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B-2 Visa Holder Married USC in the USA

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Filed: K-1 Visa Country: Philippines
Timeline

Hi,

 

My friend entered the Hawaii in August 2018 for like the 4th time to stay with the USC boyfriend. She delayed her departure for a few times but left in November which i believe was fine because her I-94 didn't expire.

In December 2018, our Hawaii-based company asked her to come back for training. this time the i-94 is valid for six month. Now, she and the USC bf got married. 

 

what is the best move for her? it was obvious that she doenst want to leave the US anymore.

 

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Filed: K-1 Visa Country: Wales
Timeline

File and adjust. That would be the obvious option.

“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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Option 1: File for AOS.

She can't work or leave + return to US without an EAD or AP.

ETA for those is approximately 4-7 months on average.

AOS itself doesn't appear to take too long from Hawaii.

 

Option 2: File only an I-130 and get a CR-1 visa abroad.

She returns before her I-94 expires. She can visit during the process, subject to CBP discretion (as always).

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

 

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