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Filed: Citizen (pnd) Country: Cuba
Timeline

I brought my fiance with a K1 visa (fiance). His 90 days expired January 19th and since he was having a hard time adjusting to the new life and the relationship was very rocky with constant fights and arguments, I decided not to get married. However, we worked things out and we decided to get married last Friday. Now, is the AOS process different or the same as if we had gotten married within the 90 days?

I have trying to contact USCIS to tell me what forms to complete and to ask this question...but it is impossible to speak to a representative, just the automated system. Does anyone knows?

He is dying to start working and obtain a driver's license. Any advice on this issue will be highly appreciated.

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

No.

He can no longer apply for AOS from his K-1.

He can however apply for AOS as an immediate relative of a USC.

I believe there are some extra forms and $ involved in this process.

Good luck! Glad things worked out for you both!

Edited by sachinky

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

event.png

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Filed: Citizen (apr) Country: Canada
Timeline

At this point you will need to do all the normal AOS forms plus the I-130 (petition for a spouse) to adjust, as you were over the 90 days. The cost is an extra $355.


~*~*~Steph and Wes~*~*~
Married: 2010-01-20

ROC: (for the complete timeline click on my timeline button, the signature was getting too long!)
I-751 Sent: 2015-05-22
NOA1 Notice Date: 2015-05-27
NOA1 Received: 2015-06-06
Biometrics Notice Date: 2015-06-27
Biometrics Date: 2015-07-17

Interview Notice Date: 2015-07-28

Interview Date: ​2015-09-01
Approval Date:
Approval Notice Date:


hdh1crofujrxk.png

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Filed: Citizen (apr) Country: Australia
Timeline

You may want to prepare yourself to explain to USCIS why you did not mary within the ninety day period, because that was the specific term of the visa. They are going to ask that if you get an interview.


Married February 20, 2010

Permanent Resident April 22, 2010

Naturalized Citizen January 14, 2014

Proud Dual Citizen of Australia and the USA!

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The process isn't just different - it is a whole new process. Its good you guys worked things out - follow the guide (below) for best results.

This would be the Guide you'd need to follow now. HERE

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Filed: Country:
Timeline
He can no longer apply for AOS from his K-1.

He can however apply for AOS as an immediate relative of a USC.

Wait... I thought there is specifically a condition of the K-1 that the beneficiary can only adjust status based on marriage to the original petitioner within the 90 day window.

If my understanding is correct then he must leave the US and they have to start at the beginning of the CR-1 process...

Edited by Bob 4 Anna

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Filed: Citizen (pnd) Country: Cuba
Timeline

Wait... I thought there is specifically a condition of the K-1 that the beneficiary can only adjust status based on marriage to the original petitioner within the 90 day window.

If my understanding is correct then he must leave the US and they have to start at the beginning of the CR-1 process...

But I am the original petitioner....its just that we married after the 90 days...

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

Not at all, Bob4Anna.

He will simply now adjust his status as an immediate relative of a USC. Just like AOS from B-2 or F-1.

This involves the use of the I-130 which wouldn't have been necessary if they'd gotten married before the 90 days were up.


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

event.png

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Filed: Country:
Timeline

But I am the original petitioner....its just that we married after the 90 days...

Yeah but the you failed to get married within the 90 days therefore you didn't comply with the terms of the Visa any more than someone who marries a different person within the 90 days.

BTW, he's approaching 3 months of illegal presence so he's about 1/2 way to a 3 year entry ban. Maybe a quick phone call to an immigration attorney would be worth the 30 minutes.

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

Read the guides. And follow it.

Good luck! :thumbs:


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

event.png

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Yeah but the you failed to get married within the 90 days therefore you didn't comply with the terms of the Visa any more than someone who marries a different person within the 90 days.

Kind of irrelevant - they'd simply need to follow the spousal process (outlined in the guides for couples who are both in the US). They do not need to leave the country and start a CR-1; in fact, they should NOT leave.

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Filed: Country:
Timeline
Not at all, Bob4Anna.

He will simply now adjust his status as an immediate relative of a USC. Just like AOS from B-2 or F-1.

This involves the use of the I-130 which wouldn't have been necessary if they'd gotten married before the 90 days were up.

I'm not saying that I know for sure either way, just what I understood the requirement to be. Granted his entry was legal but it was with a very specific set of conditions placed on his ability to adjust status. If you enter on a B-2 Visa and it has an annotation that says something like "AOS Prohibited" then it would be foolish to attempt to adjust from that entry.

By the logic above he could have married someone else after the 90 days and adjusted status using the I-130 plus AOS packet but again that is in violation if the terms of his Visa which state that is ability to adjust status is limited to one option: via the K-1 through marriage to his original petitioner within 90 days.

Personally I would seek the advice of a competent immigration attorney before proceeding especially as the illegal presence is already piling-up.

To me this is just another scenario where caution would better serve all parties involved...

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

He should be fine since he did marry his ORIGINAL USC petitioner.

If he married within the 90 days, he'd adjust off his K-1 entry.

Now he will adjust as a spouse of a USC.

Plenty of cases right here on VJ to read about.

You can always consult with a lawyer to put your mind at ease.

Do NOT leave the country. There is no need to.


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

event.png

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