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missbakkwudz

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Posts posted by missbakkwudz

  1. WE HAVE BEEN APPROVED!!!!!!!!!!!!!!!!!

    Oh man.....after almost 5 months, this weight has been lifted off our shoulders.

    He called me at work from skype and I couldn't believe it. I got teary-eyed and almost thought I was about to pass out!

    My fingers are crosses for everyone else. Thank you all so much for you support thus far!

  2. I'm a bit confused here. I haven't been approved yet, but am starting to get together all of the new paperwork we will need once we're approved. I went to employer to get the letterhead and she said that the State of Oregon requires I sign a release form that has to be faxed over from the US Consolute? Has anyone else had to do this? If so, how do I go about getting it?

  3. Hey there, just a quick question!

    When looking at the USCIS website for CSC, it says the 129F processing time is 5 months, but VJ's timeline for NOA1 to NOA2 says 90 days.

    Is the 5 months the entire time it takes from getting your first receipt to having the approved visa in your hand? Why are to two timelines so vastly different?

    Thanks!

  4. Okay, here's the general jist of things.

    My fiance is currently in the US touring with his band. He'll be on tour well in to the K1 process, but another musician in a similar boat told him he could not leave the country and return because it would "cancel" his k1.

    Our 129F has been submitted and we've received our NOA1. My fiance's tour has three days up in Canada sometime between now and August, then returns to the US to continue the tour. Will him leaving the US for a couple of days screw up the K1 process?

  5. If you send the AOS before the visa expires, it's ok. Even if it's few days later (but not too many).

    What the other respondent (penguin)said about being illegal is that your guy comes here to tour and he already knows and plans to get married and say. That it's illegal. The idea is that when u use a visa, at the entry moment you should not have other intentions that what the visa is for.

    Okay, I understand what you're saying now. Now that is cleared up, would our next best option be to AoS to the K1 visa instead of permanent residency? That way we can legally get married and aren't trying to jump through any hoops?

  6. Why would this matter to you? Is he thinking of leaving the US?

    No, he wants to live her permanently and be able be able to work when his band isn't touring. I want to make sure that if we file is AoS before his P1 expires, that he will be able to legally stay here until the AoS is accepted. His band is leaving to return to Australia soon after tour and we want him to be able to stay and work.

  7. I don't believe the P1 is a dual intent visa; ie your fiance can perform in the US on this visa but cannot immigrate on it. Thus, using this visa to enter the USA with intent to get married AND STAY is fraud and could lead to a lifetime ban for him.

    You actually can apply for an Aos On a P1 to become a permanent resident and it is legal. We're just worried about filing for the AoS, then his P1 expiring.

  8. So I had to do a quick google to confirm P1's are eligible to AOS and they ARE! So, here's the guide you need: http://www.visajourney.com/content/i130guide2

    You will file an I-130 and I-485 together. The fee is $1010 for the AOS and $355 for the I-130.

    He will also have to have a medical check done and have a I-693 completed by a CS.

    It is important to note that now that you have "decided" to go this path, your fiance cannot leave the US and then re-enter using the P1 as he then has "immigration intent" which is illegal. While you won't need to prove that he didn't have intent, I personally feel that knowing you were 100% honest is a good thing. It's not illegal to get married in the US, it's not illegal to AOS, but it is illegal to enter on a non-immigrant visa with the ultimate purpose of AOSing (except for K1 which is a fiancee visa).

    So, if you have made your decision to get married now you have a decision to make:

    1. Plan your big wedding and THEN AOS

    2. Pop down to the court house for a legal wedding (can still be in a pretty dress), AOS and THEN have a big wedding for family and friends.

    Personally I would go the No. 2 route so that you have something else to focus on while the AOS stuff is processing. It means that you can file right away and you don't have to plan a big family wedding and stress about how soon it should be for Visa reasons, and it will give his family/friends time to save to attend the wedding and apply for visas if need be (though Australia has the VWP (visa waiver program) which should help a lot of people).

    Congratulations on your upcoming nuptials! and Welcome to VJ :)

    p.s. Photograph EVERYTHING. Photo's are good relationship proof.

    While his AOS is pending, is he allowed to work right away?

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