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Gemma12nel Enthusiast

Gemma12nel   1

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted (edited)

As far as I know they make it pretty clear upon receiving the visa and entering the USA that you have to marry within 90 days,,,,,if I were you I would seek the advice of a lawyer. As far as the officials are concerned what could hold up getting married in 90days? Good luck.

Edited by Gemma12nel

The long and winding road,,,,,,

03/03/04 - I-129F received at VSC

08/03/04 - Date of NOA1

24/04/04 - Approval online email (46 day35 Business day

28/04/04 - Received NOA2 by mail

03/05/04 - NVC fowards petition to London Embassy

14/05/04 - Received Packet 3

26/05/04 - Received Packet 4

01/06/04 - Interview @ London Embassy

01/06/04 - WAS APPROVED FOR VISA!

02/06/04 - Passport inclusive of visa delivered

13/06/04 - Here in the US of A!

31/07/04 - Officially engaged!

28/08/04 - Married

30/08/04 - Filed AOS, EAD, sent via Fed-Ex

02/09/04 - Applied for SSN in married name

10/09/04 - SSN arrives

08/09/04 - NOA for EAD & AOS

30/09/04 - Biometics & Fingerprinting Appointment

10/11/04 - Received approval via email for EAD

13/11/04 - Very happily blessed in Florida with Family present - special day!

16/11/04 - EAD arrives in post

01/03/05 - Posted AP

24/03/05 - NOA1 of AP

20/05/05 - Advance Parole arrived

19/09/05 - Case transferred to CSC

08/11/05 - Approved for AOS at CSC

12/11/05 - Welcome to america letter arrives!

15/11/05 - Green Card Arrives

REMOVE CONDITIONS

07/08/07 - Applied to Vermont for 2 years conditions removed I-751

22/08/07 - Check cashed

23/08/07 - Received I-797 Notice of action in post

04/09/07 - NOA Date

02/10/07 - Biometrics

02/10/07 - Touched- checked at 6:45 PM

03/10/07 - Touched

28/03/08 - Received Email - 10 Year green card approved

CITIZENSHIP

11/08/08 - Sent N-400 application to become a citizen to VERMONT

16/08/08 - Cheque cashed by Vermont

18/08/08 - NOA1 N-400

17/09/08 - Biometrics

09/12/08 - Interview and oath taken at newark

DONE!

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scorpio232 Contributor

scorpio232   0

Posted
Filed: Timeline
Posted (edited)
:help::help: what happened if the petitioner and the fiancee married after the 90 days due to certain circumstances? can they still file for AOS if the marriage take place after the 90 days allowed for the fiancee. :help::help:

if you are now married and it is passed 90 days... the K-1 Visa is invalid..... BUT because you are now married... Just file the I -130 Petiton for Alien Relative, I-485 Ajustment of Status at the same time. You will be fine... But do not try to leave the U.S.... If you wish to leave the U.S.. Once you get your first Notice of Action on your AOS then file for Advance Parole with this you could leave and return to the U.S...

Its not that big of a deal... Just when you have your AOS interview in the next couple of years.. You can explain it all.. and hopfully you can prove your marriage is real.. you will be o.k. You did not enter the U.S illegally..... That is what is most important... even though you overstayed... On your visa.. I hope you asked for an extention ... If you did not... They will frown on that... But.. Because you are now husband and wife ... The K Visa does not matter anymore.... You are now under the I-130 and You are filing the AOS unter the conditions of the I-130 not the K-Visa... Hopefully, you already have the Work Visa.. if not then file that all at the same time with the I-130, I-485

Edited by scorpio232
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mizz Contributor

mizz   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

the fiancee enter the country through a K1 visa and they are not married yet but because of religious difficulties and process, the marriage may take place after the 90 days.if that's the case,can they still file AOS? does the fiancee would become legal if the marriage take place after the 90 days??

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Hilarious Clinton Grand Master

Hilarious Clinton   452

Posted
Filed: Lift. Cond. (apr) Country: Solomon Islands
 Timeline
Posted
I don't know if it helps or not in you situation, but you can always sign the marriage papers earlier and get married officially, and then have the big wedding party later on whenever it's easier to plan it.

Good idea. Have a small civil ceremony before 90 days and a big wedding later.

"The fact that we are here today to debate raising America’s debt limit is a sign of leadership failure. It is a sign that the U.S. Government can’t pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government’s reckless fiscal policies."

Senator Barack Obama
Senate Floor Speech on Public Debt
March 16, 2006



barack-cowboy-hat.jpg
90f.JPG

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eau_xplain Experienced

eau_xplain   2

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

I second Anastasia's suggestion that, if possible, have a small civil ceremony first and then have the bigger religious one later.

