fitzeyhall

Ahhhhhhhhh roger that, i get you now, so looks like i'll be legally married sometime next week, it was just to get the timing right with the wedding plans and the visa etc, but alls well that ends well. Thanks for your advice much appreciated.

Tracym

You're welcome

meauxna

Find out what you'll need to do to get the *recorded* or *registered* version of your marriage certificate back quickly.
You'll need that for the AOS filing. You can also start compiling your submission now, while it's all fresh in your mind.

ian-mstm

The stamp *is* the EAD!


Sorry, but getting the K-1 is pretty much the *easiest* part of the process.

Unless you have a solid job offer today, I urge you not to move your wedding date forward for the sake of either immigration or a job. I arrived in the US on a K-1 visa from Canada - I spoke the language, knew the culture and the idioms, I had a graduate degree and was well-qualified in my field... and I was out of work for 4 months before finding a *part-time* job. It was another 3 months before I found a full-time job... and believe me, I wasn't all that picky by then! You're going to have enough to do with just getting settled and learning to drive on the right hand side!

Ian

Rete

Please do not go by Tracy's husband's very unusual results. It happens but very infrequently and so not be construed as a given.

Tracym

I agree.

However, apparently this transfer and approval without interview is happening more frequently now.

I would NEVER urge someone to count on it!

As he has just arrived though, if he did the legal marriage and immediately applied, he would have fairly good odds of maintaining work authorization all the way through, or just having a short gap.

The unusual part of our story (although apparently happening more often lately) was the quick AOS without interview.

fitzeyhall

Well we've got an appartment, dog, car etc so pretty much settled, I have a bachelors degree which im willing to use in the future, im only looking for a part time job ie: bartender, coaching soccer, just for a steady income. So if my AOS interview was after 2nd of october when my original EAD expires it wouldnt be a big deal really. Then when i do finally become a PR i will look for a full time job.

californian

I know this isn't a job advice forum but I would say it is perfectly reasonable to apply for full-time positions now and then simply let them know you might need to take a bit of time off in and around the time of your AOS interview (or however you find it ends up working for you.

I am really surprised you did not need a Waiver of Ineligibility to obtain your K-1. All of the above cautions and convictions are serious enough to make it onto your record and raise red flags for the Consular Officer --- I can't imagine he/she would have just rubber stamped you w/o a Waiver.

If you did get a Waiver for the above then you should be fine from this point forward.

Tracym

I disagree.

If those cautions/cocnvictions are not CIMT, which it *appears* they are not, he would not be ineligible and would not require a waiver.

They checked the medical grounds of concern, and he came out fine.

Just because you have something on your record does not mean you are ineligible - it entirely depends upon what it is.

fitzeyhall

As i said before i was quite surprised myself that the K1 was approved, but the consular officer knew about the cautions/convictions went thru them with me at the interview i said how sorry i was for them. I even entered on the VWP 3 times after the DUI (as i didnt realise it was a CIMT) he said ok moved on with other questions ie: how did i meet my fiancee etc. I DID NOT need a waiver of inelegibility they approved my visa. I presume if they did that i gave up everything at home surely they cant deny my AOS can they? Anyone had this happen to them?

ian-mstm

Yes... if 1 out of 10,000 are approved without interview this month, and 2 out of 10,000 are approved without interview next month, well... that's a 100% increase!

Ian

Tracym

VWP may have been perfectly fine - DUI is usually NOT a CIMT.

If you are terribly concerned, you could get a consultation with an immigration attorney. But as you disclosed everything, and were approved, I really do not think it is likely they would turn you down for AOS.

Tracym

Someone, I think Noorah, said this was happening much more frequently lately.

I took a look on visajourney timelines, and there were quite a few transfers (much more than the kind of numbers you gave), and almost all of those were approved without interview.

So I could be mistaken, but it appears something is happening a little different recently.

Of course, doesn't mean anyone should count on it.

ian-mstm

Sure they can! Adjudicating officers are not required to uphold precedence. Just because you were not asked for a "waiver of inadmissibility" (not eligibility) then, doesn't mean you won't be asked for one down the road. Different circumstances... different applications... different rules!

Ian

fitzeyhall

Why would i be asked to complete a "waiver of inadmissibility" at the AOS as i'm already here!??! If at the interview they thought i was inelegibility they would have denied my visa and i would have known where i stood. Not at one point did they say you may have trouble down the road ie: AOS,

Ian just wondering where you are getting this information from?

Kind regards