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bradoony

Married on a Tourist Visa

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Filed: Other Country: India
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3 hours ago, bradoony said:

Hey friends, question on the I-130, Part 4 question 57 a-c : it is asking to write her first and last name in her native language (Bulgarian) ; should I use her maiden name or her new last name (MINE)? I'm assuming they will use her native language to search her for background check?

I would say, you use her maiden name for the native language part, in the 'Additional section' , explain that her Bulgarian identity documents still has her maiden name. Mention the married last name in Bulgarian language in the same section of the 'Additional section' as well , explaining that this is how it looks like in that language.

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Filed: K-1 Visa Country: Philippines
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On 5/12/2020 at 8:21 PM, Lil bear said:

Assuming you intend to live together here in the US .. There are two legal options open to you... 

1 begin the filing for a spouse visa .. she returns home and waits out the process there 

2. She applies to adjust her status to permanent resident while remaining here in the US

I'm with you on option #1,  but strongly disagree on option 2,  She came here on a Tourist visa, which in no way can be used to bipass the immigration process, They can Marry but she would still have to return home before her tourist visa expires, then file the I-130.. Attempting to adjust her status while she's here on a tourist visa is asking for trouble, it goes to intent and could be considered fraud in the eyes of USCIS.

 

 

 

 

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3 hours ago, nykolos said:

I'm with you on option #1,  but strongly disagree on option 2,  She came here on a Tourist visa, which in no way can be used to bipass the immigration process, They can Marry but she would still have to return home before her tourist visa expires, then file the I-130.. Attempting to adjust her status while she's here on a tourist visa is asking for trouble, it goes to intent and could be considered fraud in the eyes of USCIS.

 

 

 

 

But you need to remember, all this happened during COVID-19. She never planned on staying. I have airline tickets that we had to cancel because she was supposed to leave in March, but she couldn't because airlines we shutting down. I have so much proof that it was not planned.

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Filed: Citizen (apr) Country: Taiwan
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3 hours ago, nykolos said:

Attempting to adjust her status while she's here on a tourist visa is asking for trouble, it goes to intent and could be considered fraud in the eyes of USCIS

Not true......Please point me to any cases where this was considered fraud..........It is perfectly legal to adjust status after entering the US via a tourist visa when there was no intent to do so when first entering........

 

I have seen only one case in which AOS was denied....but that involved a specific charge of misrepresentation for a statement made to CBP during a secondary interview at the border. 

There are many, many, many people who successfully adjust status after entering on a tourist visa after their plans changed........

Edited by Lucky Cat

"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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Filed: K-1 Visa Country: Wales
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3 minutes ago, Lucky Cat said:

Not true......Please point me to any cases where this was considered fraud.........your won't find any........It is perfectly legal to adjust status after entering the US via a tourist visa when there was no intent to do so when first entering........

 

I have seen only one case in which AOS was denied....but that involved a specific charge of misrepresentation for a statement made to CBP during a secondary interview at the border. 

Agree just look at the numbers, maybe not on here but in the real world adjusting is the most common route.

“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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Filed: Citizen (apr) Country: Taiwan
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12 minutes ago, bradoony said:

But you need to remember, all this happened during COVID-19. She never planned on staying. I have airline tickets that we had to cancel because she was supposed to leave in March, but she couldn't because airlines we shutting down. I have so much proof that it was not planned.

When she was allowed to enter by CBP, her non-intent to stay and adjust was established..........period.......thus, she is now free to adjust status as her situation has changed.

"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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Filed: Citizen (apr) Country: Taiwan
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3 hours ago, nykolos said:

it goes to intent

She established her non-intent to stay and adjust when she entered the US......else, CBP would have denied entry.

"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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Filed: K-1 Visa Country: Philippines
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https://rapidvisa.com/using-tourist-visa-visa-waiver-program-get-married-united-states/

 

 

It's quite easy to mask your intent, I'm not in any way suggesting that's what the OP did in this case, but one could easily do that,  where anyone can circumvent the law by using a tourist visa as a opposed to a K1 or 1-130.

 

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Just now, nykolos said:

https://rapidvisa.com/using-tourist-visa-visa-waiver-program-get-married-united-states/

 

 

It's quite easy to mask your intent, I'm not in any way suggesting that's what the OP did in this case, but one could easily do that,  where anyone can circumvent the law by using a tourist visa as a opposed to a K1 or 1-130.

 

Correct - It is completely legal to say that you want to marry in the US.  Think Vegas or destination weddings.  The issue is staying and adjusting. 

 

That just makes it a little harder for those wanting tourists visas from their home country.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: Citizen (apr) Country: Taiwan
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9 minutes ago, nykolos said:

https://rapidvisa.com/using-tourist-visa-visa-waiver-program-get-married-united-states/

 

 

It's quite easy to mask your intent, I'm not in any way suggesting that's what the OP did in this case, but one could easily do that,  where anyone can circumvent the law by using a tourist visa as a opposed to a K1 or 1-130.

 

Discussion of circumventing immigration law is not allowed here.  Adjusting Status after entering due a change in situation is perfectly legal.......and I have never seen it cause an issue later.

"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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Filed: Citizen (apr) Country: Taiwan
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If adjusting status after entering the US via a tourist visa was not legal, there would not be a forum dedicated to it here on Visa Journey.

"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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Hi friends 😄 I am filling out the I-864 Affidavit form. Is there any recent examples of a filled out form? I am comparing mine to the I-864 example provided by visajourney, but, it was last edited in 2013. I am looking for an updated on to check my own work.

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17 minutes ago, bradoony said:

Hi friends 😄 I am filling out the I-864 Affidavit form. Is there any recent examples of a filled out form? I am comparing mine to the I-864 example provided by visajourney, but, it was last edited in 2013. I am looking for an updated on to check my own work.

Also, what is minimum required income for the I-864?

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6 minutes ago, bradoony said:

Also, what is minimum required income for the I-864?

Minimum is 125% of the FPL for your household size: https://www.uscis.gov/i-864p

Under = no green card.

Over = judgement call based upon a totality of the circumstances.

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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10 minutes ago, geowrian said:

Minimum is 125% of the FPL for your household size: https://www.uscis.gov/i-864p

Under = no green card.

Over = judgement call based upon a totality of the circumstances.

Awesome thanks, So is there an updated / recent I-864 example form for me to correct myself on things?

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