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Pooley

Being denied AOS after being approved k-1?

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So I'm a little curious.. most everyone here knows my fiance who just moved to the US on our K-1 has some criminal history (a couple cautions). While reading through the AOS- which I'll admit, I did not research on this because I thought we'd be denied- we have to list all his criminal record again. Can they deny us after already being approved the k-1? Has this every happened to anyone before? I think I have everything in order but this part in the visa process seems a lot more than the first steps lol. 

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3 hours ago, Pooley said:

but this part in the visa process seems a lot more than the first steps lol. 

You have finished the visa process. His K1 is over and no longer valid.  

 

This is a new ballgame, 1st inning. Prepare everything like you are starting over.  Repeat evidence that may have been viewed in the visa process because new people are viewing it. They don't go combing through your old file to find a previously submitted document. It is a lot more now because he is applying to become a permanent resident, not just a visa to enter the country.  And there's two more separate applications to prepare...work authorization  and international travel authorization. 

 

It would be rare to be excused on  criminal charges for a visa and then refused for AOS, but you will submit police certificates for this and citizenship so hang on to your documentation for the long haul.

 

Edited by Wuozopo

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9 minutes ago, Wuozopo said:

You have finished the visa process. His K1 is over and no longer valid.  

 

This is a new ballgame, 1st inning. Prepare everything like you are starting over.  Repeat evidence that may have been viewed in the visa process because new people are viewing it. They don't go combing through your old file to find a previously submitted document. It is a lot more now because he is applying to become a permanent resident, not just a visa to enter the country.  And there's two more separate applications to prepare...work authorization  and international travel authorization. 

 

It would be rare to be excused on  criminal charges for a visa and then refused for AOS, but you will submit police certificates for this and citizenship so hang on to your documentation for the long haul.

 

Yes, I was so nervous for k-1 but felt it was pretty straight forward. The AOS feels like a ton more. I'm reading and doing all my research but it's still so much to remember and which form is which. But I was worried about them denying him for those, even though they're not actual charges. I did do a little explaining on the back part about each caution so hopefully that'll help. I've been stressing about getting his name on everything because apparently in Idaho, they want a SSN to put him on my bank account and everything. I did manage to add his name to my power bill so that's one thing that we can show as proof of him living with me. 

I wish I did more looking into this part because now I'm scrambling to figure out all the steps and not miss anything, I was too busy looking up waivers 🙄

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1 hour ago, Wuozopo said:

It would be rare to be excused on  criminal charges for a visa and then refused for AOS, but you will submit police certificates for this and citizenship so hang on to your documentation for the long haul.

 

Do I have to submit his SAR or just his ARCO police certificate along with his Judgment for his juvenile charge?

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Hopefully you have more certified copies of whatever he needed for the K1 interview. 

 

Now to answer your question, he would not have been given the visa if he would not have been eligible to AOS. Don't stress too much about it, but they are pains in the butt and want duplicates of pages they already have. It used to be you would need to submit/declare it at ROC and N400 stages too. if he has records or whatever he needed for the K1 interview he will need again for the rest of the stages too. 


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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1 minute ago, Ontarkie said:

Hopefully you have more certified copies of whatever he needed for the K1 interview. 

 

Now to answer your question, he would not have been given the visa if he would not have been eligible to AOS. Don't stress too much about it, but they are pains in the butt and want duplicates of pages they already have. It used to be you would need to submit/declare it at ROC and N400 stages too. if he has records or whatever he needed for the K1 interview he will need again for the rest of the stages too. 

That's what I was thinking too but it made me a little nervous. This is definitely more stressful than the visa...

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1 hour ago, Pooley said:

I've been stressing about getting his name on everything because apparently in Idaho, they want a SSN to put him on my bank account and everything.

Don't stress. Get joint things when you can prior to the interview. They don't have to be in the AOS packet. Your main proof of marriage for the application is the certified marriage certificate. The SSN will get sorted    In a few weeks and you can start building your joint life proofs for the interview.

 

Tip: save some of the early  joint things (2019 dates) for removing conditions. That will require documents covering the span of your marriage, not just 2022 documents (or whenever you file). Don't throw older documents out once he gets past the AOS interview.  Keep them and add on for ROC. 

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38 minutes ago, Wuozopo said:

Don't stress. Get joint things when you can prior to the interview. They don't have to be in the AOS packet. Your main proof of marriage for the application is the certified marriage certificate. The SSN will get sorted    In a few weeks and you can start building your joint life proofs for the interview.

 

Tip: save some of the early  joint things (2019 dates) for removing conditions. That will require documents covering the span of your marriage, not just 2022 documents (or whenever you file). Don't throw older documents out once he gets past the AOS interview.  Keep them and add on for ROC. 

This might sound cheesy but I seriously don’t know what I’d do without you lol.. but this makes me feel so but better. I just scheduled a medical appointment for the I-693 but after reading the instructions, it says for k1’s, if it’s within a year, he doesn’t have to do another medical

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14 minutes ago, Pooley said:

This might sound cheesy but I seriously don’t know what I’d do without you lol.. but this makes me feel so but better. I just scheduled a medical appointment for the I-693 but after reading the instructions, it says for k1’s, if it’s within a year, he doesn’t have to do another medical

That is correct. He doesn't need an I -693 if his shot page (DS-3025) from the visa medical is checked that he completed the requirements. I forget the exact wording on the latest version. Did he get all his shots? I can't remember. 

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22 minutes ago, Wuozopo said:

That is correct. He doesn't need an I -693 if his shot page (DS-3025) from the visa medical is checked that he completed the requirements. I forget the exact wording on the latest version. Did he get all his shots? I can't remember. 

Yes he did!!!

 

 

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35 minutes ago, Pooley said:

Yes he did!!!

 

 

Then Include a photocopy of the DS-3025. The original whole medical including immunizations gets put with your AOS file after you apply, but sending the photocopy of his copy is like a reminder up front of "Hey, I already got the shots".

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1 minute ago, Wuozopo said:

Then Include a photocopy of the DS-3025. The original whole medical including immunizations gets put with your AOS file after you apply, but sending the photocopy of his copy is like a reminder up front of "Hey, I already got the shots".

Okay thank you!!

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Keep in mind that even though you send in a copy of a DS3025 with everything correct, does not guarantee that the officer understands what they are looking at, makes a mistake, loses it, or is just generally... well.. ya know. ;-) In our case even though everything was correct we still got an RFE asking us for a redone I693. And sometimes the wording on the RFE makes it hard to know what they really want. We filled the requirements by finding a US civil surgeon that did the transcription only, included a strongly worded response letter, and a copy of their own rules. They approved very quickly. It may not happen to you and it doesn't happen to everyone, but it can be a possibility to look out for on occasion.


K-1 - AOS & ROC Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo) 8/13/18 (18 mo)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 - Error will need to file I90 >_<

 

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Yeah the fun starts all over again, just remember and snap photos of you together with family friends on special occasion as you need to provide bonifides post entry now as well, the joys of of having to qualify your relationship is legit continuously 😅.  We are on a very similar time frame, pooley, I just arrived in the US at the beginning of August, so at least I know of someone I can follow and share in the frustration of dealing with USCIS, good luck to you and your partner lass 😊

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