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Cmehat

Married on June 21st 2009 - Visa expires Jul 22 09

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Filed: K-1 Visa Country: Canada
Timeline

I was married June 21st 2009 and my visa expires July 22 2009. We are sending our package for the AOS this week but what is my deadline to send in the package for AOS. Is it July 22 2009?? Am I in trouble since I've waited?? We just got back from our honeymoon. Please help since I'm a little nervous now. :( Thank you!

Cindy

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Filed: AOS (apr) Country: Philippines
Timeline
I was married June 21st 2009 and my visa expires July 22 2009. We are sending our package for the AOS this week but what is my deadline to send in the package for AOS. Is it July 22 2009?? Am I in trouble since I've waited?? We just got back from our honeymoon. Please help since I'm a little nervous now. :( Thank you!

Cindy

you were given 90 days to marry... you met that requirement... no trouble

There is no official deadline to file AOS, but before the I-94 expires is reccomended, if possible


YMMV

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My wife and I are in a similar situation.

My sweeties I-94 expires July 24, we were married June 25. Do we need to notify USCIS that we are now married or is that what the AOS effectively does? If we were to chill for a few months getting settled in our new home with our new marriage before we file the AOS, what harm is there in that? I just feel a bit strange because after getting married we didn't notify USCIS.. I don't want ther to become Illegal after the I-94 expiration.

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Filed: K-1 Visa Country: Canada
Timeline
I was married June 21st 2009 and my visa expires July 22 2009. We are sending our package for the AOS this week but what is my deadline to send in the package for AOS. Is it July 22 2009?? Am I in trouble since I've waited?? We just got back from our honeymoon. Please help since I'm a little nervous now. :( Thank you!

Cindy

you were given 90 days to marry... you met that requirement... no trouble

There is no official deadline to file AOS, but before the I-94 expires is reccomended, if possible

Okay that helps a lot!! Thank you. Is it possible for me to apply for my EAD and apply for my AOS later? My I94 doesnt expire until Sept 04 2009.

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Filed: AOS (apr) Country: Philippines
Timeline
I was married June 21st 2009 and my visa expires July 22 2009. We are sending our package for the AOS this week but what is my deadline to send in the package for AOS. Is it July 22 2009?? Am I in trouble since I've waited?? We just got back from our honeymoon. Please help since I'm a little nervous now. :( Thank you!

Cindy

you were given 90 days to marry... you met that requirement... no trouble

There is no official deadline to file AOS, but before the I-94 expires is reccomended, if possible

Okay that helps a lot!! Thank you. Is it possible for me to apply for my EAD and apply for my AOS later? My I94 doesnt expire until Sept 04 2009.

you can but it costs $340 and will expire 09/04/09 and take 60-90 days to process, so it is a waste of money and effort. If you apply with AOS then it will be a one year expiration and 60-90 days to process and is free (after teh $1010 AOS payment).


YMMV

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Filed: K-1 Visa Country: Canada
Timeline
I was married June 21st 2009 and my visa expires July 22 2009. We are sending our package for the AOS this week but what is my deadline to send in the package for AOS. Is it July 22 2009?? Am I in trouble since I've waited?? We just got back from our honeymoon. Please help since I'm a little nervous now. :( Thank you!

Cindy

you were given 90 days to marry... you met that requirement... no trouble

There is no official deadline to file AOS, but before the I-94 expires is reccomended, if possible

Okay that helps a lot!! Thank you. Is it possible for me to apply for my EAD and apply for my AOS later? My I94 doesnt expire until Sept 04 2009.

you can but it costs $340 and will expire 09/04/09 and take 60-90 days to process, so it is a waste of money and effort. If you apply with AOS then it will be a one year expiration and 60-90 days to process and is free (after teh $1010 AOS payment).

Wow, thank you, I had no idea. So then what we'll do is apply for our AOS in 2 weeks and send our EAD, AP and AOS package with 1010$ payment. How long will it be until I can officially work? And what I dont understand is, when I get a SSN card, will I have a permanent number? When do I get an SSN that doesnt expire? What will I have to do after the one year expiration date? Or is that when I get my green card? Sorry for all the questions, I'm just trying to understand all of this!

Cindy

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Filed: AOS (pnd) Country: Philippines
Timeline

hello

My i-94 expires before the biometrics appointment date, I was told that I need not file an extension as a tourist (I came in as a tourist in january and we got married in Feb) since me and my husband already filed AOS and I-130. I am concerned with my status, Dont I really need to file for an extension as a tourist? I called the USCIS support center and was told that its my discretion to file extension or not. Help please.

