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Daphne .

I-130 approved, flying to US to start AOS?

By Daphne . in General Immigration-Related Discussion

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Daphne . Proficient

Daphne .   1,681

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Weirdest thing on Reddit, OP claims that 3(!!) immigration lawyers told her that when you check that you want to do AOS on your I-130, the foreign national (who is not in the US yet) can fly to the US once the I-130 is completed and start the I-485 as soon as they are in the US. What am I missing?
 

The foreign national wouldn’t have an immigrant visa yet, so would use an Esta (OP mentions they are Dutch) to enter the US and start the I-485. 
 

 

IMG_1130.jpeg

Edited by Daphne .

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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Timona
Timona

Tell OP to mention their plans to CBP

SalishSea
SalishSea

One thing I’ve learned from both Reddit and VJ is that immigration lawyers, while maybe not deliberately telling their clients to do things wrong, often do.   The common denominator here is money.  Th

OldUser
OldUser

Who do you think @Mike E is? I'm joking of course 😊

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TBoneTX Grand Master

TBoneTX   43,066

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Entering the U.S. with the intent to adjust status and remain?

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Daphne . Proficient

Daphne .   1,681

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2 minutes ago, TBoneTX said:

Entering the U.S. with the intent to adjust status and remain?

Yes, they were told that now that the I130 was approved, the foreign spouse could fly to the US and start the I485. OP did not mention filing a K3 or anything and specifically mentioned that the I130 was approved

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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Timona Experienced

Timona   3,943

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Tell OP to mention their plans to CBP

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Daphne . Proficient

Daphne .   1,681

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1 minute ago, Timona said:

Tell OP to mention their plans to CBP

That’s what I did, but if 3 immigration lawyers told her that this is how it’s done, I completely understand that she is going to have her husband do it. I am just so confused, she added the screenshot and everything!

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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OldUser Mentor

OldUser   4,831

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4 minutes ago, Daphne . said:

That’s what I did, but if 3 immigration lawyers told her that this is how it’s done, I completely understand that she is going to have her husband do it. I am just so confused, she added the screenshot and everything!

Not sure I'm following. I see a screenshot from a Reddit thread (how credible is that?) Do we know for sure they were lawyers? Were they immigration lawyers or "everything" lawyers? 

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Dashinka Grand Master

Dashinka   23,252

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It will be curious to see what CBP does if the person is actually truthful of their plan when entering the US.

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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Daphne . Proficient

Daphne .   1,681

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1 minute ago, OldUser said:

Not sure I'm following. I see a screenshot from a Reddit thread (how credible is that?) Do we know for sure they were lawyers? Were they immigration lawyers or "everything" lawyers? 

So the bigger letters is what OP wrote, and the middle part (smaller font size) was the screen shot of what the lawyer emailed. According to her, they were an Immigration lawyer

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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Timona Experienced

Timona   3,943

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I wanna know the outcome. 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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SalishSea Grand Master

SalishSea   16,776

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One thing I’ve learned from both Reddit and VJ is that immigration lawyers, while maybe not deliberately telling their clients to do things wrong, often do.   The common denominator here is money.  There is money to be made when errors happen and cases are drawn out…..     

 

This is why anyone with an average reading comprehension skill set should DIY their straightforward case, i.e. no one cares more about your case than you do.

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Daphne . Proficient

Daphne .   1,681

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1 minute ago, Timona said:

I wanna know the outcome. 

Yes, me too! This is a crazy situation

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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OldUser Mentor

OldUser   4,831

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4 minutes ago, Timona said:

I wanna know the outcome. 

My thoughts are: there will never be shortage of:

- Trolls starting Reddit threads

- Incompetent lawyers

- People paying other people online to say what they want to hear

 

Here on VJ we know this isn't something you're suppsed to do, e.g. coming to the US on non-immigrant visa with intent to adjust (other than K-1)

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SalishSea Grand Master

SalishSea   16,776

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1 minute ago, OldUser said:

My thoughts are: there will never be shortage of:

- Trolls starting Reddit threads

- Incompetent lawyers

- People paying other people online to say what they want to hear

 

Here on VJ we know this isn't something you're suppsed to do, e.g. coming to the US on non-immigrant visa to adjust.

Imagine all the other people who read that thread and think “cool, imma do that too.”

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OldUser Mentor

OldUser   4,831

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2 minutes ago, SalishSea said:

Imagine all the other people who read that thread and “cool, imma do that too.”

Yes, sometimes people search for answers, find the first result (such as that Reddit thread) and don't bother digging deeper. It's their mistake I guess.

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SalishSea Grand Master

SalishSea   16,776

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1 minute ago, OldUser said:

Yes, sometimes people search for answers, find the first result (such as that Reddit thread) and don't bother digging deeper. It's their mistake I guess.

Right!  I often add the word Reddit to Goog searches when looking for anecdotal info on a variety of topics.  

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