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Tcsar

Adjustment of status

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

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Tcsar Newbie

Tcsar   0

Posted
Filed: K-1 Visa Country: Haiti
 Timeline
Posted

Hello everyone I'm new here. My fiance and I need some help. We're currently deciding whether we should marry in Haiti or in the U.S being that he currently holds a tourist visa and travels back and forth. I heard about a 90 day rule and also he has no intentions to overstay his visa. 

 

Also once married we plan to adjust status from the visitor visa, do we than do an i130 or an adjustment of status application. My step children will be included in the application however they are in the US on another status (political asylum) 

TBoneTX Grand Master

TBoneTX   47,904

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is moved from the "AOS from WS&T Visas" Case Progress subforum to the main Process forum.

1 hour ago, Tcsar said:

marry in Haiti or in the U.S

Either, then file the I-130.  However, if you marry in the U.S., he must return to Haiti while the I-130 is processed.

1 hour ago, Tcsar said:

they are in the US on another status (political asylum) 

It's my understanding, correct or otherwise, that TPS for citizens of multiple other countries has been revoked.

If it's been revoked for Haitians, they too might need to return to Haiti.

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Your profile says K-1.  Has the I-129F been filed?

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01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.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

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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