Married within 3 months BUT not yet submitted AOS AND I-94 expiring next week!

[scriptae 0]

Got the K1, got married and now in the middle of doing the I-485 paperwork. We've unfortunately left this to very late and I just noticed that my 1-94 departure document states: Admitted Dec 10 to March 9, 2009. How do I proceed??

What we've made sure to do is get married before the 3 months (on Dec 17) is up but that's all so far! Very much appreciate anyone's help out there. I tried calling USCIS today but of course they don't work on Saturdays, urgh! I feel like such an idiot. I can't believe I let myself get so complacent just because I finally got here and we're married.

Also, could anyone clarify the below?

1) I mean to change my surname to my husband's - do my forms still state my surname - when do i change it?

2) I understand now that I only need to submit my vaccination supplement - but I still need to go to a USCIS medical practitioner? Would you know how long that takes?

3) Fiancee approval notice - Would that be the letter I received from the consulate stating that : "This office is ready to begin final processing of the immigrant visa applicant named below in this case. We have schedule an appointment for a visa interview...." After this I went to the interview, and indication of approval was the visa stamped into my passport - no other letter of approval. Is that the one to use?

Any other tips? Thanks so much!

[Kathryn41 3,205]

Got the K1, got married and now in the middle of doing the I-485 paperwork. We've unfortunately left this to very late and I just noticed that my 1-94 departure document states: Admitted Dec 10 to March 9, 2009. How do I proceed??

You'll be ok. File as soon as you can. You just need to marry within the 90 days -there actually isn't a deadline by which you need to file for AOS, although it is in your best interest to file as soon as you can. What will happen is that from the date of the I-94 expiry to the receipt date of the AOS you will be out of status in the US. Normally, this is not an issue but do be careful not to draw attention to yourself until you get your new status of "AOS applicant".

What we've made sure to do is get married before the 3 months (on Dec 17) is up but that's all so far! Very much appreciate anyone's help out there. I tried calling USCIS today but of course they don't work on Saturdays, urgh! I feel like such an idiot. I can't believe I let myself get so complacent just because I finally got here and we're married.

Also, could anyone clarify the below?

1) I mean to change my surname to my husband's - do my forms still state my surname - when do i change it?

Fill out the forms using the name you intend to use. If that is your husband's last name, then use that name and include your maiden name under other names used. Your green card will then be issued in your married name.

2) I understand now that I only need to submit my vaccination supplement - but I still need to go to a USCIS medical practitioner? Would you know how long that takes?

It varies from Civil Surgeon to Civil Surgeon. Usually appointments are quite quick. Be sure that they know you don't need a full medical since you had one within the last year as a K-1 - some will try to insist. Hold your position - you only need the vaccination part. You can find the list of Civil Surgeons for your area at http://www.uscis.gov.

3) Fiancee approval notice - Would that be the letter I received from the consulate stating that : "This office is ready to begin final processing of the immigrant visa applicant named below in this case. We have schedule an appointment for a visa interview...." After this I went to the interview, and indication of approval was the visa stamped into my passport - no other letter of approval. Is that the one to use?

I believe that would be the NOA2 notifying your fiance that his petition was approved.

Any other tips? Thanks so much!

[Reba 2]

Don't drive anywhere near any border check-points, or don't get stopped for speeding or anything; they've been getting mean lately and deporting K1s who are out of status! I've seen a couple of things posted here about it since the beginning of the year.

You really need to get your AOS application in asap.

[Bobby+Umit 161]

Actually, there is a time limit for AOS, based on your entry stamp date. That is a deadline for all intents and purposes.

The OP will be out of status, married or not, tomorrow.

I would file ASAP to get your NOA1 - which will let ICE/Police know your in the process of AOS and not out of status!

[angeladams 0]

fill out your aos paperwork in your married name if you intend on using it as your name.

and as long as your aos paperwork is sent to uscis (date stamped) before the date of the i94 expiring then you will be ok. I forgot to send a couple of things to them and they just sent a letter to us asking for the missing documents to be sent to them within 60 days.