Jump to content

29 posts in this topic

Recommended Posts

Posted

I could swear I remember reading something about how you don't absolutely have to file for AOS within 90 days of entry - how that's just the time period within which to get married - but I can't find the thread, so I'll ask in a new one: what is the actual time limit within which your AOS paperwork must be postmarked? Is it by the K-1 expiry date? Is there no written rule as to when? Or is it, in fact, the 90 days after POE?

December 22nd, 2008: Legally wed!

March 16th, 2009: AOS package posted via FedEx

March 18th, 2009: AOS package delivered, signed for by J. Chyba

March 24th, 2009: NOA1

March 25th, 2009: Check cashed

March 27th, 2009: NOA1 in hand

April 3rd, 2009: Case transferred to CSC (YES!)

April 9th, 2009: Biometrics

May 6th, 2009: EAD and AP approval notices sent

May 12th, 2009: AOS Touch

May 13th, 2009: AOS Touch, EAD received

June 18th, 2009: CRIS approval email, card production ordered - yes!

June 18th, 2009: Welcome notice mailed

June 22nd, 2009: Welcome notice received

July 2, 2009: Green card received!

Filed: Citizen (apr) Country: India
Timeline
Posted

I don't think there is a written rule as to when you have to file AOS, but sooner the better would be my answer.

AOS/ROC/Citizenship Timeline

DO - Baltimore

2010/2011

Day 0 - Nov. 29: I-751(ROC) Package Sent

Day 1 - Nov. 30: I-751(ROC) Package Delivered @ VSC

Day 4 - Dec. 03: I-751(ROC) Check Cashed

Day 34 - Jan. 13-2011: I-751(ROC) Biometrics Appointment Letter for 1/31/11

Day 46 - Jan. 31-2011: I-751(ROC) Biometrics Completed

Day 138 - Jun. 09-2011: I-751(ROC) Approval Letter Received

2011

Day 0 - Oct. 26 '11: N400 Package Sent

Day 1 - Oct. 27 '11: N400 Package Delivered @ Lewisville, TX

Day 5 - Oct. 31 '11: N400 NOA-1

Day 34 - Nov. 28 '11: Email: Placed in line for interview

Day 57 - Dec. 22 '11: Received yellow letter

Day 144 - Mar. 17 '12: Received fingerprinting letter

Day 147 - Mar. 20 '12: Biometrics completed

Day 156 - Mar. 29 '12: Email: Interview scheduled, letter in mail

Day 190 - May. 02 '12: Interview Completed, Passed, Oath same day

Posted
I don't think there is a written rule as to when you have to file AOS, but sooner the better would be my answer.

There is a written rule: If you have not submitted the AOS and the I-94 expires, you are out of status.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Posted

you are out of status once the i-94 expires but there is not a time limit for when you file aos only that you must be married within the 90 day time frame. we waited a year and were approved for the conditional green card last week. some people wait for 2 years so that they can just receive the 10 year straight away.

good luck to you.

ROC Timeline

18 NOV 2010 Sent 1.8lb packet to USCIS in Laguna Niguel (day 1)

19 NOV 2010 Package signed for V SEMEGI (day 2)

24 NOV 2010 Package returned because USC didn't sign petition (day 6)

calendar reset

26 NOV 2010 Package sent out again (day 1)

29 NOV 2010 Package signed for by V SEMEGI (day 3)

29 NOV 2010 NOA1 issued (day 3)

03 DEC 2010 Hardcopy of NOA received (day 7)

07 JAN 2011 Successful walk in biometrics (day 42) original date 1 FEB

01 MAR 2011 Date on Approval notice (although it arrived after the card did) (day 94)

03 MAR 2011 Card received (day 96)

Filed: Citizen (apr) Country: India
Timeline
Posted

This is exactly correct....no written time limit as to when you have to file for AOS

you are out of status once the i-94 expires but there is not a time limit for when you file aos only that you must be married within the 90 day time frame. we waited a year and were approved for the conditional green card last week. some people wait for 2 years so that they can just receive the 10 year straight away.

good luck to you.

