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Bilou

M1 or waiting?

By Bilou in What Visa Do I Need - Family Based Immigration

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Bilou Newbie

Bilou   0

Posted
Filed: Other Country: France
 Timeline
Posted

Hi everyone- I hope everyone is okay!

I need to ask you a little question. I am French, and I will soon go to do a training in the USA under an M1 visa (if accepted by the embassy).

My girlfriend is American, met in England and we would like to get married since some time now, but here I ask myself a question

Do you think I have to postpone my training start date to apply for the K1 from France? Or wait to be in the US with my M1 and ask for AOS? 

Really sorry, I start and I try to understand a little everything!

Good Weekend to all! 

Thanks!

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

M-1 does not permit immigrant intent. As such, you cannot enter with intent to adjust status (AOS).

 

You can enter on an M-1 and have a pending I-129F petition (K-1 visa path) so long as you intend to return home, and can show ties to return home to CBP (if requested).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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