If you really cannot get married before the 90 days are up, then you will have to submit an I-130 together with the I-485 (as posted by scorpio). Getting married alone will not grant legal status the alien fiancee/spouse. The I-485 and I-130 applications will have to be submitted (along with other forms/docs) before the alien fiancee/spouse can be back in status again.

08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

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kc456 Proficient

kc456   0

Posted
Filed: AOS (apr) Country: Russia
 Timeline
Posted

Filing for AOS is the only way to get a legal status in this situation. Hopefully, that would not be a problem, but you get asked about it at the interview.

09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

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diadromous mermaid Experienced

diadromous mermaid   36

Posted
Filed: Timeline
Posted
Filing for AOS is the only way to get a legal status in this situation. Hopefully, that would not be a problem, but you get asked about it at the interview.

The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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kc456 Proficient

kc456   0

Posted
Filed: AOS (apr) Country: Russia
 Timeline
Posted

Filing for AOS is the only way to get a legal status in this situation. Hopefully, that would not be a problem, but you get asked about it at the interview.

The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States.

I guess I was incorrect then. But would not past-90 day adjustment considered an adjustment from an overstay? That was my thinking.

09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

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Peggy Experienced

Peggy   1

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted

Filing for AOS is the only way to get a legal status in this situation. Hopefully, that would not be a problem, but you get asked about it at the interview.

The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States.

I agree :yes:

PEGGY & ROGER

3dflagsdotcom_canad_2fawm.gif3dflagsdotcom_usa_2fawm.gif

K-1/K-2 VISA'S APPROVED IN MONTREAL MAY 2, 2005

K-1/K-2 AOS APPROVED IN ATLANTA MAY 17, 2006

10 year GC Approved - APRIL 16th ,2009 - Peggy and Jonathan's......

Still waiting for our cards...Had to file I-90 as they sent them to the wrong address.

March 9th, 2010, Received GC that has been lost in the mail for 10 months. Still waiting for my son's that is lost as well.

Filed Waiver for my son's 10 year GC and it was approved. He finally received his GC after its been missing for 2 years.

Thanking God this is over for 10 years.

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diadromous mermaid Experienced

diadromous mermaid   36

Posted
Filed: Timeline
Posted

Filing for AOS is the only way to get a legal status in this situation. Hopefully, that would not be a problem, but you get asked about it at the interview.

The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States.

I guess I was incorrect then. But would not past-90 day adjustment considered an adjustment from an overstay? That was my thinking.

As I see it (and I could be wrong) Adjustment is not the issue. The terms of the non-immigrant visa are at issue. The visa requires a legal marriage within 90 days or the visa is void. No visa, no basis for adjustment.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Collie Proficient

Collie   122

Posted
Filed: IR-5 Country: United Kingdom
 Timeline
Posted

Hi there,

You would be much safer marrying within the 90 days having a small ceremony then applying for your AOS.

My Husband and I did it this way while I was here on the vwp. We married at the court house and had a small marriage ceremony and are planning to have a much bigger and fancier wedding next year. :)

I-130 for both parents

March 28th 2013 - Priority date/ NOA 1
November 14th 2013 - Transferred to Nebraska Service Center

January 7th 2014 - Case changed online to approved for both

January 8th 2014 - case changed to shipped to NVC

January 9th 2014 - case changed to NOA 2 mailed

January 10th 2014 - Received the hardcopy of the NOA 2 stating that NVC would issue a case number in 30 days approx.

January 21st 2014 - Case Received at NVC

February 26th 2014 - Case numbers and IIN number received - Wrong embassy code assigned...now waiting for new case numbers.

March 3rd 2014 - Filled in DS-261 for both parents

March 5th 2014- AOS available, paid and submitted AOS packet.

March 6th 2014 - USPS shows packet was delivered at NVC

March 10th 2014 - AOS shows as paid in the CEAC portal/AOS logged into system as being received by NVC.

March 11th 2014 - New case number assigned for my Dad.

March 20th 2014 - Paid IV fee for my Mum.

March 25th 2014 - AOS accepted by NVC with no checklist.

March 26th 2014 - Filled in and submitted DS-260 for my Mum

March 31st 2014 - AOS found in my Mum's file for my Dad - accepted and placed into his file/IV fee available for my Dad and Paid.

April 1st - Mailed all civil documents to NVC for both parents.

April 3rd: IV fee shows as paid in portal/submitted DS-260 for my Dad.

April 22nd: checklist issued for civil documents - NVC error ...

April 23rd: sent another certified copy of my marriage certificate

April 24th: Case complete! :)

April 30th 2014 - Medical scheduled for parents at Knightsbridge in London

June 11th: Interview at London Embassy - Approved :)

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