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charlie&pam

Need some advice for no AOS yet almost 2 yrs. what should i do?

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hello to all...i just need some advice from u guys about very late processing AOS cos of my hubby on off at his job....since we dont have money to file AOS is there any posibility that when we file AOS over a yrs. am i in trouble?i just give birth last nov. and in feb. 23 i will be 2 yrs. here...thanks for the reply and GODBLESS


what would I do without the love you give me.

http://www.slide.com/r/OCQnah5Yvj-ae3fW-YNXizAEbWcGzFT1?previous_view=mscd_embedded_url&view=original

I-129F

09-18-09 I-129F sent Fed-Ex

09-21-09 package was signed for at service center

09-23-06 touched

09-26-09 received NOA1

12-18-09 touched!!!!

12-19-09 got the approval email and text !!!!!

12-21-09 touched!!!!

12-23-09 touched!!!!

12-23-09 received NOA2

12-24-09 NVC received approval!!!!!

01-05-10 NVC told me under Additional Processing!!!!!

01-11-10 NVC sent to manila!!!!!

01-15-10 Manila received DHL

01-20-10 Set interview dates for 02-08-2010

01-25-10 Medical - PASSED!!THANK GOD..

02-08-10 Interview- PASSED!!!! PRAISE GOD..

02-11-10 Received VISA!!!!!GOD IS GREAT..

02-23-10 Bye Phil.Welcome USA!!!Be with me GOD

flight Hawaiin Air leaves 7:50pm arrives 11:59pm in Phoenix!!!!

02-23-10 ARRIVED @ PHOENIX...yepeyyyy........

04-16-10 OUR WEDDING....

------------------------------------------------------------------------------

04-21-10 Applied SSN

04-28-10 SSN Recieved

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There's no requirements when to file as long as you marry within the 90 days, but they recommend you to do asap anyway since it'll benefit you first of all, you'll be able to work, drive, travel and gets you to remove conditions and all those things! I'd recommend you to save up for it and get it all over with as soon as you can.


K1 Timeline
03/08/10 - I-129F packet sent to VSC
07/07/10 - Interview Date - APPROVED!
10/28/10 - POE @ Chicago
11/21/10 - Marriage

AOS, AP, EAD.
01/18/11 - AOS, AP, EAD packet sent
03/07/2011 - Biometrics appointment
03/29/2011 - AOS, AP and EAD approved (After 2.5 months)
04/04/2011 - Green card in hand[/size]

ROC
02/12/2013 - ROC packet sent
02/21/2013 - NOA1 Received
03/09/2013 - Biometrics appointment
06/19/2013 - ROC APPROVED!

N-400 Naturalization

06/20/2014 - N-400 Packet sent

07/15/2014 - Check Cashedarrow-10x10.png

08/04/2014 - Biometrics

02/19/2015 - Interview

03/26/2015 - Oath Ceremony
event.png



event.png

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since i dont have it yet cant do nothing.....now im full housewife and mother....but i want to visit back home someday....i hope we can start to file but i guess not yet coz of my hubby not working....


what would I do without the love you give me.

http://www.slide.com/r/OCQnah5Yvj-ae3fW-YNXizAEbWcGzFT1?previous_view=mscd_embedded_url&view=original

I-129F

09-18-09 I-129F sent Fed-Ex

09-21-09 package was signed for at service center

09-23-06 touched

09-26-09 received NOA1

12-18-09 touched!!!!

12-19-09 got the approval email and text !!!!!

12-21-09 touched!!!!

12-23-09 touched!!!!

12-23-09 received NOA2

12-24-09 NVC received approval!!!!!

01-05-10 NVC told me under Additional Processing!!!!!

01-11-10 NVC sent to manila!!!!!

01-15-10 Manila received DHL

01-20-10 Set interview dates for 02-08-2010

01-25-10 Medical - PASSED!!THANK GOD..

02-08-10 Interview- PASSED!!!! PRAISE GOD..

02-11-10 Received VISA!!!!!GOD IS GREAT..

02-23-10 Bye Phil.Welcome USA!!!Be with me GOD

flight Hawaiin Air leaves 7:50pm arrives 11:59pm in Phoenix!!!!

02-23-10 ARRIVED @ PHOENIX...yepeyyyy........

04-16-10 OUR WEDDING....

------------------------------------------------------------------------------

04-21-10 Applied SSN

04-28-10 SSN Recieved

flag.png

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You could wait until you've been married for 2 years, then file i-130 and i-485. If approved, you'll receive a 10 year greencard based on being married for more than two years prior to filing. That means no ROC.

If you choose to file AOS now, then you won't need the i-130 but you'll need to ROC in two years.