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Filed: Other Timeline

My visa expired over 8 years before I filed AOS. Nobody cares. What counts is that you entered the country legally; thereafter you can adjust status at any time.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Other Country: Honduras
Timeline

Misyel,

We had a similar situation. Hubby entered on a tourist visa, we married in Nov. Our plan was for him to go home in Jan and then to start the K-3 process, but immigration folks when he entered the US told us we'd be better off applying for AOS with him still in the US. So, we asked around, found a lawyer, and we finally sent our packet in in March (tourist visa was good until May). We had our residency interview in June. Just before hubby's visa expired, I called our lawyer to confirm that we didn't need to do anything to adjust/extend his visa while we waited for the residency interview. Lawyer said that because hubby had entered legally and because we'd filed the AOS paperwork before his visa expired, we were fine. Hubby's residency was approved in June and his residency card just arrived today.

I'm no immigration lawyer, but I think you should be fine. Best of luck to you!!

suzannyo

hello

My i-94 expires before the biometrics appointment date, I was told that I need not file an extension as a tourist (I came in as a tourist in january and we got married in Feb) since me and my husband already filed AOS and I-130. I am concerned with my status, Dont I really need to file for an extension as a tourist? I called the USCIS support center and was told that its my discretion to file extension or not. Help please.

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Filed: Citizen (apr) Country: Morocco
Timeline
My visa expired over 8 years before I filed AOS. Nobody cares. What counts is that you entered the country legally; thereafter you can adjust status at any time.

I think that's true (I'm sure someone will correct me if we're wrong about that). However, it's not recommended to wait for any length of time. First of all, your status is kind of vague and you could run into some problems if stopped for any reason (even if you're eventually let go, who wants to go through any hassle, really). Also, you just never know when there will be some kind of emergency where you need to return to your home country. I've read many stories on VJ of people who really wanted/needed to leave, but were very concerned because they didn't see how they could get back into the country. You don't want to put yourself in a position of a desire to go home for some pressing reason but worrying about facing a ban. And not to wish anything bad on anyone, but I also read about someone who didn't bother to file AOS and suddenly, after many years, facing an unexpected divorce. I don't remember the exact details, but he faced deportation and a ban - after having a whole new life here, and maybe even children.

So, bottom line - don't panic if you don't file within a certain number of days, but I strongly suggest you file as soon as you can. Not only does it preserve/protect your status, but also get you on the road to 'finishing' with USCIS, and gets one more thing off your mind. If you want to eventually become a citizen, remember that the sooner you get your green card, the sooner you're eligible to apply for citizenship. Oh, and you also could save money by not waiting until fees rise again or face extemely long processing time due to everyone trying to beat the fee increase - I'm sure I'm not the only one who remembers the backlog created with the last fee increase!

venusfire


met online May 2006

visited him in Morocco July 2006

K-1 petition sent late September 2006 after second visit

December 2006 - third trip - went for his visa interview (stood outside all day)

visa approved! arrived here together right before Christmas 2006

married January 2007

AOS paperwork sent February 2007

RFE (yipee)

another RFE (yikes)

AOS approval July 2007

sent Removal of Conditions paperwork 01 May 2009

received I-751 NOA 14 May 2009

received ASC appt. notice 28 May 2009

biometrics appt. 12 June 2009

I-751 approval date 25 Sept 2009 (no updates on the system - still says 'received'/"initial review")

19 Oct 2009 - got text message "card production ordered"

24 Oct 2009 - actual card in the mail box!

sent his N-400 - 14 May 2010

check cashed 27 May 2010

NOA received 29 May 2010 (dated 24 May)

Biometrics Appointment Letter received 17 June 2010

Biometrics scheduled for 08 July 2010; walk-in successfully done in Philadelphia 07 July 2010

02 Oct 2010 - FINALLY got email saying the case was being transferred to the local office. Hoping to get his interview letter soon...

05 Oct 2010 - received interview letter!!!!

08 November 2010 - scheduled for N-400 interview

- went together for interview; file isn't there - need to wait to be rescheduled

Jan 2011 - went for Infopass

25 Feb 2011 - interview

19 April 2011 - Infopass

8 July 2011 - HE'S FINALLY A CITIZEN - WOO HOOOOOO!!!!!!!!!!!!!!!

30 July 2011 - citizenship party

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Filed: Citizen (apr) Country: Morocco
Timeline
I was married June 21st 2009 and my visa expires July 22 2009. We are sending our package for the AOS this week but what is my deadline to send in the package for AOS. Is it July 22 2009?? Am I in trouble since I've waited?? We just got back from our honeymoon. Please help since I'm a little nervous now. :( Thank you!

Cindy

According to your profile, you came on a K-1. I just want to point out that your visa doesn't expire on July 22. It would expire then if you didn't use it (like a coupon). It was valid until you used it to get here, then it was basically useless. It would probably be more clear if they wrote something like "valid for one use any time before ___"

There is no actual (to my knowledge) deadline for filing AOS. Just make sure you do NOT leave the country until you get your Advance Parole letter or green card. You won't be allowed to come back unless you have one of those with you.