AOS/ROC/Citizenship Timeline

DO - Baltimore

2010/2011

Day 0 - Nov. 29: I-751(ROC) Package Sent

Day 1 - Nov. 30: I-751(ROC) Package Delivered @ VSC

Day 4 - Dec. 03: I-751(ROC) Check Cashed

Day 34 - Jan. 13-2011: I-751(ROC) Biometrics Appointment Letter for 1/31/11

Day 46 - Jan. 31-2011: I-751(ROC) Biometrics Completed

Day 138 - Jun. 09-2011: I-751(ROC) Approval Letter Received

2011

Day 0 - Oct. 26 '11: N400 Package Sent

Day 1 - Oct. 27 '11: N400 Package Delivered @ Lewisville, TX

Day 5 - Oct. 31 '11: N400 NOA-1

Day 34 - Nov. 28 '11: Email: Placed in line for interview

Day 57 - Dec. 22 '11: Received yellow letter

Day 144 - Mar. 17 '12: Received fingerprinting letter

Day 147 - Mar. 20 '12: Biometrics completed

Day 156 - Mar. 29 '12: Email: Interview scheduled, letter in mail

Day 190 - May. 02 '12: Interview Completed, Passed, Oath same day

Posted

I thought being out of status was grounds for removal by USCIS, though. Shouldn't that, by virtue of everything you worked for up to receiving the K-1, constitute a theoretical "time limit"?

December 22nd, 2008: Legally wed!

March 16th, 2009: AOS package posted via FedEx

March 18th, 2009: AOS package delivered, signed for by J. Chyba

March 24th, 2009: NOA1

March 25th, 2009: Check cashed

March 27th, 2009: NOA1 in hand

April 3rd, 2009: Case transferred to CSC (YES!)

April 9th, 2009: Biometrics

May 6th, 2009: EAD and AP approval notices sent

May 12th, 2009: AOS Touch

May 13th, 2009: AOS Touch, EAD received

June 18th, 2009: CRIS approval email, card production ordered - yes!

June 18th, 2009: Welcome notice mailed

June 22nd, 2009: Welcome notice received

July 2, 2009: Green card received!

Posted
I thought being out of status was grounds for removal by USCIS, though. Shouldn't that, by virtue of everything you worked for up to receiving the K-1, constitute a theoretical "time limit"?

You are correct. Some people don't seem to mind the risk. I believe it is a tremendous disservice to the immigrant to delay filing as it can put them in a terrible situation. What does the out of status spouse do if the USC dies before the AOS is submitted -- the spouse has no path to adjustment and may have accrued enough overstay for a 10 year ban. Totally unacceptable in my mind and not the type of advice that should be given out. Take a loan for the fees if you have to, but get it done.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Posted
This is exactly correct....no written time limit as to when you have to file for AOS

you are out of status once the i-94 expires but there is not a time limit for when you file aos only that you must be married within the 90 day time frame. we waited a year and were approved for the conditional green card last week. some people wait for 2 years so that they can just receive the 10 year straight away.

good luck to you.

There is a time limit for filing AOS if you don't want to accrue out of status time.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Posted
I could swear I remember reading something about how you don't absolutely have to file for AOS within 90 days of entry - how that's just the time period within which to get married - but I can't find the thread, so I'll ask in a new one: what is the actual time limit within which your AOS paperwork must be postmarked? Is it by the K-1 expiry date? Is there no written rule as to when? Or is it, in fact, the 90 days after POE?

Its best to file AOS as soon as possible as noted here. However, I have noticed this question coming up often in situations where people have lost their job.

In my opinion if you find yourself unemployed and you can afford the $1010.00 to file then you should do so. BUT if you have to make a choice between rent, utilities, food, medicine for your family and filing for AOS then you may want to consider waiting to file. In my view providing for your family always comes first.

