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AOS following K-1 overstay

By 419 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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419 Newbie

419   0

Posted
Filed: Timeline
Posted

Hello All,

Can you advise:

Finacee entered on K-1 visa, married within the 90 days. 1+ year later, AOS has not been filed. I understand overstays of those who entered the country legally and then married a US citizen are forgiven... But I see conflicting information regarding how the process of filing for AOS for K-1 spouse while out of status works out in actual practice.

Any useful information would be much appreciated.

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shakira08 Explorer

shakira08   0

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
Hello All,

Can you advise:

Finacee entered on K-1 visa, married within the 90 days. 1+ year later, AOS has not been filed. I understand overstays of those who entered the country legally and then married a US citizen are forgiven... But I see conflicting information regarding how the process of filing for AOS for K-1 spouse while out of status works out in actual practice.

Any useful information would be much appreciated.

HI THERE. DONT WORRY YOUR FINE, U ARE LEGAL HERE IN USA EXCEPT ONLY THAT YOUR OUT OF STATUS...IN A SENSE THAT U CAN'T WORK, U CAN'T DRIVE, U CANT TRAVEL OUTSIDE USA, BUT WITHIN USA U CAN TRAVEL AS LONG U HAVE PROPER DOCUMENTS WITH YOU ALL THE TIME (Marriage certificate, Marriage License, Valid Passport etc'..) NOW SINCE YOUR OUT OF STATUS FOR QUITE LONG NOW, GUESS U NEED TO MOVE YOUR BUTT TO APPLY FOR AOS AS SOON AS POSSIBLE, PLUS U NEED A NEW MEDICAL AGAIN SINCE MEDICAL OF K-1 ENTRANTS ARE VALID ONLY FOR 1YEAR. I WILL PM U TO CONTACT THIS PERSON WHO IS VERY KNOWLEDGEABLE FOR IMMIGRATION.

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Leafgal Experienced

Leafgal   3

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

Being out of status is not the end of the world. I too was out of status for 1 year and 3 months before we filed for AOS. We have a lawyer and she said she didn't want to file for my AP as it sometimes messes things up, other than that I am going along fine so far, wish I could work so hoping I get my EAD confirmation next week. And you can drive in the US even if you are out of status if you have a valid drivers license, I did and no problem with the DMV when I renewed after 1 year. Good luck and file as soon as you can so you can get your EAD if that is important to you.

Sometimes people won't give much advice if they don't know your timeline so remember :time:

Edited by Leafgal

K-1 journey, AOS/EAD and ROC in my timeline

2011 March 31 - Sent off Naturalization pkg overnight to Texas

2011 April 1 - Arrived in Texas at 10:21 am

2011 April 1 - NOA (rec'd via snail mail April 8)

2011 April 7 - Cheque cashed

2011 May 5 - Biometrics (letter rec'd via snail mail April 15)

2011 May 9 - Placed in line for interview scheduling

2011 June 13 - Rec'd yellow letter (no change in status online)

2011 June 23 - Rec'd text that my case has been scheduled for interview

2011 August 1 - Interview (rec'd via snail mail June 27) PASSED

2011 August 3 - Rec'd email that my case has been scheduled for Oath

2011 September 1 - Oath ceremony (rec'd snail mail Aug 5)

2011 September 1 - All done, yeah.

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