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Enter on K-1. Marry within 90 days. Wait 2 years for AoS


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3. File for Advanced Parole (whenever)

That's gutsy advice... file for AP when out of K1 status?

 

You simply include a copy of the I797C for your AOS.

pushy said to file AP anytime..

 

that came after:

2. File within 90 days (or 270 if you're brave)

 

I'm a little worried about the filing in the "or" case.. which would be filing when out of status ;)

 

My "whenever" wasn't clear. Sorry. I was simply expressing my ignorance of the appropriate time to file for AP. Didn't know where it should go in the order. "Something like this" should indicate I was giving a rough example.

 

Since you didn't offer a counter example, I guess you just wanted to find fault??

I think 'fault' jumps off the page when someone says 'file whenver'.. just after a step where the K1 is described as out of status..

 

but apparently , you wrote it but it didn't jump off the page at you.

 

No harm.. no foul.. I'm sure nobody ran out and file AP while out of K1 status...

 

Just think twice before posting such advice.

 

I wasn't posting advice.

I'm glad you clarified that it was not advice..

 

some people might take this forum as serious posting and seeking meaningful answers to immigration issues...

 

Let's just clarify that your previous post.. where you said, "LEGAL WAY" was a slip of the tongue and should not be understood as knowing what your talking about nor should be taken as 'LEGAL' ADVICE:

 

The legal way would be delay method, something like this.

 

1. Get the Social Security Card

2. File within 90 days (or 270 if you're brave)

3. File for Advanced Parole (whenever)

4. When filing AOS leave out some required documentation so you get an RFE

5. Continue similar delaying tactics so the AOS interview happens two years after the marriage.

 

 

Sorry to get so pedantic and push the issue...

Edited by DavidZixuan (see edit history)
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3. File for Advanced Parole (whenever)

That's gutsy advice... file for AP when out of K1 status?

 

You simply include a copy of the I797C for your AOS.

pushy said to file AP anytime..

 

that came after:

2. File within 90 days (or 270 if you're brave)

 

I'm a little worried about the filing in the "or" case.. which would be filing when out of status :headbang:

 

My "whenever" wasn't clear. Sorry. I was simply expressing my ignorance of the appropriate time to file for AP. Didn't know where it should go in the order. "Something like this" should indicate I was giving a rough example.

 

Since you didn't offer a counter example, I guess you just wanted to find fault??

I think 'fault' jumps off the page when someone says 'file whenver'.. just after a step where the K1 is described as out of status..

 

but apparently , you wrote it but it didn't jump off the page at you.

 

No harm.. no foul.. I'm sure nobody ran out and file AP while out of K1 status...

 

Just think twice before posting such advice.

 

I wasn't posting advice.

I'm glad you clarified that it was not advice..

 

some people might take this forum as serious posting and seeking meaningful answers to immigration issues...

 

Let's just clarify that your previous post.. where you said, "LEGAL WAY" was a slip of the tongue and should not be understood as knowing what your talking about nor should be taken as 'LEGAL' ADVICE:

 

The legal way would be delay method, something like this.

 

1. Get the Social Security Card

2. File within 90 days (or 270 if you're brave)

3. File for Advanced Parole (whenever)

4. When filing AOS leave out some required documentation so you get an RFE

5. Continue similar delaying tactics so the AOS interview happens two years after the marriage.

 

 

 

Sorry to get so pedantic and push the issue...

 

It appears you're being more agenda (bash me) driven than pedantic.

 

The sentence means that what would be legal is the delay method. The delay method would be something like this. Then an example is given. The example is full of imprecise data like "whenever" and "continue similar delaying tactics". If somebody wanted to actually try it they would need a lot more information than I gave and they would not get it from me.

 

Now THAT is pedantic. ;)

 

Did you have something to add to the discussion, David?

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3. File for Advanced Parole (whenever)

That's gutsy advice... file for AP when out of K1 status?

 

You simply include a copy of the I797C for your AOS.

pushy said to file AP anytime..

 

that came after:

2. File within 90 days (or 270 if you're brave)

 

I'm a little worried about the filing in the "or" case.. which would be filing when out of status :headbang:

 

My "whenever" wasn't clear. Sorry. I was simply expressing my ignorance of the appropriate time to file for AP. Didn't know where it should go in the order. "Something like this" should indicate I was giving a rough example.

 

Since you didn't offer a counter example, I guess you just wanted to find fault??

I think 'fault' jumps off the page when someone says 'file whenver'.. just after a step where the K1 is described as out of status..

 

but apparently , you wrote it but it didn't jump off the page at you.

 

No harm.. no foul.. I'm sure nobody ran out and file AP while out of K1 status...

 

Just think twice before posting such advice.

 

I wasn't posting advice.

I'm glad you clarified that it was not advice..

