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Julune

Abandon K-1 and AOS Questions

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Filed: Citizen (apr) Country: Vietnam
Timeline

Any air travel through US with a ban will be prohibited.

ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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I always say better safe than sorry. If for whatever reason your husband decides he doesnt like Canada and wants to move back to the states that 3 year ban will then be a problem. Or maybe one of his relatives dies and you have to miss the funeral, or maybe your company wants to send you on a business trip to Buffalo, just 1 hr away so probably not that strange, and lo and behold you have a ban and can not go. I am sure you are excited to be going home but think about all possible consequences of a possible ban. 

 

Other than that good luck back home in Canada. Hope its all you want it to be and more for you and your husband/family

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
4 hours ago, Julune said:

That’s awful. I’m glad I’m done with them.

 

What do you mean by do not come to the attention of the authorities? Do you have any idea what will happen when I cross the border with a truck of my stuff? 

Will your spouse be with you when you travel? Don't do what we did and cross with a U-Haul worth of belongings everyone in tow. I am not aware of Canadian immigration law but if it's anything like the US they may expect your spouse to have a visa. The worst situation you could find yourself in is you coming back to Canada with an overstay and your spouse being told to go back to the US to wait for his visa. I know this because I've lived this story for over a year but have been fortunate to visit my spouse. I assumed a lot with moving such as being able to hang out in the opposite country for 6 months. 

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Just now, acidrain said:

Will your spouse be with you when you travel? Don't do what we did and cross with a U-Haul worth of belongings everyone in tow. I am not aware of Canadian immigration law but if it's anything like the US they may expect your spouse to have a visa. The worst situation you could find yourself in is you coming back to Canada with an overstay and your spouse being told to go back to the US to wait for his visa. I know this because I've lived this story for over a year but have been fortunate to visit my spouse. I assumed a lot with moving such as being able to hang out in the opposite country for 6 months. 

What we plan on doing is having myself go back in a moving truck with all of our belongings with my mom, and he go back in his own vehicle just saying he’s visiting for a couple months. Then he’s going to apply asap for permanent residency hopefully!

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Filed: AOS (apr) Country: Cyprus
Timeline
4 hours ago, Californiansunset said:

No jail time otherwise the prisons here would be full of people with overstay. So you never applied for AOS, thus were never able to work?! I'm surprised.

Anyways more than 180 days out of status triggers a 3 year ban. Any overstay lowers the chances of ever being permitted into the U.S. again just keep that in mind. I'm surprised that doesn't bother you. In the end it's your husband's home country with his family living here. 

 

If you don't apply for AOS within the 3 months of entry with the K1 you have to file the I-131 plus the I-485 instead of just the I-485 from K1, so that means you pay a lot more to adjust status. If you don't mind having a ban and an overstay on your immigration records, I guess don't worry about adjusting.... I'd play safe and adjust status and wait it out because you never know what might come up that you end up wanting to move back here or even just come to visit... 

That is incorrect. 
You meant the I-130 ? 
I-131 is advanced parole (travel permit) which should be filed with AOS anyway and is free as is the I-765 (EAD).
If you do not marry within the 90 days you have to file a I-130 but if you are married and file after 90 days you can file "a bit" later without
having to file a I-130 with AOS.
Practically out of status but forgiven when AOS is then filed. 


 

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
5 minutes ago, Julune said:

What we plan on doing is having myself go back in a moving truck with all of our belongings with my mom, and he go back in his own vehicle just saying he’s visiting for a couple months. Then he’s going to apply asap for permanent residency hopefully!

Just a friendly suggestion to make sure you look at the immigration laws moving to Canada. My spouse and I really screwed up my green card going to the US. I'd hate for you or anyone else to have to go through what we have.

 

You may know this already but label all of your boxes and belongings when you enter. Customs will likely ask for a manifest of items.

