but you have history with your husband, you returned to Aussie after, and you're filing from abroad I assume?  If so you'l be fine.

I am in the US - my husband and I have a history in the US - we met in June 2015 while I was studying and he moved to California shorty after, we began a long distance relationship, visited each other regularly (he met my parents while they were in Cali and I was there visiting them), spoke on the phone and texted daily, then he came to Australia while I was home for Christmas in December 2016, and I returned to the States in January 2017 on a tourist visa as I had finished my course and wanted to travel around the US a bit. He proposed to me, we got married here in Southern California, and I am still in my ESTA window and will be applying from here. We consulted a lawyer and he alerted us to the 60 day rule, so we got married after 60 days and I will be filing while still within the 90 day WVP.

Filed: Other Country:
Timeline
Posted (edited)
10 hours ago, charlieo said:

I am in the US - my husband and I have a history in the US - we met in June 2015 while I was studying and he moved to California shorty after, we began a long distance relationship, visited each other regularly (he met my parents while they were in Cali and I was there visiting them), spoke on the phone and texted daily, then he came to Australia while I was home for Christmas in December 2016, and I returned to the States in January 2017 on a tourist visa as I had finished my course and wanted to travel around the US a bit. He proposed to me, we got married here in Southern California, and I am still in my ESTA window and will be applying from here. We consulted a lawyer and he alerted us to the 60 day rule, so we got married after 60 days and I will be filing while still within the 90 day WVP.

 
 
 

I think you will be alright mate

I had a friend who did the same, only differences between your case and hers that she has kids before they got married and she didn't meet the guy in the US.

 

It doesn't matter I think, just when you do the interview - make sure you have all the required documents to prove to them that your relationship is true. I know some people who use B1/B2 and got married. Some got away with it, lucky them - it's unfair for the others who waited in the line. I guess it's fate & pure luck

 

If things go wrong, you just have to accept it. I wish you all the best. 

 

You'll be alright.

Edited by cookiesandlove
Posted

i dont know if the 30-60 days rule is a myth or it is true. in your case you crossed the border and got married and plan to file in less time than 60 days?. As i told you dont know if this is true or just a myth. my only advice is that you should try to remember all the questions the officer asked you in the airport and what you answered to that, as a way to avoid any risk related to immigration fraud. sorry to tell you that but the first time i ve heard about this rule was from a law firm here in Manhattan, New York advising a customer friend of mine,  in this case they got married 1 year before and she came for a visit and decided to start the process,

Filed: Other Country: Philippines
Timeline
Posted

I have read your story hopefully as an objective observer....  I think you probably will not have a problem but there are some significant red flags in my mind the way you tell the story...

Here is what I see...  You have been dating for a year and in Dec of 2016 everything was serious enough that he flew to Australia to see you over Christmas and meet your family.  Shortly after you entered the USA and didn't mention that you had a BF in the USA for fear that they might not let you in.. Presumably you were concerned that if you mentioned your BF in the USA that they would be concerned that you might marry and adjust status and thus that they might (rightfully in that case) deny you entry... In my mind that fear and not mentioning your BF at the time does suggest that while maybe that wasn't your intent that the deception was because you considered it a possibility.   It seems  you justified in your mind not mentioning him.. so perhaps there is more to the story that things truly did change after you entered the USA such that you were not considering marrying and adjusting status.  You are married now.... Your choices are simple.   Attempt to adjust status or return to Australia and wait out the I130 with the possiblity of visiting while waiting.   I personally believe that there are risks in filing to adjust status under these circumstances...  I think if you go that route that you need to consider further why not mentioning a BF in the USA at POE would not be considered misrepresentation.  

 
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