Whatever you do, employed or unemployed, DONOT fail to get married within the 90 day period

Filed: Citizen (apr) Country: India
Timeline
Posted
This is exactly correct....no written time limit as to when you have to file for AOS

you are out of status once the i-94 expires but there is not a time limit for when you file aos only that you must be married within the 90 day time frame. we waited a year and were approved for the conditional green card last week. some people wait for 2 years so that they can just receive the 10 year straight away.

good luck to you.

There is a time limit for filing AOS if you don't want to accrue out of status time.

I would like to know where it states the time limit for filing AOS by USCIS, honestly I've looked for it and can't seem to find it

I could swear I remember reading something about how you don't absolutely have to file for AOS within 90 days of entry - how that's just the time period within which to get married - but I can't find the thread, so I'll ask in a new one: what is the actual time limit within which your AOS paperwork must be postmarked? Is it by the K-1 expiry date? Is there no written rule as to when? Or is it, in fact, the 90 days after POE?

Its best to file AOS as soon as possible as noted here. However, I have noticed this question coming up often in situations where people have lost their job.

In my opinion if you find yourself unemployed and you can afford the $1010.00 to file then you should do so. BUT if you have to make a choice between rent, utilities, food, medicine for your family and filing for AOS then you may want to consider waiting to file. In my view providing for your family always comes first.

Whatever you do, employed or unemployed, DONOT fail to get married within the 90 day period

Agreed, do it as soon as you can, taking into consideration of family needs

AOS/ROC/Citizenship Timeline

DO - Baltimore

2010/2011

Day 0 - Nov. 29: I-751(ROC) Package Sent

Day 1 - Nov. 30: I-751(ROC) Package Delivered @ VSC

Day 4 - Dec. 03: I-751(ROC) Check Cashed

Day 34 - Jan. 13-2011: I-751(ROC) Biometrics Appointment Letter for 1/31/11

Day 46 - Jan. 31-2011: I-751(ROC) Biometrics Completed

Day 138 - Jun. 09-2011: I-751(ROC) Approval Letter Received

2011

Day 0 - Oct. 26 '11: N400 Package Sent

Day 1 - Oct. 27 '11: N400 Package Delivered @ Lewisville, TX

Day 5 - Oct. 31 '11: N400 NOA-1

Day 34 - Nov. 28 '11: Email: Placed in line for interview

Day 57 - Dec. 22 '11: Received yellow letter

Day 144 - Mar. 17 '12: Received fingerprinting letter

Day 147 - Mar. 20 '12: Biometrics completed

Day 156 - Mar. 29 '12: Email: Interview scheduled, letter in mail

Day 190 - May. 02 '12: Interview Completed, Passed, Oath same day

Posted

Filing for AOS is your legal way to remain in the US while awaiting a decision. You are out of status when you K1 expires, but if you have proof of filing for AOS (NOA receipt) then you are legally allowed to remain. The people that wait...I wonder if they were in an accident or stopped by law enforcement for something...how would you show you were legally in the US without an unexpired visa or I-94? With all the crackdown on illegal immigrants, it seems more likely you would be asked for some proof of status. Maybe that's just in Texas where we have a very high number of illegals, but they do seem more strict here now and having something on paper as proof seems important to me.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: K-1 Visa Country: Philippines
Timeline
Posted
This is exactly correct....no written time limit as to when you have to file for AOS

you are out of status once the i-94 expires but there is not a time limit for when you file aos only that you must be married within the 90 day time frame. we waited a year and were approved for the conditional green card last week. some people wait for 2 years so that they can just receive the 10 year straight away.

good luck to you.

There is a time limit for filing AOS if you don't want to accrue out of status time.

What in the world is "Accrued Out of Status Time"?

