Jump to content
Sign in to follow this  
gbrairam

Got married on the 90th day and have yet to work on AOS

17 posts in this topic

Recommended Posts

Hi. I arrived last January 29, 2006 on a K-1 and my fiance and I got married April 29, 2006. That's actually 91 days after my arrival! I have not been able to put together my AOS packet yet although I have been reading up on it and preparing the forms.

A few questions I hope someone who knows can answer:

We used my husband's address in Arizona in the K-1 application. We will be relocating to Washington, DC within a week but have yet to find a place to stay there. With no address yet, can we use my parents-in-laws address in Chicago? (My husband lived in Chicago before moving to Arizona and his dad is my co-sponsor since my husband has not been earning the last two years, having gone back to school.)

If not having an address yet makes my AOS application too complicated, can I just wait for a couple of weeks before sending in my AOS packet or will I get into trouble for not filing it within the 90 days? We should be able to find an apartment in the next two weeks so I will be able to give a current address but for now we are in transition.

Will appreciate any replies.

Gina

Share this post


Link to post
Share on other sites

I think you may have made life rather complicated for yourself !!

Not filing AOS within 90 days in itself would not have been a problem. I beleive you can actually wait up to 180 days to file AOS papers without any major problems. However, the fact that you didn't get married until 91 days after activating your K-1 is a pretty big problem !!

The text below is taken from the USCIS website...(http://www.uscis.gov/graphics/howdoi/fiance.htm)

The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States.

Considering that the whole 'marrying within 90 days' thing is one of the most important parts of the K-1 process, I hope that your reasons for delaying your wedding until after the 90 day cutoff were worth the stuation you now find yourself in.

You need to supply a marriage certificate as part of your AOS application so there is no way of saying you were married earlier than you actually were. I have a feeling that a meeting with an experienced AILA certified immigration attorney should be your next course of action.

Best of luck and apologies if I haven't painted the rosiest picture for you.

Mark :)

Edited by luv2teach77

Our Full Timeline From K-1 Application through to Receiving my Green Card

Timeline Summary

11/30/2007 - I-751 Mailed to Nebraska

12/28/2007 - NOA Received (application has been forwarded to California)

01/09/2008 - Biometrics taken in St. Louis

03/27/2008 - I-751 Approved, 10 Yr Greencard in the mail !!

12/20/2016 - N-400 mailed to Phoenix lockbox

01/17/2017 - NOA Received

01/25/2017 - Attended biometrics in St. Louis

09/29/2017 - Received I-797C notice dated 09/27/17.  Interview Scheduled for November 6th @ 8am

11/06/2017 - N400 interview in St. Louis.  Approved !!:jest:

02/05/2018 - Notice of Oath Ceremony date received.  March 1st, 2018 @ 8.30am

 

"Though miles once lay between us, we were never far apart, for true love doesn't count the miles, it's measured by the heart"

Check out our website - "Our Journey Together"

View Our Online Photo Albums - "Mark and Debs' Webshots Albums"

Share this post


Link to post
Share on other sites

I don't think there is any problem at all with filing the AOS later (some people wait for a year or two sometimes (yes I have read about them!)) So! Don't worry about that - I wonder if technically being out of status by one day (you married on the 91st day) makes your K1 void and forces you to apply for AOS along with I130. Hopefully others will chime in on that point. And yes - the question to ask - why didn't you get married within the 90 days - and the response to your answer - Are you nuts! Ha ha ha - Good Luck :lol:


2005

K1

March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!

AOS

Oct 19 Mailed AOS Packet to Chicago

2006

Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received

2008

Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered

2009

Citizenship

Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

Share this post


Link to post
Share on other sites

  • (Get out your calendars, boys and girls, it's time for some counting!)
    If you entered on January 29, does that count as day one or day zero?
    Because wouldn't you say, on January 30, that you had been there one day so far?
    If that is the case, then April 29 is actually day ninety, by my count.
    (Then again, the quoted passage says "WITHIN" 90 days.)
    So even if the government disagrees with you, you can probably make that argument.
    Who knows, maybe it actually IS day 90, in their eyes.