 

some people might take this forum as serious posting and seeking meaningful answers to immigration issues...

 

Let's just clarify that your previous post.. where you said, "LEGAL WAY" was a slip of the tongue and should not be understood as knowing what your talking about nor should be taken as 'LEGAL' ADVICE:

 

The legal way would be delay method, something like this.

 

1. Get the Social Security Card

2. File within 90 days (or 270 if you're brave)

3. File for Advanced Parole (whenever)

4. When filing AOS leave out some required documentation so you get an RFE

5. Continue similar delaying tactics so the AOS interview happens two years after the marriage.

 

 

 

Sorry to get so pedantic and push the issue...

 

It appears you're being more agenda (bash me) driven than pedantic.

 

The sentence means that what would be legal is the delay method. The delay method would be something like this. Then an example is given. The example is full of imprecise data like "whenever" and "continue similar delaying tactics". If somebody wanted to actually try it they would need a lot more information than I gave and they would not get it from me.

 

Now THAT is pedantic. ;)

 

Did you have something to add to the discussion, David?

hypothetically speaking... no.

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So, the question is:

 

Who has the guts to get married under a K1, then

 

1) Let the 90 days expire without filing for AOS

2) Let 180 days pass and let your SO go from 'out of status' to 'illegal'

2) Apply for AOS 2 years after you marry?

 

Let me ask you: Deal, or no deal? :lol:

 

Hahah.. No deal for me.

 

I've maintained from the very beginning that one must marry and file AoS within 90 days of entry into the US. So that's what I'm going to do. But I was curious what others thought about this plan if they believed that there's no time limit to AoS when a foreigner marries a USC.

 

Trigg's comments regarding the delay tactic probably would work the best if one wants to go that route. But if one wants US citizenship quickly, then marrying immediately and filing AoS immediately would ensure the quickest route to speedy US citizenship.

I agree, marry in the 90 days and file asap.

 

However, for newbies, dont feel pressured to file the AOS within the 90 days of the K1. Again, there is a 180 day 'grace period' that she can remain 'out of status' before becoming illegal, so there is lots of time to file the AOS. Sometimes its just not possible to file within the 90 days. You have to send a certified copy of your marriage license, and if you marry on the 90th day, you may not have that for a couple to a few weeks, depending on the state.

 

We married April 26, the K1 expired May 13, and we mailed the AOS a month later on June 15 with no hitch.

 

I think we sent Lusheng's AOS paperwork in close to 3 months after the 90 days were up, no problems at all. I can say one thing, who ever is stupid enough to send in their AOS paper work and then move the next week just to get it filed within the 90 day period will have a very hard time getting paper work sent to the new address. That is why we waited a few months to file because we were in the process of selling our house and getting another one :P

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3. File for Advanced Parole (whenever)

That's gutsy advice... file for AP when out of K1 status?

 

You simply include a copy of the I797C for your AOS.

 

Just found this thread, and I am confused again. :blink:

 

K-1 status expired on February 1st. I am working on the AOS docs now, and I plan on sending in the AP docs with the I-485. I can't tell from the thread if the consensus is that this a good (or bad) thing. Randy seems to be saying that the AP should wait intil the I-797C for the AOS is received, or is that not necessary since I am going to submit the AP and EAD docs with the I-485?

 

Am I getting things all mixed up again? I gave up alcohol for Lent, and "Lately Things Just Don't Seem the Same". :D

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You simply include a copy of the I797C for your AOS.

 

Just found this thread, and I am confused again. :D

 

K-1 status expired on February 1st. I am working on the AOS docs now, and I plan on sending in the AP docs with the I-485. I can't tell from the thread if the consensus is that this a good (or bad) thing. Randy seems to be saying that the AP should wait intil the I-797C for the AOS is received, or is that not necessary since I am going to submit the AP and EAD docs with the I-485?

 

Am I getting things all mixed up again? I gave up alcohol for Lent, and "Lately Things Just Don't Seem the Same". :drunk:

 

 

You either file the AP with your AOS, or, if you don't, you must wait until you receive the I-797C and include a copy with the I131 AP application.

 

Sounds like your choice is to mail them both together.

 

This was a hypothetical thread about maybe delaying the K-1 AOS long enough to get a 10 year green card - don't do it.

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3. File for Advanced Parole (whenever)

That's gutsy advice... file for AP when out of K1 status?

 

You simply include a copy of the I797C for your AOS.

pushy said to file AP anytime..

 

that came after:

2. File within 90 days (or 270 if you're brave)

 

I'm a little worried about the filing in the "or" case.. which would be filing when out of status ;)

 

My "whenever" wasn't clear. Sorry. I was simply expressing my ignorance of the appropriate time to file for AP. Didn't know where it should go in the order. "Something like this" should indicate I was giving a rough example.

