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chyna

super late AOS help!

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Hello everyone, i have a question here that needs an accurate answer with regards to my case, and hopefully someone can help answer this question i have. To begin with, i enter here in US with k1 visa in 2014. Married a week after i arrived but didnt process my AOS until now due to financial issues. Recently, we decided to do it but kind of worried coz am 2 yrs& 8 months late now. Anyone can tell us what to do? What kind of forms needed and what are the risk behind this situation i am in. Hope to hear something positive. Thanks!

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There shouldn't be a problem as long as you married within the 90 days. I filed a month after my visa expired :)


Wx9dm6.png
 
 

AOS Timeline:

2016-11-21 Filed AOS, AP, EAD

2016-12-19 NOA1 Hardcopy received

2016-12-23 RFIE notification, hardcopy received 12/30/2016 (I-864)

2017-01-03 Biometrics letter received (Jan 12th)

2017-03-09 EAD and AP approved

2017-09-15 Green card approved without interview!

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There are many others who waited some time, even years, to file AOS because of finances so you aren't the first. They just care if you married within the 90 days of your arrival; so if your marriage certificate demonstrates that you having nothing to worry about. Send in what is on the instructions and there are some links here that also give you a list of what to send in.


A Tale of Two Dakotaraguans

K1 Journey - 78 Days

 

Sent I-129F - 11/16/15 [Day 1]
NOA1 - 11/18 (Hard copy: 11/24) [Day 2, Day 8]
NOA2 - 12/18 (Hard copy: 12/26) [Day 32, Day 40]
NVC received file: 1/05/2016 [Day 50]
Obtained NVC invoice number, paid visa fee, filled out DS-160: 1/06 [Day 51]
Fiancé's medical: 1/12 9:00am [Day 57]
Interview: 1/22 9:30am, Approved! [67 days] (F)
Visa status = "AP": 1/25, "Issued":01/27, "In Transit: 2/02"
Visa packet in hand: 2/03 [Day 78]
POE: (Houston) 2/04, North Dakota arrival: 2/05

Married (civil): 2/05/16 (L)

AOS - 55 Days

 

I-485, AP, EAD sent : 3/03/2016 [Day 1]

Delivered: 3/04 [Day 2]

Electronic NOA1: 3/08 [Day 5]

NOA1 Hardcopy: 3/12 [Day 9]

Biometric Notification snail-mail: 3/26 [Day 23]

Biometrics Appt: 4/06 in Fargo, ND [Day 33]

Notification(s): "Your new card is being produced" (Green Card) 4/23 [Day 48]

"Your case was approved" (lol backwards) 4/26 [Day 51]

"Your card was mailed on 4/27" 4/28 [Day 53]

Green Card in Hand: 4/30 [Day 55]

D-day ("Dress day"/I do...again Day/wedding reception): 9/10/16

ROC

Spoiler

Window opens: 1/24/2018

Package sent: 1/26, Delivered: 1/29 at 11:17am to CSC - [Day 1]

Check cashed: 1/31 [Day 3]

NOA1: 1/29 [Day 1]

NOA snail-mail: 2/02 [Day 4]

Biometrics snail-mail: Sent 5/5, received 5/12 [Day 107]

Biometrics appt: Not required

Email: 5/25 "We are still reviewing your case and there are no updates. We last took action on 3/16" [Day 120]

Email 6/8, 6/22, 7/6, 7/20, 8/3 "Still reviewing your case blah blah" [Day 134, 148, 162, 176]

18 Month extension letter received, dated 8/18: 8/24/18

Citizenship

Spoiler

Window opens: 01/24/2019

 

 

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As long as you married within the 90 days, you'll be fine to file AOS still. Technically, you have been out of status past that 90 day period, and were (are) subject to removal from the US until you file for AOS.

 

That said, not filing for AOS means you couldn't work in the US. Even a minimum wage, part-time job would cover the AOS costs within a few months. There's no good reason to wait almost 3 years, and putting it off that long has lead to numerous heartbreaking stories here on VJ (relationship issues, homesickness, divorce and being SOL to get have any legal right to stay in the US, etc.).

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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8 minutes ago, sabellic said:

There shouldn't be a problem as long as you married within the 90 days. I filed a month after my visa expired :)

Thanks alot for your reply, that helps me feel better to know that i am not alone, am just kind of worried because of the long wait we did.

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if memory serves me you need to file

i485 aos

i693 medical form the previous one will have expired

i864 sponsor form

g325a bio forms

optional forms

i131 advanced parole

i765 work permit

 

good luck

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9 minutes ago, JJGussiaas (Gush) said:

There are many others who waited some time, even years, to file AOS because of finances so you aren't the first. They just care if you married within the 90 days of your arrival; so if your marriage certificate demonstrates that you having nothing to worry about. Send in what is on the instructions and there are some links here that also give you a list of what to send in.

Thank you so much! Now, i am more confident that i will be fine...i just cant imagine myself be deported and left my 19 months old baby because of our possible mistake.

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4 minutes ago, f f said:

if memory serves me you need to file

i485 aos

i693 medical form the previous one will have expired

i864 sponsor form

g325a bio forms

optional forms

i131 advanced parole

i765 work permit

 

good luck

That will be very helpful...i will take note all those forms for sure and go from there. God bless you all who tried to help me up and thanks alot!

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and for a bit of peace of mind. once you file the aos you are in a period of authorized stay till they decide on the aos. during this period they can not pick you up and deport you for being out of status. however you still can't go rob a bank that will still get you a one way ticket home.

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16 minutes ago, f f said:

and for a bit of peace of mind. once you file the aos you are in a period of authorized stay till they decide on the aos. during this period they can not pick you up and deport you for being out of status. however you still can't go rob a bank that will still get you a one way ticket home.

Glad to know about it...hopefully we can file it soon to avoid worse case scenario...my mistake was just too confident that we're married on time. But still have hope to fix this base on the responces i got here...thanks alot to all of you out there with a helping heart?

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One additional piece of advice.  Since you are already married over two years, the AOS will be for a 10 yr GC rather than a conditional two yr GC.  I would make sure you include a lot of evidence that shows the comingling of your lives such as joint bills, tax returns, etc.  You have a child together so that is a big piece of evidence :).  You may also want to review the Removal of Conditions guides to help you with examples of evidence even though you are only filing the AOS (I am not suggesting you include the I751 form, just review them for evidence examples).  Although not required, I would front load the AOS submission with as much evidence as you can as it may be helpful in adjudicating your submission.  Other than that, as other's have said, many people wait to file the AOS for various reasons, but since you are doing it now, you are on the right track.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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8 hours ago, Bill & Katya said:

One additional piece of advice.  Since you are already married over two years, the AOS will be for a 10 yr GC rather than a conditional two yr GC.  I would make sure you include a lot of evidence that shows the comingling of your lives such as joint bills, tax returns, etc.  You have a child together so that is a big piece of evidence :).  You may also want to review the Removal of Conditions guides to help you with examples of evidence even though you are only filing the AOS (I am not suggesting you include the I751 form, just review them for evidence examples).  Although not required, I would front load the AOS submission with as much evidence as you can as it may be helpful in adjudicating your submission.  Other than that, as other's have said, many people wait to file the AOS for various reasons, but since you are doing it now, you are on the right track.

 

Good Luck!

Wow! I can't hardly believe what i am reading here...what a great blessing if so! I hope this will really happen to me, be given 10 yrs GC so we will be at peace for awhile doing all paper works over again. Thank you so much for this info you're trying to share. You're such a blessing to us, by sharing us what you know. I sure take your advice to review about the I751 form to educate myself.???

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