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gregoryagu

Visiting Home Country after proposal but before marraige

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Filed: EB-2 Visa Country: Russia
Timeline

A friend of mine, Bob, met a woman from the Ukraine, and he subsequently proposed and they got married here in the US. 

 

To me, it looks like all is well except for one thing: She went back to her home country, not once, but twice between the proposal, and the actual marriage.  I think this is going to be a red flag.  They are here in the US, and they are about to do their interview next month.  It seems to me that after the proposal, if she goes back to her home country, then should would need to do a K-1 Visa to legally re-enter.  But she already had a Business Visa, so she continue to use that.  Is there cause for concern?  Did she violate protocol by not staying in the US until the marriage was completed?    Should the proposal have waited until she was back in the US in Jan?

 

It a complicated story, but I have boiled it down to these relevant dates.  

 

December 23 2016 Met on online website.  We continued our relationship daily via Skype for the next 44 days until February 6, 2017.

February 6, 2017  Bob visits Ukraine for two weeks.
 
March 6th Irina comes to visit Frank for three months on Business Visa.   

May 31st  Irina   goes back to Ukraine for two weeks, then returns to US.

July 18th  Proposal/Engagement
 
October 26th  Irina  traveled to Ukraine for business for one week, then back in the US.

January 22nd 2018 Irina  traveled to Ukraine for business again for 3 weeks

March 24th Irina and Bob legally married.
Edited by gregoryagu
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Filed: AOS (apr) Country: Philippines
Timeline
3 minutes ago, gregoryagu said:

A friend of mine, Bob, met a woman from the Ukraine, and he subsequently proposed and they got married here in the US. 

 

To me, it looks like all is well except for one thing: She went back to her home country, not once, but twice between the proposal, and the actual marriage.  I think this is going to be a red flag.  They are here in the US, and they are about to do their interview next month.  It seems to me that after the proposal, if she goes back to her home country, then should would need to do a K-1 Visa to legally re-enter.  But she already had a Business Visa, so she continue to use that.  Is there cause for concern?  Did she violate protocol by not staying in the US until the marriage was completed?    Should the proposal have waited until she was back in the US in Jan?

 

It a complicated story, but I have boiled it down to these relevant dates.  

 

December 23 2016 Met on online website.  We continued our relationship daily via Skype for the next 44 days until February 6, 2017.

February 6, 2017  Bob visits Ukraine for two weeks.
 
March 6th Irina comes to visit Frank for three months on Business Visa.   

May 31st  Irina   goes back to Ukraine for two weeks, then returns to US.

July 18th  Proposal/Engagement
 
October 26th  Irina  traveled to Ukraine for business for one week, then back in the US.

January 22nd 2018 Irina  traveled to Ukraine for business again for 3 weeks

March 24th Irina and Frank legally married.

What happened to Bob?

 

No K1 because they are already married. 

 

She can either adjust status from inside the USA (means she must remain here) or be petitioned for a spousal visa

YMMV

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Filed: EB-2 Visa Country: Russia
Timeline
2 minutes ago, payxibka said:

No K1 because they are already married. 

 

She can either adjust status from inside the USA (means she must remain here) or be petitioned for a spousal visa

Correct, no K1 because they are now Married.  So they are now doing the Ajustment of Status for her.  My concern is the fact that she left the country twice after the engagement, before they got married.  This is proof that she committed Visa fraud, as obviously they were planning on getting married on a Business Visa.

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They have an interview coming up, so I am assuming they filed for AOS. What did she say when she entered the US on her business visa? Was she actually here for business? Or did she just use her business visa to get into the US to marry Bob/Frank? If she misrepresented the purpose of her visit, that might cause problems. 

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Filed: EB-2 Visa Country: Russia
Timeline
Just now, MariekeH said:

They have an interview coming up, so I am assuming they filed for AOS. What did she say when she entered the US on her business visa? Was she actually here for business? Or did she just use her business visa to get into the US to marry Bob/Frank? If she misrepresented the purpose of her visit, that might cause problems. 

Yes, they field for an AOS.  She said that she was entering the US to study her religion which they were ok with.  But yes, it was a misrepresentation, because she was already engaged, so clearly she intended to get married.

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4 minutes ago, gregoryagu said:

Yes, they field for an AOS.  She said that she was entering the US to study her religion which they were ok with.  But yes, it was a misrepresentation, because she was already engaged, so clearly she intended to get married.

I doubt they would let her in to study on a business visa...

Maybe she should create her own profile here to ask for advice. She'll probably be better able to answer questions about the details. 

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Filed: EB-2 Visa Country: Russia
Timeline
4 minutes ago, MariekeH said:

I doubt they would let her in to study on a business visa...

Maybe she should create her own profile here to ask for advice. She'll probably be better able to answer questions about the details. 

I tried to get her to come here, but she preferred I ask for her.  In any case, to complicate the picture, they DID have an issue with her Visa and it was cancelled on 17 February, but she was already back in the US at that point. She said that no reason for the cancellation was given - it was sent to her Lawyer in the Ukraine.

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If she entered with intent to stay and/or made misrepresentations to CBP,, then that would be fraud.

In practical terms, intent was determined at POE. AOS will not be denied due to intent at this point.

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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Filed: EB-2 Visa Country: Russia
Timeline
3 minutes ago, geowrian said:

If she entered with intent to stay and/or made misrepresentations to CBP,, then that would be fraud.

In practical terms, intent was determined at POE. AOS will not be denied due to intent at this point.

How can you be sure AOS would not be denied when clearly she DID make misrepentation to CBP?  It just seems to me to be fairly obvious that it was misrepresentation if she states that they were engaged.

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2 minutes ago, gregoryagu said:

How can you be sure AOS would not be denied when clearly she DID make misrepentation to CBP?  It just seems to me to be fairly obvious that it was misrepresentation if she states that they were engaged.

Matter of Battista and Matter of Cavazos

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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Filed: Citizen (apr) Country: Russia
Timeline

**Moved from K-1 Fiance(e) Visa Process & Procedures to Adjustment of Status (Green Card) from K1 and K3 Family Based Visas; question concerns travel during AOS from a K-1**

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

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Filed: AOS (apr) Country: Philippines
Timeline
47 minutes ago, gregoryagu said:

I tried to get her to come here, but she preferred I ask for her.  In any case, to complicate the picture, they DID have an issue with her Visa and it was cancelled on 17 February, but she was already back in the US at that point. She said that no reason for the cancellation was given - it was sent to her Lawyer in the Ukraine.

Intent is determined at the border.   If she was allowed in,  she is in.

 

Just for clarification,  there is no restrictions to getting married on a "b" Visa.  

YMMV

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