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Posted

Hi I need help my fiance enter the Us in Aug we didn't have the money to send the papers work so we are going to send them in January will we have any problems or something or do we have to pay extra

Depends - what state are you in?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

You complied with the visa requirements once you married within 90 days but its important to protect your fiance's status as well so submit the AOS application as soon as you are able. That being said, many have waited months and even years to adjust their status after marriage on a K-1 and did so successfully. January is just around the corner. Good luck!

Posted

You said your fiance - I'm assuming you mean your then-fiance, now-spouse? If so, your spouse should be fine though they are technically out of status once the I-94 expires and thus can be detained, though it's unlikely.

If you didn't marry within the 90 days, you can't adjust based on the K-1 and need to file the I-130 with the I-485.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Filed: K-1 Visa Country: Mexico
Timeline
Posted

As long as you married within 90 days of your fiance's arrival you should be fine, just apply for AOS as soon as you can. You won't have to pay extra unless your medical is more than a year old when you file AOS.

we did get married so we will send the documents as soon as possible thanks for your help

Depends - what state are you in?

Illinois

Posted

we did get married so we will send the documents as soon as possible thanks for your help

Illinois

Ok - I haven't seen that state cracking down on immigrants, unlike Alabama and Arizona/Texas.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
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