Jump to content

4 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Italy
Timeline
Posted

I was wondering if there is a deadline for AOS. I mean, provided that two get married within 90 days after the non-USC has entered the US, do they also have to file for AOS within the same 90 days, or can this be done afterwards? In this case, what would be the status of the non-USC in between?

Filed: K-1 Visa Country: Philippines
Timeline
Posted

hello there!

it's been awhile now.. long story!

i need ur help pls.

i came here in u.s. under k1 visa january 28, 2009 and got married march 2009. haven't file aos yet but thinking of filing it this month (april 2010).

we moved to a different place 3 times in mo last year and moved up here in iowa (january 2010) cus hubby got a job here, but i didn't gvve the immigration any notice.

will it be a problem for us?

pls we need a quick response. thank u so much folks!

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
I was wondering if there is a deadline for AOS. I mean, provided that two get married within 90 days after the non-USC has entered the US, do they also have to file for AOS within the same 90 days, or can this be done afterwards? In this case, what would be the status of the non-USC in between?
(Jazz_acid, please start your own thread instead of hijacking someone else's.) OP, there is no "deadline" per se, but you want to file as soon as possible -- optimally within the 90 days (given that you're married), or certainly as a priority thereafter. You will be a "K-1 visa entrant" until then, and if you haven't filed for AOS, you risk being hassled (or worse) should a Federal agent cross trails with you. Furthermore, you would NOT want to travel anywhere within a 100-mile radius of either U.S. border, because CBP has checkpoints and zero sense of humor or fairness.

After you file for AOS, your status becomes "applicant for adjustment" or simply "adjustment applicant." After we filed but before the NOA1 came, I had my wife carry her passport, marriage certificate, and the copy of our cover letter to USCIS everywhere she went. Whenever we got an updated paper regarding anything, I had her carry that, too, until her green card came (a year ago yesterday, in fact). Why? You never know.

If you unwisely choose to delay filing for AOS until your I-94 has expired, avoid Federal agents at all costs!

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Citizen (apr) Country: Italy
Timeline
Posted

(Jazz_acid, please start your own thread instead of hijacking someone else's.) OP, there is no "deadline" per se, but you want to file as soon as possible -- optimally within the 90 days (given that you're married), or certainly as a priority thereafter. You will be a "K-1 visa entrant" until then, and if you haven't filed for AOS, you risk being hassled (or worse) should a Federal agent cross trails with you. Furthermore, you would NOT want to travel anywhere within a 100-mile radius of either U.S. border, because CBP has checkpoints and zero sense of humor or fairness.

After you file for AOS, your status becomes "applicant for adjustment" or simply "adjustment applicant." After we filed but before the NOA1 came, I had my wife carry her passport, marriage certificate, and the copy of our cover letter to USCIS everywhere she went. Whenever we got an updated paper regarding anything, I had her carry that, too, until her green card came (a year ago yesterday, in fact). Why? You never know.

If you unwisely choose to delay filing for AOS until your I-94 has expired, avoid Federal agents at all costs!

Thank you for your reply. We have planned to get married a week before the 90 days expire (we can't before that, both busy, need to plan the wedding, give time to family/friends to organize their travel, etc.). The problem is that the marriage certificate will take 2 weeks to be issued, therefore I wouldn't be able to apply to AOS within the 90 days. Of course I would do that first thing once I have all the documents, which would probably be 1 week after the 90-day deadline.

Otherwise, I was also thinking to send the AOS right away, even without the marriage certificate, within the 90 days. I'd surely get an RFE (which I would easily satisfy once the marriage certificate is ready), but at least I would do something to not go out of status, in case I get stopped at some checkpoint.

 
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...