 

Your overstay will have no bearing on the Canadian side. I have immigration issues having been denied entry to the US. I find it funny just how easy Canada is willing to take me back when I have to get interviewed extensively when I visit the US. You should have no problem leaving.

Edited by acidrain
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1 minute ago, acidrain said:

Just a friendly suggestion to make sure you look at the immigration laws moving to Canada. My spouse and I really screwed up my green card going to the US. I'd hate for you or anyone else to have to go through what we have.

 

You may know this already but label all of your boxes and belongings when you enter. Customs will likely ask for a manifest of items.

 

Your overstay will have no bearing on the Canadian side. I have immigration issues having been denied entry to the US. I find it funny just how easy Canada is willing to take me back when I have to get interviewed extensively when I visit the US. You should have no problem leaving.

Oh I definitely will be. It’s super scary knowing that we could be living apart so suddenly if all doesn’t go well.

 

What happened if you don’t mind me asking?

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Filed: K-1 Visa Country:
Timeline

I’d advise to adjust status. You don’t want trouble behind you. I also don’t see how you lived all this time without adjusting status. That means no job, no leaving, no driver’s license in some states. No AOS means you are living in limbo and every time you try to apply to something you hit a road block. I don’t get how you didn’t figure it out. Also, you should have done your research on the K1 process even if you used a company to process it. 

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Just now, TNJ17 said:

I’d advise to adjust status. You don’t want trouble behind you. I also don’t see how you lived all this time without adjusting status. That means no job, no leaving, no driver’s license in some states. No AOS means you are living in limbo and every time you try to apply to something you hit a road block. I don’t get how you didn’t figure it out. Also, you should have done your research on the K1 process even if you used a company to process it. 

What would happen if I weren’t to adjus status, and move back to Canada? Honest question, I’m just trying to figure this out since we’re hoping to get out of this country by next month. 

 

I can’t get a job or drive regardless because of my anxiety, so it’s no issue on my end. Plus my family lives an hour away and just drives over the border to see me.

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Filed: K-1 Visa Country:
Timeline
10 minutes ago, Julune said:

What we plan on doing is having myself go back in a moving truck with all of our belongings with my mom, and he go back in his own vehicle just saying he’s visiting for a couple months. Then he’s going to apply asap for permanent residency hopefully!

Yeah, lying to immigration. That sounds like a perfect plan. 

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Filed: K-1 Visa Country: Wales
Timeline

How long would it take to adjust, not sure what the time lines are now but not quick.

 

And the OP is going back very soon.

 

Do not know how Canadian Immigration works, wonder if the OP does.

“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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Filed: Citizen (apr) Country: Canada
Timeline

~~Move to Emigrating Outside the US, from AOS Family K1/K3 - The OP and her husband are no longer going to AOS and are moving to Canada.~~

 

Mod hat off

 

Unlike the US Canada allows Entering the country with the intent to immigrate. There is no need to lie at the border or take two vehicles. State your intent at the border and they will stamp his passport to allow a longer stay and get the process started.

Also before you leave have your husband get his FBI clearance. I remember other members stating that was the hardest thing to get once leaving the US.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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11 minutes ago, Ontarkie said:

~~Move to Emigrating Outside the US, from AOS Family K1/K3 - The OP and her husband are no longer going to AOS and are moving to Canada.~~

 

Mod hat off

 

Unlike the US Canada allows Entering the country with the intent to immigrate. There is no need to lie at the border or take two vehicles. State your intent at the border and they will stamp his passport to allow a longer stay and get the process started.

Also before you leave have your husband get his FBI clearance. I remember other members stating that was the hardest thing to get once leaving the US.

Thanks! I appreciate that. Someone that has done this before told us to do what i started earlier. I didn’t think it was lying because he would be staying a few months until he applied!

 

So you think take the same vehicle? Just say he’s going to do a spousal visa inland?

 

What do you mean by FBI clearance? Just a police record?

Edited by Julune
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