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queenofharts

How long after my fiancee has to file AOS

By queenofharts in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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queenofharts Contributor

queenofharts   1

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

My fiancee arrived in usa may 4 but we are not getting married til july 16 this only leaves us 17 days until her visa is ended. Should i worried will i have even time to start the AOS proccess? She will not be deported if married right ?

I-129F Sent : 2010-10-20

I-129F NOA1 : 2010-10-22

I-129F RFE(s) : 2011-02-24

I-129F NOA2 : 2011-03-09

NVC Received : 2011-03-16

NVC Left : 2011-03-22

Packet 4 Received : 2011-03-25

Medical Exam : 2011-03-30 PASSED!

Interview Date : 2011-04-14 PASSED!

Visa received : 2011-04-26

CFO Stamp : 2011-05-02

Flight : 2011-05-04

Hello St. Louis 5:30 pm 2011-05-04 My Baby is home at last !

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Messybrownhair Experienced

Messybrownhair   251

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

Her k1 visa already ended when she entered the US. Her I-94 is what's expiring, and the only rule is that you marry within 90 days. Just file for AOS as soon as possible, but don't worry about the 90 day thing. :) Congrats on the wedding :)

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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tonylovesam Enthusiast

tonylovesam   8

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

Her k1 visa already ended when she entered the US. Her I-94 is what's expiring, and the only rule is that you marry within 90 days. Just file for AOS as soon as possible, but don't worry about the 90 day thing. :) Congrats on the wedding :)

Ah I see.. So, you mean, we can file for AOS after the marriage anytime even though the 90 days has ended? And even after 2 years of K1 holder arrival, we can file for AOS? Btw, can we file for AOS before marriage??-oh maybe NO. :unsure:

Sam's CRBA, US Passport, and SSN Journey

Nov. 2010: CRBA and US passport application sent(via Air21)

Dec. 08, 2010: Interview(DNA was recommended)

April 04, 2011: CRBA and US passport on hand

April 2011: SSN Application sent (mailed original docs thru 2GO)

April 29, 2011: SSN card on hand

My K1 Visa Journey

March 05, 2011: I-129F packet sent

March 14, 2011: NOA1

May 20, 2011: NOA2(approved in 67 days from NOA1, with no RFEs)

June 24, 2011: NVC received approved petition from USCIS

June 29, 2011: Approved original petition left NVC to US Embassy-Manila

July 15, 2011: Eligibility letter received from US Embassy-Manila(dated July 11, 2011)

October 26 - June 5, 2012: SLEC trap!!! (DOT tx to vaccine administration)

June 7, 2012: Interview (APPROVED!) :)

June 18, 2012: Visa picked up at the embassy

June 20, 2012: POE in Detroit

proud of my family

:)

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TBoneTX Grand Master

TBoneTX   43,059

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)
you mean, we can file for AOS after the marriage anytime even though the 90 days has ended?
Technically, yes, but after the 90 days, she'll be out of status, and you will NOT want to run into any CBP or ICE agents in the meantime.
And even after 2 years of K1 holder arrival, we can file for AOS?
Yes (along with an I-130), but she won't be able to work or to travel out of the U.S. during that time, and you risk encountering ICE agents who will NOT be impressed or understanding.
can we file for AOS before marriage?
Definitely not. File after you receive your marriage certificate (order multiple copies) and optimally within the 90 days of the I-94 validity, or just as soon as possible thereafter. Edited by TBoneTX

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(!).

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