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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You could wait until you've been married for 2 years, then file i-130 and i-485. If approved, you'll receive a 10 year greencard based on being married for more than two years prior to filing. That means no ROC.

If you choose to file AOS now, then you won't need the i-130 but you'll need to ROC in two years.

What is ROC, just curious!


AOS (from K1 Visa)

December 06, 2011 – Married

December 23, 2011 - Sent packet (I-485, I-765, I-131 & G-1145) to Chicago Lockbox

December 27, 2011 - USCIS - Received packet

January 06, 2012 - Received receipt notice NOA

January 14, 2012 - Received Biometrics appt letter

January 27, 2012 - Biometric appointment in Phoenix @ 9 am for I-485 & I-765

February 24, 2012 - Email received from USCIS they mailed RFE for I-485

February 29, 2012 - Received RFE for I-485 in the mail.

March 26, 2012 - Sent requested evidence (transcript 2010)

April 02, 2012 - Email notification that NBC received documents

April 10, 2012 - Received email that Travel Document was approved

April 10, 2012 - Received email that EAD was in production

April 13, 2012 - Received 2nd email that EAD was in production

April 16, 2012 - Received email that EAD was mailed

April 17, 2012 - Received email that NBC interview scheduled for May 18, 2012

April 18, 2012 - Received EAD/Travel Card in the mail

May 18, 2012 - Interview at Phoenix USCIS office

August 07, 2012 - I-485 approved

August 07 & 09 - Received email/texts from USCIS

August 15, 2012 - Received Green Cards in the mail

an1cJZC0g410810MTAwNjA3c3w1OTgwMzk3c2F8RGF5cyBNYXJyaWVk.gif

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Removal of Conditions.

Thank you !good.gif


AOS (from K1 Visa)

December 06, 2011 – Married

December 23, 2011 - Sent packet (I-485, I-765, I-131 & G-1145) to Chicago Lockbox

December 27, 2011 - USCIS - Received packet

January 06, 2012 - Received receipt notice NOA

January 14, 2012 - Received Biometrics appt letter

January 27, 2012 - Biometric appointment in Phoenix @ 9 am for I-485 & I-765

February 24, 2012 - Email received from USCIS they mailed RFE for I-485

February 29, 2012 - Received RFE for I-485 in the mail.

March 26, 2012 - Sent requested evidence (transcript 2010)

April 02, 2012 - Email notification that NBC received documents

April 10, 2012 - Received email that Travel Document was approved

April 10, 2012 - Received email that EAD was in production

April 13, 2012 - Received 2nd email that EAD was in production

April 16, 2012 - Received email that EAD was mailed

April 17, 2012 - Received email that NBC interview scheduled for May 18, 2012

April 18, 2012 - Received EAD/Travel Card in the mail

May 18, 2012 - Interview at Phoenix USCIS office

August 07, 2012 - I-485 approved

August 07 & 09 - Received email/texts from USCIS

August 15, 2012 - Received Green Cards in the mail

an1cJZC0g410810MTAwNjA3c3w1OTgwMzk3c2F8RGF5cyBNYXJyaWVk.gif

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You could wait until you've been married for 2 years, then file i-130 and i-485. If approved, you'll receive a 10 year greencard based on being married for more than two years prior to filing. That means no ROC.

If you choose to file AOS now, then you won't need the i-130 but you'll need to ROC in two years.

As long as they married within 90 days of entry on the K-1, they will not need to file an I-130 to adjust status. The I-485 alone will suffice.

If they did not marry within the 90 days, they would need to file an I-130 concurrently with the I-485. But after two years, that would be the least of their problems.


Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

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As long as they married within 90 days of entry on the K-1, they will not need to file an I-130 to adjust status. The I-485 alone will suffice.

If they did not marry within the 90 days, they would need to file an I-130 concurrently with the I-485. But after two years, that would be the least of their problems.

They married within 90 days according to their timeline.

It hasn't got anything to do with the K1 if they file after 2 years of being married when the beneficiary married the original petitioner. It's almost 2 years of marriage and filing i-130 and i-485 it's based on being married for two years. There's nothing wrong with that, it's just less expensive, and it's not based on an approved i129f. It still requires a new medical either way.

Someone is more than welcome to jump in with a response on this one.


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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They married within 90 days according to their timeline.

Okay. So far, so good.

It hasn't got anything to do with the K1 if they file after 2 years of being married when the beneficiary married the original petitioner.

I'm afraid that's not accurate. The K-1 does not carry any time limit for adjustment of status. The only limitation is that the beneficiary must marry the original petitioner within 90 days of entry.

Don't take my word for it. Here's what the I-485 instructions have to say about it:

Who May File Form I-485?

3. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

A.
You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry.

It's almost 2 years of marriage and filing i-130 and i-485 it's based on being married for two years. There's nothing wrong with that, it's just less expensive, and it's not based on an approved i129f.

As long as the beneficiary married the petitioner within 90 days of entry on the K-1, AOS is still based on the K-1 status. There are only two reasons why someone who entered on a K-1 would need to file an I-130 along with their I-485 (assuming they didn't lose K-1 status by leaving prior to AOS without advance parole):

  1. The beneficiary married the petitioner, but outside of the 90 days
  2. The beneficiary married a U.S. citizen, but someone other than the petitioner who filed the I-129F on the beneficiary's behalf

It still requires a new medical either way.

This is true, since the K-1 medical is only valid for 6 months to a year.

Edited by Stephen + Elisha

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

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Moomin posted some links on another thread that helped me to see the point that was being made. According to the Immigration and Nationality Act, a K-1 can only adjust to conditional permanent resident status. If the OP's been married two years, they're better off filing an I-130 with their I-485 because:

  1. Even if the I-485 is approved, they'll still get a 2-year GC and have to spend the extra money to remove conditions 2 years later
  2. USCIS may deny the I-485 because one part of the INA says that an alien married to a USC for 2 years or more must adjust to unconditional PR status, but the INA says elsewhere that K-1 status can only be adjusted to conditional PR status.


Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

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Yes, and the 3rd reason is avoiding ROC by filing the i-130 at the same time, being an immediate relative(spouse) of a US citizen. OP doesn't have to do that and the way you describe it is logical. However it's not just a one way street right now for OP if they file after being married for 2 years. You highlighted 3 A of the instructions but left out 2 A on i-485 instructions, and 1 A on the i-130 instructions.

I'm not saying you're wrong. : ) Just that there's a 3rd option.


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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Moomin posted some links on another thread that helped me to see the point that was being made. According to the Immigration and Nationality Act, a K-1 can only adjust to conditional permanent resident status. If the OP's been married two years, they're better off filing an I-130 with their I-485 because:

  1. Even if the I-485 is approved, they'll still get a 2-year GC and have to spend the extra money to remove conditions 2 years later
  2. USCIS may deny the I-485 because one part of the INA says that an alien married to a USC for 2 years or more must adjust to unconditional PR status, but the INA says elsewhere that K-1 status can only be adjusted to conditional PR status.

Precisely - it's playing it safe and avoiding the 600-and-something dollars to ROC after 2 years. It'll cost a wee bit more to adjust status and file i-130 but in the long run, it's probably worth it and not having to ROC and deal with USCIS again. As long as it's files after 2 years of being married and it's to the original petitioner.


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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Thanks for pointing me in the right direction, moomin. Not only is there a third option, but due to the conflict in the INA regarding AOS for K-1s and 2-year marriage to a USC it sounds like I-130 with the I-485 is the best option. Avoid ROC, avoid possible denial due to the conflicting provisions in the INA.


Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

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You could wait until you've been married for 2 years, then file i-130 and i-485. If approved, you'll receive a 10 year greencard based on being married for more than two years prior to filing. That means no ROC.

If you choose to file AOS now, then you won't need the i-130 but you'll need to ROC in two years.

so u mean it is ok to file late AND THERE IS NO TROUBLE??our 2 yrs. anniversary april 16...how much we gonna cost to file this since i didnt file the ROC?


what would I do without the love you give me.

http://www.slide.com/r/OCQnah5Yvj-ae3fW-YNXizAEbWcGzFT1?previous_view=mscd_embedded_url&view=original

I-129F

09-18-09 I-129F sent Fed-Ex

09-21-09 package was signed for at service center

09-23-06 touched

09-26-09 received NOA1

12-18-09 touched!!!!

12-19-09 got the approval email and text !!!!!

12-21-09 touched!!!!

12-23-09 touched!!!!

12-23-09 received NOA2

12-24-09 NVC received approval!!!!!

01-05-10 NVC told me under Additional Processing!!!!!

01-11-10 NVC sent to manila!!!!!

01-15-10 Manila received DHL

01-20-10 Set interview dates for 02-08-2010

01-25-10 Medical - PASSED!!THANK GOD..

02-08-10 Interview- PASSED!!!! PRAISE GOD..

02-11-10 Received VISA!!!!!GOD IS GREAT..

02-23-10 Bye Phil.Welcome USA!!!Be with me GOD

flight Hawaiin Air leaves 7:50pm arrives 11:59pm in Phoenix!!!!

02-23-10 ARRIVED @ PHOENIX...yepeyyyy........

04-16-10 OUR WEDDING....

------------------------------------------------------------------------------

04-21-10 Applied SSN

04-28-10 SSN Recieved

flag.png

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