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milkmndan

travel before AOS & I-130

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H all, first post here, been lurking. so far very helpful. just had a quick question.

 

we're gonna work with an attorney, and she says after the wedding in the states to stay in the states wait 3 months and then do AOS and I-130 I guess synchronously.

the plan is after the wedding to spend that 90 day waiting period in Canada, come back and start the process in the states.

will our plan create problems? we will travel separately back and just won't mention marriage, maybe just family to the agents.

 

 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

This is incredibly illegal and can land you with a lifetime ban from the US.

 

Our attorney mentioned it to us too because it is legal if you enter the US WITHOUT the intent to immigrate (which you clearly would not be doing). It exists to allow people that came over on legitimate visas (such as student visas) and met and married a USC to apply for their green card without having to leave again. If your attorney is actively encouraging you to take this route, find a new attorney. 

I am not a lawyer and nothing I say is or should be taken as legal advice. 

 

CR1/IR1 Timeline:

 

Spoiler

Married: August 18th 2018

I-130 Sent: September 18th 2018

PD: September 20th 2018 TSC

NOA1 Received: October 5th 2018
Case Inquiry: July 13th 2019 

Case Inquiry Response: July 24th 2019 - in line for processing.

Escalated Case Inquiry: August 6th 2019 - tier 2 found that internal status was "in background check" despite results coming back 4 months prior.

Escalated Case Inquiry Response: August 7th 2019 - case was "delayed" because they had to "perform additional review" 🙄 case now with an officer.

NOA2: August 22nd 2019 (336 days)

Sent to DOS: September 5th 2019

NVC Received: September 13th 2019

Case Number: October 9th 2019

DS-260 Completed: October 28th 2019

NVC Docs Uploaded: October 29th 2019

DQ: December 18th 2019

Became IR1: August 18th 2020

IL: October 13th 2020

Interview: November 2nd 2020

Visa Received: November 5th 2020

POE: November 8th 2020

GC Received: January 23rd 2021

 

CR1/IR1 Montreal FAQ:https://docs.google.com/document/d/1k927pE5wqzTN5n0lPYZ1JQxgbmnzmNWX5hSteyii0BY/

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Filed: Citizen (apr) Country: Canada
Timeline

It is a TOS Violation for members to give you anything but the legal options you have. As mentioned above your plan is fraud and cannot be condone. Find another lawyer she has given bad advice there is no 90 day rule for AOS it's all about the intent at the border which you are clearly going to try and hide.

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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Filed: Citizen (apr) Country: Taiwan
Timeline
12 hours ago, milkmndan said:

H all, first post here, been lurking. so far very helpful. just had a quick question.

 

we're gonna work with an attorney, and she says after the wedding in the states to stay in the states wait 3 months and then do AOS and I-130 I guess synchronously.

the plan is after the wedding to spend that 90 day waiting period in Canada, come back and start the process in the states.

will our plan create problems? we will travel separately back and just won't mention marriage, maybe just family to the agents.

 

 

Are you aware that misrepresentation can later result in any and all immigration benefits being revoked plus a lifetime ban??????   Don't try this "plan".......

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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