  • adamlovesamber4ha.gif

Timeline

--------------------

January 19 2006 I-129F sent to TSC (Day 1)

- (Subsequently transferred to CSC)

January 27 2006-NOA1 (Day 9)

January to April - Tried to keep her patient and calm as we waited!

April 17 2006 - NOA2 (Day 89)

... 91 days ...

July 17 2006 - NVC ~ After 91 days, FINALLY received by NVC! (Day 180)

July 21 to August 8 2006 - Flew down to visit Amber in Florida (ZERO problems at border)

Jul 25 2006 - Packet 3 received

August - ABANDONED PROCESS

How many DAYS has it been since you sent in your application?

Find out here: http://www.timeanddate.com/date/duration.html

Share this post


Link to post
Share on other sites

I think you're in trouble.


(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

Share this post


Link to post
Share on other sites

Ayup....methinks you're in trouble too...the K-1 is specific: You must be married within 90 days of arriving in the US. To my way of thinking, day one starts the day your flight arrives in the US.


Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

Share this post


Link to post
Share on other sites
Ayup....methinks you're in trouble too...the K-1 is specific: You must be married within 90 days of arriving in the US. To my way of thinking, day one starts the day your flight arrives in the US.

Yeah, this doesn't sound good. Good luck with what is to come.

Share this post


Link to post
Share on other sites

Was there some reason you waited an extra day to get married that you could possibly explain to immigration? Like, did you intend initially to fly in at a later date than you did and so, made all the wedding arrangements for April 29th and when you flew in earlier, all the wedding arrangements were already paid for so you had no choice but to do it that day? Or something?

Also, and I hope this doesn't sound dumb, but is it actually 91 full days? I mean, if you entered the US at night in January, you could possibly argue most of that day was gone and since you probably got married in the morning/afternoon you may be able to inch by... I mean, don't panic yet because you may technically be okay and maybe they'll "let it slide" since you DID get married to the correct person and barely barely barely within the time frame with 90 days and 1/2. Or even if they wouldn't think of it like that... maybe they'd be willing to work with you and be lenient.

Good luck to you -- just try and stay calm, whatever you do :thumbs:


--------------------------------------------------------------------------------

7/27/2006: Arrival in NYC! -- I-94/EAD stamp in passport

8/08/2006: Applied for Social Security Card

8/18/2006: Social Security Card arrives

8/25/2006: WEDDING!

AOS...

9/11/2006: Appointment with Civil Surgeon for vaccination supplement

9/18/2006: Mailed AOS and renewal EAD applications to Chicago

10/2/2006: NOA1's for AOS and EAD applications

10/13/2006: Biometrics taken

10/14/2006: NOA -- case transferred to CSC

10/30/2006: AOS approved without interview, greencard will be sent! :)

11/04/2006: Greencard arrives in the mail! :-D

... No more USCIS for two whole years! ...

--------------------------------------------------------------------------------

Share this post


Link to post
Share on other sites

Gina,

What's the 'UNTIL' date written on your I-94? (The CBP has done the math for you already.)

If you married after that date include an I-130 from your husband with your I-485. I don't know what happens if you married on that date.

In any case, a consultation with an immigration attorney might be helpful so that you don't make any further mis-steps or close calls, as the case may be.

Yodrak

Hi. I arrived last January 29, 2006 on a K-1 and my fiance and I got married April 29, 2006. That's actually 91 days after my arrival! I have not been able to put together my AOS packet yet although I have been reading up on it and preparing the forms.

A few questions I hope someone who knows can answer:

We used my husband's address in Arizona in the K-1 application. We will be relocating to Washington, DC within a week but have yet to find a place to stay there. With no address yet, can we use my parents-in-laws address in Chicago? (My husband lived in Chicago before moving to Arizona and his dad is my co-sponsor since my husband has not been earning the last two years, having gone back to school.)

