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Arabella

Anyone have experience with filing for AOS after the 90 days?

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Filed: K-1 Visa Country: Canada
Timeline

Hi Guys!

Sean and I are getting married on April 29th, and his 90 days expires on May 2nd. I know that he will technically be out of status if the AOS papers are received after the May 2nd expiration date. Since he is Canadian and is allowed to be here for up to 6 months, is this really a big deal?

Anyone have any experience with filing after the 90 days are up?

Thanks!


02.09.2007- Met online (EverQuest 2)

07.11.2008- Met in person (Orlando)

02.14.2009- Got engaged (Toronto)

K-1

03.13.2009- NOA 1

08.24.2009- NOA 2

11.20.2009- Montreal Interview Approved!!

02.01.2010- POE @ Lewiston Bridge

02.25.2010- Applied for SS#

04.29.2010- Beach Wedding!!

AOS

05.27.2010- NOA 1 for I-131, I-485 & I-765

06.18.2010- I-485 transferred to CSC

06.21.2010- Biometrics

07.22.2010- EAD & AP approved

10.28.2010- RFE for I-485- They lost our medical!

12.09.2010- Green Card in hand!

ROC

09.14.2012- Mailed I-751 to VSC

10.26.2012- Biometrics

04.11.2013- 10 Year Green Card approved! No interview :)

8zs8cuv3suq7.png

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Filed: Citizen (apr) Country: Canada
Timeline

Correct me if I'm wrong - you have to marry with 90s days for your K1 restrictions but you have to file your AOS within 6 months I thought?

Someone correct me if I'm wrong


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

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Filed: K-1 Visa Country: Canada
Timeline

Correct me if I'm wrong - you have to marry with 90s days for your K1 restrictions but you have to file your AOS within 6 months I thought?

Someone correct me if I'm wrong

Thanks for the replies guys.

I am curious as to the answer to Udella's question. How long do I have to file AOS after we get married? Obviously I'll do it ASAP, but I just want to know if I have some flexibility here.


02.09.2007- Met online (EverQuest 2)

07.11.2008- Met in person (Orlando)

02.14.2009- Got engaged (Toronto)

K-1

03.13.2009- NOA 1

08.24.2009- NOA 2

11.20.2009- Montreal Interview Approved!!

02.01.2010- POE @ Lewiston Bridge

02.25.2010- Applied for SS#

04.29.2010- Beach Wedding!!

AOS

05.27.2010- NOA 1 for I-131, I-485 & I-765

06.18.2010- I-485 transferred to CSC

06.21.2010- Biometrics

07.22.2010- EAD & AP approved

10.28.2010- RFE for I-485- They lost our medical!

12.09.2010- Green Card in hand!

ROC

09.14.2012- Mailed I-751 to VSC

10.26.2012- Biometrics

04.11.2013- 10 Year Green Card approved! No interview :)

8zs8cuv3suq7.png

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Filed: Citizen (apr) Country: Canada
Timeline

Thanks for the replies guys.

I am curious as to the answer to Udella's question. How long do I have to file AOS after we get married? Obviously I'll do it ASAP, but I just want to know if I have some flexibility here.

Someone in the AOS forum will tell you pretty quickly - try there


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

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Filed: Lift. Cond. (apr) Country: India
Timeline

There's no deadline as such but it is best to do it ASAP--preferably before the I-94 expires.


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

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I would think that it is better before the I-94 expires, however, you do have a legal right to wait until that 90th day to get married, and so it stands to reason that AOS would be done after the expiration date. Just get as much info as you can for that now, so that after you get married, you'll just need the final touches; marriage license, etc.

You will be MUCH better off making sure the actual marriage took place before the I-94 expires, than when you filed AOS. I'm sure they compare dates with everything.


K-1 timeline

Sent I-129f Dec. 29, 2008

Received NOA Jan. 10, 2009

NOA2 email sent April 16, 2009, APPROVED

Interview in Vancouver, June 23, 2009 APPROVED!!!!!!!!!!

Wedding, September 19, 2009, South Carolina!!

AOS

Mailed package to Chicago, Oct. 22, 2009

NOA hard copies Nov. 3, 2009

RFE Nov. 17, 2009

Finally mailed back RFE December 15, 2009

Case transferred to CSC January 7th 2010girlfreuya.gif

EAD and AP Approved, cards sent January 8th, 2010!!

AOS approved February 9th 2010 smiley-happy093.gif

Welcome letter and GC received February 16th, 2010

Done with USCIS until 11/08/11

ROC

Sent 1-751 to Vermont Service Center November 18th 2011

NOA November 23, 2011

Biometrics December 23, 2011

RFE Dated Aug. 17; received Aug. 20th

mailed off RFE end of Oct.

Received Email stating card has been ordered Dec. 4

Received Email stating card should arrive within seven days; Dec 6

GLITTER.jpg

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Filed: Other Timeline

Due to a black hole in the written law, there is no requirement to file for AOS at all. Read that sentence twice.

The requirement of the K-1 was to get married to the petitioning spouse within the allotted 90-days time frame. Now you can take all the time you want, yet I agree with anybody who would strongly suggest to file within the realm of the I-94. Know, however, that nothing bad is happening to you or your spouse if you file later, even years later.

You can't work, you can't get a SSC, you can't travel internationally, but you are legal in the US, as you met the requirements of your particular visa.


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: Citizen (apr) Country: Canada
Timeline

This is a source of great debate in the AOS forum. I've read tons of threads over there where this simple question turns into a huge argument between a bunch of know it all senior members. Basically, the general consensus is that there is really no legal consequences of filling AOS after the I-94 is expired, and technically there is no time frame you need to file AOS in. You can do it in 3 days, 3 weeks, 3 months, 3 years, 30 years, you still met the requirements of the visa- which was marriage within the 90 days. The problem is that until he files AOS, there is no evidence he is in the US legally. As far as getting a license, getting a job, and really starting his life in the US- the sooner he has evidence of status the better for him.

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Filed: Citizen (apr) Country: Canada
Timeline

This is a source of great debate in the AOS forum. I've read tons of threads over there where this simple question turns into a huge argument between a bunch of know it all senior members. Basically, the general consensus is that there is really no legal consequences of filling AOS after the I-94 is expired, and technically there is no time frame you need to file AOS in. You can do it in 3 days, 3 weeks, 3 months, 3 years, 30 years, you still met the requirements of the visa- which was marriage within the 90 days. The problem is that until he files AOS, there is no evidence he is in the US legally. As far as getting a license, getting a job, and really starting his life in the US- the sooner he has evidence of status the better for him.

very nicely summed up


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

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Filed: Other Timeline

I agree. Now give that member a + rating as a reward. I did.


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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