Congratulations on your marriage (and success getting the visa). I hope you enjoyed your honeymoon. Relax and bask in the memories of the honeymoon, and enjoy being a newlywed. Then when you're ready, you can start gathering everything you need to file for AOS (but the sooner, the better, really). Just think about all those honeymoon pictures you can use for AOS.

Best of luck.

venusfire


met online May 2006

visited him in Morocco July 2006

K-1 petition sent late September 2006 after second visit

December 2006 - third trip - went for his visa interview (stood outside all day)

visa approved! arrived here together right before Christmas 2006

married January 2007

AOS paperwork sent February 2007

RFE (yipee)

another RFE (yikes)

AOS approval July 2007

sent Removal of Conditions paperwork 01 May 2009

received I-751 NOA 14 May 2009

received ASC appt. notice 28 May 2009

biometrics appt. 12 June 2009

I-751 approval date 25 Sept 2009 (no updates on the system - still says 'received'/"initial review")

19 Oct 2009 - got text message "card production ordered"

24 Oct 2009 - actual card in the mail box!

sent his N-400 - 14 May 2010

check cashed 27 May 2010

NOA received 29 May 2010 (dated 24 May)

Biometrics Appointment Letter received 17 June 2010

Biometrics scheduled for 08 July 2010; walk-in successfully done in Philadelphia 07 July 2010

02 Oct 2010 - FINALLY got email saying the case was being transferred to the local office. Hoping to get his interview letter soon...

05 Oct 2010 - received interview letter!!!!

08 November 2010 - scheduled for N-400 interview

- went together for interview; file isn't there - need to wait to be rescheduled

Jan 2011 - went for Infopass

25 Feb 2011 - interview

19 April 2011 - Infopass

8 July 2011 - HE'S FINALLY A CITIZEN - WOO HOOOOOO!!!!!!!!!!!!!!!

30 July 2011 - citizenship party

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My visa expired over 8 years before I filed AOS. Nobody cares. What counts is that you entered the country legally; thereafter you can adjust status at any time.

Sadly, if that was only true for every case out there. You got lucky.

If your I-94 expires (which is what is granting you "authorized stay" in the US - not the visa), then you are subject to ICE problems, which could mean deportation.

They do not care you entered the US legally on a visa. They do not care if your married to an USC.

If you didn't get the NOA from the AOS, which puts your status as "applicant to adjust status", you have no protection from ICE, get that status, and your "safe". Do a search on this forum, you will see where people had issues for not filing the AOS on time.

I really do a "face palm" with people waiting for the filing of the AOS. I don't know why people want to wait, the cost is "known" prior to even getting to that step, so it shouldn't be an issue to do it. (I mention this because most people say "We really don't have the money to file for the AOS right now..."

It gives you status pass the I-94, AP, and EAD. You have everything to win when your file, and a lot to lose if you don't.

One more reason to file prior to the I-94 expiring is that after it does, if you go 180+ "out of status" prior to filing for the AOS, you cannot leave the US until you get the Greencard, and here is the stinger, even if you get issued the AP, you will be subject to a ban on return to the US.

(Remember - the visa gets you a chance to come into the US, the I-94 gives you the length of stay your allowed)


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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I was married June 21st 2009 and my visa expires July 22 2009. We are sending our package for the AOS this week but what is my deadline to send in the package for AOS. Is it July 22 2009?? Am I in trouble since I've waited?? We just got back from our honeymoon. Please help since I'm a little nervous now. :( Thank you!

Cindy

My opinion is that you need to do things that are needed in some order. You are get that K-1 visa to come to US and get married. You are do that before visa expired, you also have honeymoon and that is really ok. Now you can apply for AOS and for SSN (social security number). After all those stuff are done you will feel more relaxed and will not worry much. Process after that will go normally. After some time you will receive EAD and Advance parole so you will be able to work , to travel outside of USA and return safelly. For green card will be little more witing but you will beableto work and travel without fear.

So my advice is that you do stuffs in order just to predict any possible problemms and to enjoy in life with your soulmate.

All the best

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My visa expired over 8 years before I filed AOS. Nobody cares. What counts is that you entered the country legally; thereafter you can adjust status at any time.

That's pretty much true, as long as you don't leave the US. Once you overstay, and you leave, you may incur a ban to re-enter the US. Make sure you have the AOS NOA to show that you applied for AOS.

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The visa expiration date only tells you when the visa has to be used by. If you do not use it before that date, it becomes void. Once used, the visa is void. You can't re-use it, so the date doesn't matter.

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