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Get married after 90 DAYS term

#1 Faysheis

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Posted 08 July 2012 - 01:50 PM

Hello everyone! :)


Who got married after 90 days period to the petitioner? How bad was it with filing AOS? What problems u got? Or it was just longer than for others who got married within 90 days? Please, who went through this, let me know. Its very important.

Thank you soooooo much!!
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#2 belinda63

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Posted 08 July 2012 - 01:55 PM

Since you did not marry within the 90 days the K-1 is no longer valid, you broke the rules. You can marry and concurrently file the I-130/I-485 (see guides at top) but you can no longer just adjust status from the K-1 as you did not marry within the 90 days.
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#3 Gowon

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Posted 08 July 2012 - 01:59 PM

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Why does this continue to happen?
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bo搖a fide adj.

#4 NigeriaorBust

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Posted 08 July 2012 - 02:09 PM

Why does this continue to happen?

Because man was only born with 10 fingers
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#5 Mogambi

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Posted 08 July 2012 - 02:28 PM

It is pretty shocking that it happens EVER.
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#6 X Factor

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Posted 08 July 2012 - 02:30 PM

Some just got to do things the hard way :bonk:
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Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS applicaion sent 12/19/12

#7 Lalo & Susana

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Posted 08 July 2012 - 02:51 PM

You should state why you didn't marry in 90 days because right now everyone is assuming it is because you two just didn't follow the rules. But could it have been due to illness or hospitalization or something like that? If so then maybe just maybe you can have the 90 days extended but if its bc you guys just didn't get married within 90 days then you have to redo everything but now with a marriage visa. And the international spouse most likely will have to go back to their home country to wait the approval of the new visa. When the tell you to get married within 90 days then you MUST get married within 90 days unless there was some type of complication which meant you physically could not get married.
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event.png



K-1
06/21/2012: I-129F Sent
06/25/2012: I-129F Delivered
06/27/2012: I-129F NOA1
12/13/2012: I-129F NOA2 (No RFEs)
12/21/2012: NVC Received
12/28/2012: NVC Left
01/07/2013: Consulate Received
01/30/2013: Packet 3 & 4 Received (The packet never arrived we had to pick it up)
02/27/2013: Interview Date - Visa Approved
03/05/2013: Visa Received
03/15/2013: US Entry
05/11/2013: Marriage

 

 

AOS
06/11/2013: I-485 & I-765 Sent
06/12/2013: I-485 & I-765 Delivered

06/13/2013: NOA1 Received (AOS & EAD)

xx/xx/xxxx: Biometrics Appointment Letter Received

xx/xx/xxxx: Biometrics Appointment

xx/xx/xxxx: EAD Approved

xx/xx/xxxx: EAD Card Received

xx/xx/xxxx: AOS Interview Date

xx/xx/xxxx: AOS Approved

 

#8 Dave&Roza

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Posted 08 July 2012 - 02:59 PM

You should state why you didn't marry in 90 days because right now everyone is assuming it is because you two just didn't follow the rules. But could it have been due to illness or hospitalization or something like that? If so then maybe just maybe you can have the 90 days extended but if its bc you guys just didn't get married within 90 days then you have to redo everything but now with a marriage visa. And the international spouse most likely will have to go back to their home country to wait the approval of the new visa. When the tell you to get married within 90 days then you MUST get married within 90 days unless there was some type of complication which meant you physically could not get married.



I have never seen them bend this rule. They tell you at the interview you must get married within 90 days. You sign a letter of intent that states you will get married within 90 days. At the POE they told my wife that she had 90 days to get married. You have 90 days to get married based on a K-1. PERIOD. If you miss that then you need to file the I-130 with the I-485 AOS rather than wasting time seeing about a waiver due to unforseen circumstances. All the OP has to do is file the I-485 with the I-130 which is adjusting status within the US for a spouse of a USC. No need to go back to the home country and do the entire I-130 spousal visa. It will cost more than just the AOS and will take more time, but that is the penalty for not following the rules.

Good luck,

Dave
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#9 Lalo & Susana

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Posted 08 July 2012 - 03:05 PM

I have never seen them bend this rule. They tell you at the interview you must get married within 90 days. You sign a letter of intent that states you will get married within 90 days. At the POE they told my wife that she had 90 days to get married. You have 90 days to get married based on a K-1. PERIOD. If you miss that then you need to file the I-130 with the I-485 AOS rather than wasting time seeing about a waiver due to unforseen circumstances. All the OP has to do is file the I-485 with the I-130 which is adjusting status within the US for a spouse of a USC. No need to go back to the home country and do the entire I-130 spousal visa. It will cost more than just the AOS and will take more time, but that is the penalty for not following the rules.