If not having an address yet makes my AOS application too complicated, can I just wait for a couple of weeks before sending in my AOS packet or will I get into trouble for not filing it within the 90 days? We should be able to find an apartment in the next two weeks so I will be able to give a current address but for now we are in transition.

Will appreciate any replies.

Gina

Edited by Yodrak

Share this post


Link to post
Share on other sites

The way I count it is, if you arrived on January 29th, then 1 day has elapsed on January 30th, 2 days on January 31st, etc.. all the way up to 90 days on April 29th.

Since CBP doesn't put time stamps on the I-94 or your passport, my opinion is that you are being given the benefit of an extra few hours. My bet is that your I-94 says April 29th, in which case you have cut it to the finest bone possible.

Just my opinion.

G


I-129F Filing

G (USA)

L (Scotland)

2005-02-05 Sent to TSC

2005-03-02 NOA2 rcvd

2005-04-27 Medical - 3:40 pm in Edinburgh

2005-05-19 Interview - approved!!

2005-06-12 G & L fly to Florida

2005-08-20 Wedding day!!

2005-09-15 Sent AOS docs

2005-09-23 NOA1 rcvd for 485, 765, and 131

2005-11-28 AP rcvd

2006-01-03 EAD rcvd

2006-03-08 AOS interview - Success - pending FBI name check!!

2006-04-05 Rcvd the 'Welcome To America' email. Name check is done!!

2006-04-17 Green Card Received!!

2008-02-05 Sent I-751 to remove conditions

2008-02-11 I-751 received in Texas

2008-02-25 Check finally cashed!!

2008-03-19 Biometrics completed in West Palm Beach

2008-12-23 Rcvd notification of GC production

2008-12-30 Rcvd notification of confirmation letter going in the mail.

"Just as our DNA is unique, so too is our visa processing experience."

G 3/31/05

Share this post


Link to post
Share on other sites

I can't remember exactl what the I-94 is like, but I remember my husband at least had an expiration for the EAD stamp on the I-94. I calculated from the start and end date, and it was 90 days including the end date. This would mean that the OP got married on the 91st day and is therefore outside of the requirement.

http://www.timeanddate.com/date/durationre...9&y2=2006&ti=on

Share this post


Link to post
Share on other sites

I can't imagine waiting until the last possible moment unless there is a very good explanation. I want to be married right after my fiance gets his SSN#. Why wait? :P


K-1 Process

---------------------------

April 20, 2006 - Filed I-129F (Ahhhhh finally!)

July 31, 2006 - APPROVED!

September 28, 2006 - Interview!

September 29, 2006 - VISA in hand!

October 14, 2006 - WEDDING DATE!

AOS & EAD Process

----------------------------

December 26, 2006 - Darcy's last day of employment on his 90-day work authorization. Bummer!

December 27, 2006 - Filed AOS and EAD paperwork

January 3, 2006 - Receipt date of NOA1

January 11, 2007 - 'touched'

January 17, 2007 - transferred to CSC

January 19, 2007 - biometrics appointment

January 22, 2007 - 'touched'

January 23, 2007 - 'AOS touched'

January 24, 2007 - 'touched'

January 31, 2007 - 'AOS touched'

February 1, 2007 - GREEN CARD ORDERED!!!

February 5, 2007 - Received Welcome Letter

February 11, 2007 - received GREEN CARD!!

Lifting Conditions

----------------------------

December 31, 2008 - filed I-751

January 10, 2009 - received 1-year extension letter

January 28, 2009 - biometrics

February 13, 2009 - 10-year green card ordered

Share this post


Link to post
Share on other sites

just curious - why are you going to wait until your fiance has his SSN to get married? I thought the SSN process takes quite some time. And most states don't require an SSN to get married?

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...