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Is there any deadline for applying for AOS?

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Filed: K-1 Visa Country: Ukraine
Timeline

My son and I arrived on K-1/K-2 visas 1,5 year ago. I got married within 90 days. Our visas expired jul 2013. My husband doesn't sign our documents to apply for AOS. Is there any deadline for that? What can I do about that?

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There is a deadline. You were supposed to file AoS within the 90 days. However, since it is a family based visa it is likely they will overlook the overstay you have committed. Technically you are out of status.

You are going to find it a bit more hassle to apply for AoS now. Is there any reason your husband won't sign the AoS documents?

Previous Visa & EAD/AP Timeline

 

K-1 Visa Timeline

22 March 2014 - Sent I-129F

See timeline for data in between these dates.

24 June 2014 - Interview

25 June 2014 - CEAC Status: Administrative Processing

26 June 2014 - CEAC Status: Issued

01 July 2014 - Received Visa

POE & Marriage

03 July 2014 - POE (BWI airport)

14 July 2014 - Marriage

Advanced Parole (I131)Timeline
21 July 2014 - Sent off
23 July 2014 - Initial Review - Received
31 July 2014 - NOA1 Received
27 September 2014 - EAD Combo Card Received
 
Employment Authorisation (I765) Timeline
21 July 2014 - Sent off
23 July 2014 - Initial Review - Received
30 July 2014 - NOA1 Received
20 September 2014 - Card in Production Update
22 September 2014 - Card in Production Update Again
25 September 2014 - Card Sent Update (Another update came later that day with USPS tracking code)
27 September 2014 - Card Received
 
Adjustment of Status (I-148) Timeline
21 July 2014 - Sent off
24 July 2014 - Acceptance - Fingerprint fee accepted and case processed at Nebraska Service Center
30 July 2014 - NOA1 Received
26 August 2014 - Biometrics Done
12 November 2014 - Notification of Potential Interview Waiver (NPIW) Received
26 March 2014 - Cleveland Field Office is requesting my file from NBC.
23 April 2014 - Green Card Ordered!
 
 

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There is a deadline. You were supposed to file AoS within the 90 days. However, since it is a family based visa it is likely they will overlook the overstay you have committed. Technically you are out of status.

You are going to find it a bit more hassle to apply for AoS now. Is there any reason your husband won't sign the AoS documents?

No, it is not true. You have to married within 90 days, not filed AOS. Many people filed AOS after many months. The thing is that if you don't filed AOS as soon as fast then you are being at high risk to get arrest especially to those who are live in the border.

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

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My son and I arrived on K-1/K-2 visas 1,5 year ago. I got married within 90 days. Our visas expired jul 2013. My husband doesn't sign our documents to apply for AOS. Is there any deadline for that? What can I do about that?

Your visa expiration nothing to do with adjust of status. When you came to the US the time you have entered the country your visa was void. Your legal present was counting from day 1 to 90 days. If you decided to filed now, I believe you have to send off I-130 as well along with your AOS application which means you have to pay more. All you can do that if you are still in a good term with your husband then ask him to file AOS for you and your son as soon as fast. Married to the USC does not mean granted you a legal status to live here.

Edited by Girl from Celebes

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

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There is a deadline. You were supposed to file AoS within the 90 days. However, since it is a family based visa it is likely they will overlook the overstay you have committed. Technically you are out of status.

You are going to find it a bit more hassle to apply for AoS now. Is there any reason your husband won't sign the AoS documents?

This is incorrect. There is no deadline as to when you need to file for AOS. However, it's better to file sooner rather than later. You don't want your spouse be out of status because ICE can detain her for being out of status if you ever run into them. Lots of people wait months before applying for AOS so they could come up with the money.

Since you waited more than a year, when you do file for AOS, you will need a new medical done since that expired after a year. You also need to file I-130 with your AOS if you have been married for more than 2 years to get the 10 year card.

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Filed: Country: Monaco
Timeline

It is true that your husband will agree to reimburse the US government if you or your son were to derive benefits such as unemployment,etc. However, as your husband that is a commitment he should expect to meet anyway. However, unless things go horribly wrong in your marriage he should not be hesitant to sign. Could it be he doesn't understand what all the Affidavit of Support entails?

Also the Affidavit of Support will no longer be in effect if/when you become a US citizen which by law, you're allowed to apply for after 3 years of getting your marriage-based greencard -AND- remaining married the same US citizen husband. If your son is a minor, he will also become a US citizen if/when you naturalize at which point your husband would no longer be obliged for both.

If that should be the case, have him create an account here on VJ and ask the forum. Most of us will be able and glad to answer his questions.

Good luck!

The problem is that the package includes Affidavit of support for me and for my son. Affidavit of support makes him responsible for us for maximum 10 years since we start working.

Edited by JohnR!

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Filed: AOS (pnd) Country: Philippines
Timeline

im on k1/k2 also and filed AOS after almost 4 years after wedding. so technically out of status for years.

i didnt file the i-130 though.. i got my 10 year greencard after 8 months from date of NOA1.

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Filed: Citizen (apr) Country: Mexico
Timeline

Clearing up a couple things:

There is no deadline to file for AOS. As long as you married within 90 days of entry with a K-1, you are eligible to file for AOS.

They do not need an I-130. They are adjusting from a K-1/K-2, and the I-130 is not required They are eligible based on their approved I-129F petition and marriage within the 90 days of entry. That is the same as any other K-1/K-2.

You will need new medicals.

Why did your husband file the paperwork to bring you both here if he had no intentions of signing the I-864 needed for you and your child to become permanent residents? You both have been accruing unlawful presence since your I-94s expired, 90 days after you entered. You will be living here illegally and can be picked up by ICE if he does not submit the I-864 needed for you both to adjust your status.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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The problem is that the package includes Affidavit of support for me and for my son. Affidavit of support makes him responsible for us for maximum 10 years since we start working.

Your husband already signed the I-134 to get you here, right? This is the same thing.

Maybe he is confused about what it means?

You are not allowed to work because you have not filed AOS. Are you working?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: K-1 Visa Country: Ukraine
Timeline

Thank you all for advice. The Affidavit of support for fiancée and for AOS are different. For AOS is more responsibility as I wrote above.

I'm not working right now as I don't have documentation even I want to. I can't get a driver permission too.

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Filed: Country: Monaco
Timeline

If you're still married and living together as husband and wife there is no reason your husband should not sign the papers you need. Perhaps he just needs to learn what the commitment he must make is. If you're separated and your marriage ended already you could be deported if you seek ICE. If your marriage is over you might consider heading back home where you will be able to work and provide for your child because you will not be able to apply for a greencard even if you were to marry another US citizen.

Thank you all for advice. The Affidavit of support for fiancée and for AOS are different. For AOS is more responsibility as I wrote above.
I'm not working right now as I don't have documentation even I want to. I can't get a driver permission too.

Probably ICE is my last option. Will they deport me even I'm legally married?

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So you are married, you love eachother, you live together, and your husband doesn't want to help you get a job and a license? He doesn't want to follow through on immigration for you, like he promised?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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