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Filed: K-1 Visa Country: Philippines
Timeline

hey guys, good day to all of you..i was wondering if you anyone can answer my questions..my fiance arrived here on sept. 2010 and we got married the following month..i was gonna file for her AOS when the company that i am working for started to cut some hours..so until now i haven't filed for her AOS yet due to our financial situation..i was wondering if her status would be affected if dont file it right away..am i late to file?..is there and consequences for not filing right away after marriage?..please help me guys..i am really worried about my wife's status..thanks for any future responses..

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since you guys got married within the 90 days, you are ok. Just file as soon as practical. There is no real timeline when you have to file for adjustment of status. You could have waited until the 89th day to marry and they dont expect you to file for AOS the next day.


For our Full timeline

event.png

Removal of conditions Journey

16 March 2012 Sent I-751 package from Aviano AB, Italy.

29 March 2012 Received everything back...wrong fee. thought we didn't have to pay biometrics since we were sending fingerprint cards and passport photos.

30 March 2012 Sent everything out again from Aviano AB, Italy.

10 April 2012 Check cashed

17 April 2012 Received NOA1 dated 6 April.

06 Dec 2012 Received 10 yr green card. Letter said it was approved 28 November 2012.

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How about getting a co-sponsor?


My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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Filed: K-1 Visa Country: Vietnam
Timeline

hey guys, good day to all of you..i was wondering if you anyone can answer my questions..my fiance arrived here on sept. 2010 and we got married the following month..i was gonna file for her AOS when the company that i am working for started to cut some hours..so until now i haven't filed for her AOS yet due to our financial situation..i was wondering if her status would be affected if dont file it right away..am i late to file?..is there and consequences for not filing right away after marriage?..please help me guys..i am really worried about my wife's status..thanks for any future responses..

The consequences are that she's out of status. In practical terms, this doesn't really mean much. Obviously, she can't work or do anything else that requires proof of lawful presence, which probably includes getting a drivers license or enrolling in many publicly funded colleges and universities. If you have an encounter with any immigration officers then she could get jacked around for being out of status, but the chances of actually being placed in removal proceedings is extremely remote. It's DHS policy not to try to deport someone who is clearly eligible to adjust status.

You got married within the 90 days, so she's eligible to adjust status based on the K1. It won't make any difference if she's out of status at the time you send the AOS application. She's an immediate relative of a US citizen, so her status will not be relevant. Just don't wait too long because her life is effectively on hold until you get this done.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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How about getting a co-sponsor?

The OP was talking about adjustment of status not affidavit of support. Dang acronyms will get you everytime ;)

The OP could borrow money, but that still doesn't help with the cutting of the work hours.

Edited by Scott and Mhay

For our Full timeline

event.png

Removal of conditions Journey

16 March 2012 Sent I-751 package from Aviano AB, Italy.

29 March 2012 Received everything back...wrong fee. thought we didn't have to pay biometrics since we were sending fingerprint cards and passport photos.

30 March 2012 Sent everything out again from Aviano AB, Italy.

10 April 2012 Check cashed

17 April 2012 Received NOA1 dated 6 April.

06 Dec 2012 Received 10 yr green card. Letter said it was approved 28 November 2012.

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The OP was talking about adjustment of status not affidavit of support. Dang acronyms will get you everytime ;)

The OP could borrow money, but that still doesn't help with the cutting of the work hours.

Getting a co-sponsor is good advice. Borrowing money is too. Once your wife gets an EAD, she can get a job to help out (even part time).


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Country:
Timeline
The OP was talking about adjustment of status not affidavit of support. Dang acronyms will get you everytime ;)

The OP could borrow money, but that still doesn't help with the cutting of the work hours.

Well, one could surmise that AOS(Affidavit of Support) needed to file AOS (Adjustment of Status) is the issue as they need sufficient income for both paying the fees and proving-up not becoming a public charge.

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hey guys, good day to all of you..i was wondering if you anyone can answer my questions..my fiance arrived here on sept. 2010 and we got married the following month..i was gonna file for her AOS when the company that i am working for started to cut some hours..so until now i haven't filed for her AOS yet due to our financial situation..i was wondering if her status would be affected if dont file it right away..am i late to file?..is there and consequences for not filing right away after marriage?..please help me guys..i am really worried about my wife's status..thanks for any future responses..

Hi I guess were on same track...lol! I was here March 2010 and got married with my hubby 2 months after...due to his problems at work same as yours cut hours at work he only bring money at home less as what he used to have...because of that it took as many months to file my AOS which was the end of November that day filing fees increase :( ...but still thankful that it only cost $60 more than before...your wife is fine, though she's out of status but she can legally go anywhere as long as inside the US (but make sure she always bring her passport with her) wherever I go I carry it coz they doubt my age.lol! but she can't work not until she will have her EAD which I am waiting for now...so next week I will be having my biometrics :D dont worry everything is fine...but still hoping I will receive my work permit next month so I can change my SSN in my hubby's last name and can get my state ID...goodluck to you and your wife :)

GOD BLESS :D

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Well, one could surmise that AOS(Affidavit of Support) needed to file AOS (Adjustment of Status) is the issue as they need sufficient income for both paying the fees and proving-up not becoming a public charge.

Yep I know. I wasn't saying the individual was wrong recommending a co-sponsor. I just assume that the OP's hours werent cut enough to bring them below the poverty line...but I guess that could depending on how much the cut was. Of course it's bad to assume...because you know why. Hopefully they can get it all figured out.


For our Full timeline

event.png

Removal of conditions Journey

16 March 2012 Sent I-751 package from Aviano AB, Italy.

29 March 2012 Received everything back...wrong fee. thought we didn't have to pay biometrics since we were sending fingerprint cards and passport photos.

30 March 2012 Sent everything out again from Aviano AB, Italy.

10 April 2012 Check cashed

17 April 2012 Received NOA1 dated 6 April.

06 Dec 2012 Received 10 yr green card. Letter said it was approved 28 November 2012.

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