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my husband and I married before the 90 days, but his actual K1 visa has now expired before we were able to file the AOS... are we still allowed to file for a green card or does he have to go back to his country? please help.

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Yes, you should file as soon as possible.....he may be out of status until you file.

 

EDIT:  and make sure you also file for A/P and EAD....

Edited by missileman

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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I might be wrong, but I’m pretty sure his K1 expired as soon as he entered the country. If you fulfilled the 90 day marriage stipulation I suggest you hurry up and send the aos in. I wouldn’t recommend him leaving because then he can’t come back. I don’t believe he has yet overstayed his welcome. However, I do believe you should get that AoS in asap. Like I said I may be wrong on some parts, but that’s my 2 cents. 


Met at University in Scotland - August 2013

Tiae left Scotland - October 2014

Jonathan visited Tiae in the States - August 2015, August 2016, April 2017

Jonathan proposed - February 2016

Filed I-129f - March 2017

NOA1 - April 3, 2017

NOA2 - August 10, 2017

NVC Rec'd - August 28, 2017

NVC # rec'd - August 29, 2017

Left NVC - August 31, 2017

Consulate Rec'd - September 5, 2017

Package 3 Received - September 5, 2017

Package 3 Response - September 5, 2017

Medical Appt - September 15, 2017

Interview - September 25, 2017

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One more thing:  He will be in authorized stay status once you file AOS.


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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On 1/4/2017 at 10:53 AM, Scandi said:

Why does he need another visa to apply for the K-1 visa?

 

The K-1 visa is a non-immigrant visa with immigrant intent.

 

17 minutes ago, missileman said:

One more thing:  He will be in authorized stay status once you file AOS.

what is an A/P and EAD and what is a authorized stay status??

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Advance Parole gives your husband permission to leave the country before his AOS is approved.....THIS IS CRITICAL!!   If he leaves the country without A/P (Advance Parole), he can be seen as having abandoned his status......I advise you to read the information here on VJ..........EAD is a document which authorizes him to work before his AOS is approved.......

 

http://www.visajourney.com/content/k1k3aos


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Advance Parole gives your husband permission to leave the country before his AOS is approved.....THIS IS CRITICAL!!   If he leaves the country without A/P (Advance Parole), he can be seen as having abandoned his status......I advise you to read the information here on VJ..........EAD is a document which authorizes him to work before his AOS is approved.......

 

http://www.visajourney.com/content/k1k3aos

 

I defer to a distinguished expert @geowrian  to explain further.


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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