Good luck,

Dave



My friend got into a car accident coming back from the airport when her fiance and her arrived. The US citizen was in the hospital for 5 months and they allowed their 90 day period to be extended and said that it is very uncommon but for cases that the US citizen or the beneficiary cannot physically get married they extend it. That is why her case was extended. So it has happened before but like I mentioned before it is very uncommon and it takes a lot to prove. That is why i told the OP that they will most likely have to start the whole process over again but with a marriage visa.
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event.png



K-1
06/21/2012: I-129F Sent
06/25/2012: I-129F Delivered
06/27/2012: I-129F NOA1
12/13/2012: I-129F NOA2 (No RFEs)
12/21/2012: NVC Received
12/28/2012: NVC Left
01/07/2013: Consulate Received
01/30/2013: Packet 3 & 4 Received (The packet never arrived we had to pick it up)
02/27/2013: Interview Date - Visa Approved
03/05/2013: Visa Received
03/15/2013: US Entry
05/11/2013: Marriage

 

 

AOS
06/11/2013: I-485 & I-765 Sent
06/12/2013: I-485 & I-765 Delivered

06/13/2013: NOA1 Received (AOS & EAD)

xx/xx/xxxx: Biometrics Appointment Letter Received

xx/xx/xxxx: Biometrics Appointment

xx/xx/xxxx: EAD Approved

xx/xx/xxxx: EAD Card Received

xx/xx/xxxx: AOS Interview Date

xx/xx/xxxx: AOS Approved

 

#10 Jay-Kay

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    The Kay half of Jay-Kay



Posted 08 July 2012 - 03:14 PM

Hello everyone! :)


Who got married after 90 days period to the petitioner? How bad was it with filing AOS? What problems u got? Or it was just longer than for others who got married within 90 days? Please, who went through this, let me know. Its very important.

Thank you soooooo much!!

It is clearly stated time and time again that you must marry within 90 days of entering, before your I-94 expires.

You are no longer eligible to file for AOS based on your approved I-129F and K-1 visa.

You do not have to leave the US, but you are basically starting all over again. You must now file an I-130 concurrently with your I-485. Follow this guide: http://www.visajourn...tent/i130guide2
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Link to K-1 forms and instructions for Ciudad Juarez, Mexico > http://ciudadjuarez....ianceforms.html

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K-1 --> I-129F Sent: 05/26/10 - NOA2: 07/02/10 - Interview: 09/21/10-APPROVED! - Wedding: 12/12/10
AOS--> I-485 Sent: 01/25/11 - Bio: 02/24/11 - EAD/AP: 04/09/11 - Interview: 05/18/11-APPROVED! - GC: 05/26/11
ROC--> I-751 Sent: 03/21/13 - Bio: 04/25/13

#11 A&B

A&B

    鸳鸯鸟



Posted 08 July 2012 - 03:15 PM

Because man was only born with 10 fingers


:rofl: :thumbs:
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"And in the end, the love you take
Is equal to the love you make." - Lennon & McCartney

K-1/K-2 Visa process
A- 辽宁省, B- Seattle area
31 Oct 2011: I-797c (NOA1) dated from CSC, USA
29 Mar 2012: I-797 (NOA2) hardcopy received from CSC, USA
13 Jun 2012: K-1/K-2 Visas Interview - APPROVED
22 Jun 2012: Received Visas from Guangzhou US consulate
26 Jul 2012: POE SeaTac, USA
30 Jul 2012: Marriage, Seattle Justice Center, Seattle, USA
Timespan: K-1/K-2 Visas - 226 days

AOS process
17 Aug 2012: AOS packet (x2) sent to Chicago lockbox
08 Sep 2012: I-797c (NOA1): I-485, I-765, I-131 (x2) hardcopies received from NBC
02 Oct 2012: Biometrics "captured" (x2)
01 Nov 2012: EAD/AP card received (x2)
19 Nov 2012: AOS interview (x2) - APPROVED
26 Nov 2012: I-797 "Welcome to the USA" approval letter (x2) received from NBC
30 Nov 2012: I-551 2-year Green Card (x2) Received from NBC
Timespan: I-551 2-year Green Card (x2) - 105 days

ROC process
21 Aug 2014: I-751 application acceptance window opens


___________________________________________________________________________________________________________________________


USCIS ROC Date Calculator

#12 Penguin_ie

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Posted 08 July 2012 - 03:40 PM

** Moving from K1 to AOS from Family visa as that is what the OP is asking about ****
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Bye: Penguin
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Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

#13 mimolicious

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Posted 08 July 2012 - 04:57 PM

I will never understand why some people don;t follow the rules of the k1 and get married within the 90 days like they are supposed to. Then they come here asking what they should do and make excuses for why they didn't. People if you file a k1 do yourself a favor and follow the rules
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#14 NY_BX

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    Platinum Member



Posted 08 July 2012 - 05:13 PM

Hello everyone! :)


Who got married after 90 days period to the petitioner? How bad was it with filing AOS? What problems u got? Or it was just longer than for others who got married within 90 days? Please, who went through this, let me know. Its very important.

Thank you soooooo much!!

your AOS will be denied. This is not a suggestion, is a rule! YOU MUST MARRY WITHIN 90 DAYS! No exceptions. If you marry outside the 90 days, the process changes.
:angry: Really? Do people fail to follow this rule? If you think you can't marry within 90 days of arrival, do not petition anyone. You will be hurting the beneficiary, not to mention more money will be wasted!
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Don't ever do anything you're not willing to explain the paramedics.

#15 Penguin_ie

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    Queen Penguin



Posted 08 July 2012 - 05:30 PM

your AOS will be denied. This is not a suggestion, is a rule! YOU MUST MARRY WITHIN 90 DAYS! No exceptions.


That is not true. It becomes more costly, but it will not automatically be denied. In fact, chances of denial are pretty slim if this guide is followed: http://www.visajourn...tent/i130guide2
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Bye: Penguin
Posted Image
Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.
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