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Pickle_slushy

Wait out current visa case or start over?!

By Pickle_slushy in Adjustment of Status from Work, Student, & Tourist Visas

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Pickle_slushy Contributor

Pickle_slushy   4

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
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-Currently in the process of K1 (Canada to US). Was a week from our interview in March before it was canceled.

 

-Advice from attorney: Abandon K1, file concurrent I-130 and I-485 (along with other necessary forms) from within the US. 

This is based off the fact she has been in the US with me since borders closed in March. She can only be here for 6 months total, and we don't want her to have to go back and not be able to reenter. He also based his reasoning on the fact that he thinks the borders will remain closed for a long time along with the embassies.

 

Good or bad idea?

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
19 minutes ago, Pickle_slushy said:

-Currently in the process of K1 (Canada to US). Was a week from our interview in March before it was canceled.

 

-Advice from attorney: Abandon K1, file concurrent I-130 and I-485 (along with other necessary forms) from within the US. 

This is based off the fact she has been in the US with me since borders closed in March. She can only be here for 6 months total, and we don't want her to have to go back and not be able to reenter. He also based his reasoning on the fact that he thinks the borders will remain closed for a long time along with the embassies.

 

Good or bad idea?

A doable idea

YMMV

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DaveAndAnastasia Experienced

DaveAndAnastasia   2,078

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Filed: Citizen (apr) Country: Russia
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50 minutes ago, ThomasNC1988 said:

It is a fine idea if she is willing to stay the required few months with no travel and now work.

Presumably she is because they were applying for a K-1 which would have the same requirement, though a surprising number of people are not ... 

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

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Boiler Grand Master

Boiler   43,422

Posted
Filed: K-1 Visa Country: Wales
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Posted

What I would do.

“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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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted

I assume the lawyer also mentioned you have to be married first. You didn’t mention that. The I-130/I-485 adjustment of status option is not valid for a fiancé, you have to be legally married first. 
 

The marriage can be a simple courthouse affair. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

*~*~*moved from “K-1 fiancé visa process and procedures” to “adjustment of status from work/study/tourist visas” as the question relates to AOS, not applying for a visa*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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HRQX Veteran

HRQX   4,145

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Posted (edited)
On 7/10/2020 at 5:05 PM, Pickle_slushy said:

since borders closed in March.

Note that Canadian citizens can still return to Canada via land, air, and sea. Also, she could return to visit the US via air:

The CBP restrictions are only for land entry and ferry service: https://www.federalregister.gov/documents/2020/03/24/2020-06217/notification-of-temporary-travel-restrictions-applicable-to-land-ports-of-entry-and-ferries-service

On 7/10/2020 at 5:05 PM, Pickle_slushy said:

file concurrent I-130 and I-485 (along with other necessary forms) from within the US.

It's an available option after you marry. An alternative is to file I-130 (after you marry) to start CR-1 visa path instead. Both options have certain Pros and Cons.

AOS
    Expensive (filing fees and Civil Surgeon exam fees) and requires a lot of paperwork
    Spouse can not leave the US until she/he receives approved Advance Parole (expect longer delays due to upcoming USCIS furloughs)    
    Spouse can not work until she/he receives EAD (expect longer delays due to upcoming USCIS furloughs)    
    Some people have had problems with driver licenses, leases, bank account during this period. Also ineligible for SSN before EAD.    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Less expensive than AOS
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

Edited by HRQX
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Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
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Posted

*** Thread locked in favor of OP's other thread of the same topic below.

 

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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