 

Since you didn't offer a counter example, I guess you just wanted to find fault??

I think 'fault' jumps off the page when someone says 'file whenver'.. just after a step where the K1 is described as out of status..

 

but apparently , you wrote it but it didn't jump off the page at you.

 

No harm.. no foul.. I'm sure nobody ran out and file AP while out of K1 status...

 

Just think twice before posting such advice.

 

I wasn't posting advice.

I'm glad you clarified that it was not advice..

 

some people might take this forum as serious posting and seeking meaningful answers to immigration issues...

 

Let's just clarify that your previous post.. where you said, "LEGAL WAY" was a slip of the tongue and should not be understood as knowing what your talking about nor should be taken as 'LEGAL' ADVICE:

 

The legal way would be delay method, something like this.

 

1. Get the Social Security Card

2. File within 90 days (or 270 if you're brave)

3. File for Advanced Parole (whenever)

4. When filing AOS leave out some required documentation so you get an RFE

5. Continue similar delaying tactics so the AOS interview happens two years after the marriage.

 

 

Sorry to get so pedantic and push the issue...

 

David, don't be so 'pushy', there might be a 'breakdown'. :blink:

 

-James

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3. File for Advanced Parole (whenever)

That's gutsy advice... file for AP when out of K1 status?

 

You simply include a copy of the I797C for your AOS.

 

Just found this thread, and I am confused again. :blink:

 

K-1 status expired on February 1st. I am working on the AOS docs now, and I plan on sending in the AP docs with the I-485. I can't tell from the thread if the consensus is that this a good (or bad) thing. Randy seems to be saying that the AP should wait intil the I-797C for the AOS is received, or is that not necessary since I am going to submit the AP and EAD docs with the I-485?

 

Am I getting things all mixed up again? I gave up alcohol for Lent, and "Lately Things Just Don't Seem the Same". ;)

Sorry for the confusion. Some like to pontificate disinformation. Continue as you had planned. File the I-485 for AOS and if she wants to work file the I-765 for employment authorization along with it. Be sure to include the I-693 supplemental from a civil surgeon for her vaccinations and any supporting forms such as the I-864 affidavit of support etc. As far as AP is concerend I would file for it. When it comes right down to it a K-1 is out of status pending adjucation anyway once they are married. It is a single entry visa. I doubt going over 90 days would have any impact. All they could say is no, they can't eat you.

Edited by warpedbored (see edit history)
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K3

 

Let me get this strait, if you have a K-3 and delay for 2 years to file for the 10 year green card, that is OK???

 

My question is for a good friend living in Denver on a K3 and waiting to file for the 10 year.

 

 

It may be frowned upon at AOS time - don't do it.

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K3

 

Let me get this strait, if you have a K-3 and delay for 2 years to file for the 10 year green card, that is OK???

 

My question is for a good friend living in Denver on a K3 and waiting to file for the 10 year.

 

 

It may be frowned upon at AOS time - don't do it.

No Way Will I DO It Like That!!!

 

This is what the woman/friend is doing in order to save money. I couldn't believe it but she studied the rules and jokingly said I must have too much money, since I told her in my case if the CR1/2 package didn't come, I would bring her back from China and file for everything here and forget the CR process. Anyway she is bored and home bound waiting. I guess his home business is not doing so good, but she seems happy. She helps him at home on the net with orders from his web site. She just talks like skipping the 2 year is fine and going strait for the 10 year. They married after I did and got to the states quicker than us, so I figured maybe they know what their doing. I don't know. Maybe I better advise them, but money may be tight for them. Of course she could get out and go to work if she had the permit.

Edited by SheLikesME? (see edit history)
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K3

 

Let me get this strait, if you have a K-3 and delay for 2 years to file for the 10 year green card, that is OK???

 

My question is for a good friend living in Denver on a K3 and waiting to file for the 10 year.

 

 

It may be frowned upon at AOS time - don't do it.

No Way Will I DO It Like That!!!

 

This is what the woman/friend is doing in order to save money. I

couldn't believe it but she studied the rules and jokingly said I must have too much money, since I told her in my case if the CR1/2 package didn't come, I would bring her back from China and file for everything here and forget the CR process. Anyway she is bored and home bound waiting. I guess his home business is not doing so good, but she seems happy. She helps him at home on the net with orders from his web site. She just talks like skipping the 2 year is fine and going strait for the 10 year. They married after I did and got to the states quicker than us, so I figured maybe they know what their doing. I don't know. Maybe I better advise them, but money may be tight for them. Of course she could get out and go to work if she had the permit.

 

Wish her luck, and let us know how it turns out! Yes, she is legal as long as she files before the 2 year visa is up. But the question is how the IO will react at the AOS interview. I don't know that we've heard from anyone who has actually tried it.

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