There is no time limit to file AOS if you get married within the 90 days on the i-94. Are you not still out of status if you do file within the 90 days but don't get your GC for one year? What status are you until you are approved for GC? Everybody is out of status for some period of time. You just can't travel or work legally until you get your GC/EAD/AP and you may be deported if your spouse dies before you are approved. I have seen cases where the spouse died after they filed the AOS but before they were approved and the immigrant spouse was still deported (she was out of status and no longer met the criteria for approval). They can't expect you to get married, file for your GC and get approval within 90 days; it can't happen.

03/20/2006 - I-129F - Sent FedEX

03/28/2006 - NOA 1 (Receipt) - NOA issued from CSC

07/03/2006 - RFE (Receipt) - RFE Received

07/07/2006 - RFE and Waiver Request - RFE arrived at CSC

09/01/2006 - NOA2 - USCIS Email - Approved w/Waiver

09/22/2006 - Electronic Version - Manila - Embassy Received

12/13/2006 - Packet 4 Received via DHL

12/21/2007 - Medical St. Lukes

12/22/2006 - St. Luke's canceled medical in progress - required additional tests in Jan for upper respiratory congestion.

12/28/2006 - Interview Canceled because of congestion and cough during medical at St. Lukes

01/09/2007 - St. Luke's for 3 consecutive days of "sputum tests and finish medical"

01/10/2007 - St. Luke's for 3 consecutive days of "sputum tests and finish medical"

01/11/2007 - St. Luke's for 3 consecutive days of "sputum tests and finish medical"

01/12/2007 - St. Luke's for pulmonary exam - EVERYTHING CLEAR

01/15/2007 - St. Luke's for vaccinations and release of medical to USE

02/26/2007 - Interview APPROVED - 11+ months for K1 Visa

03/05/2007 - Visa in hand

03/05/2007 - CFO Completed

03/06/2007 - Arrived in Dallas

04/29/2007 - Married in Dallas

Posted (edited)
This is exactly correct....no written time limit as to when you have to file for AOS

you are out of status once the i-94 expires but there is not a time limit for when you file aos only that you must be married within the 90 day time frame. we waited a year and were approved for the conditional green card last week. some people wait for 2 years so that they can just receive the 10 year straight away.

good luck to you.

There is a time limit for filing AOS if you don't want to accrue out of status time.

What in the world is "Accrued Out of Status Time"?

There is no time limit to file AOS if you get married within the 90 days on the i-94. Are you not still out of status if you do file within the 90 days but don't get your GC for one year? What status are you until you are approved for GC? Everybody is out of status for some period of time. You just can't travel or work legally until you get your GC/EAD/AP and you may be deported if your spouse dies before you are approved. I have seen cases where the spouse died after they filed the AOS but before they were approved and the immigrant spouse was still deported (she was out of status and no longer met the criteria for approval). They can't expect you to get married, file for your GC and get approval within 90 days; it can't happen.

Out of status time starts on the day after the I-94 expires if you have not filed for AOS.

If you file for AOS before the I-94 expires, you are in a legal status after the I-94 expires (pending AOS) and no out of status time accrues.

If you file for AOS after the I-94 expires, the time between the expiration and the receipt of the AOS application is out of status time, but it is wiped away if/when the AOS is approved.

What happens if for any reason the AOS is not approved (withdrawn, death of sponsor, etc)

1. If the AOS was submitted after the I-94 expired the out of status time calculation reverts back to the expiration of the I-94 and even the days after receipt of the AOS are now counted as out of status and the beneficiary may have accrued enough out of status time to incur a reentry bar of 3 or 10 years.

2. If the AOS was submitted before the I-94 expired no out of status time accrues prior to the adjudication of the AOS. Out of status time will only begin to accrue after the AOS is denied/withdrawn regardless of how long it has been since submission.

Edited by john_and_marlene

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Posted
You are out of status when you K1 expires, but if you have proof of filing for AOS (NOA receipt) then you are legally allowed to remain.

Your K1 is used up on the day you enter the country. After entry, your status is determined by the I-94. You are out of status when the I-94 expires and the dates on the visa are no longer of consequence.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

 
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
- 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...