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frankiebean

Need advice on Visa/Marriage

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Filed: Citizen (apr) Country: Russia
Timeline
32 minutes ago, Mellamanlola said:

1) The fact that they are “able” to do something doesn’t mean is the right way to do it. I will support MY opinion as correct. They should go through the consular processing or k1.

1.1) I ,for a fact, am aware that the legal entry in other types of visas other than K1, are valid to marry and adjust status from. They should only wait 90 days from entry to prevent the whole “immigrant intent” scrutiny and they are also able to adjust their status parting from that legal entry when being petitioned by a USC. What I’m saying is: Do it the right way. Especially when your immigration file has been flagged. Who can guarantee that they didn’t flag it as a no aos, which is a practice that some officers are doing even on b visas as of lately? An opinion from a random internet person is not legal advice and every case is different. Just because it worked for some doesn’t mean it’ll work for others, even if presented with an exact replica of a certain case. I have witnessed cases being completely thrown out just because of the 30/60/90 rule. I have also seen cases approved. Results may vary. That is why doing it the right way guarantees higher approval chances.

2) an immigration lawyer is a professional on the subject matter, a person who has dedicated their life to study this particular area of the law in the US and has earned the right to that “opinion”.

 

Toodles 🎩 
 

I also hold the opinion that adjusting from a B2/ESTA is wrong, and should be fixed, but that does not make it illegal.  This is a self-help board and it would be wrong not to tell someone their legal options based on the situation they are in.  As to lawyers, they are professional, but they are also human.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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1 hour ago, Mellamanlola said:

just because of the 30/60/90 rule.

Straight from USCIS: "Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers.https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

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Random internet person is entitled to their opinion. It’s based on nothing but conjecture and a misunderstanding of law and policies, but is their opinion nonetheless.

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: K-1 Visa Country: Wales
Timeline

It is important to remember that there is nothing in the VJ ToS that prevents members expressing their opinions, right or wrong.

 

It is amusing to note how few K1's there are in the real world compared to people adjusting. And how the 30/60/90 whatever day myth refuses to die.

“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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*** Friendly reminder to keep things civil. Also, sometimes when seeking advice from strangers (especially ones on the internet) the information may not be accurate. Everyone should always consider this when seeking advice online. Advice here should be taken with the understanding that there are many experienced and knowledgeable people helping, however, it should also be taken with the intention of verifying the information from official sources, like the USCIS website or immigration professionals.

 

VJ Moderation

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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