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mad1nola

is fiance allowed to stay indefinitely, once AOS filed?

By mad1nola in K-1 Fiance(e) Visa Process & Procedures

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mad1nola Enthusiast

mad1nola   4

Posted
Filed: AOS (pnd) Country: Dominican Republic
 Timeline
Posted

I am not sure about something! After my fiance comes here and we marry and apply for AOS, EAD, and AP, does he have to return if his k-1 visa is expired before AOS is approved? Or does having petitioned for AOS allow him to stay? Not sure how this works.


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01/23/2012-Express Mailed I-129F
01/24/2012-Received @ Dallas Lockbox
01/28/2012-E-mail/Text for NOA1, hardcopy 02/02/2012
01/29/2012-Touched(file updated)
01/30/2012-Touched(file updated)
02/08/2012-E-mail/Text RFE, hardcopy 02/10/2012
02/22/2012-Mailed RFE response
02/24/2012-Touched(file updated), RFE Response Review
02/29/2012-NOA2 Approved E-mail/Text, hardcopy 03/20/2012
03/02/2012-Received at NVC
03/07/2012-Sent to Santo Domingo Embassy, Received notice 03/12/2012
04/12/2012-Picked up Packet 4 at SDO Embassy(Ugh!)
04/12/2012-Medical Done(Results to be sent to Embassy)
05/03/2012-Interview! APPROVED!
10/18/2012-Medical done AGAIN!!
11/17/2012-VISA FINALLY RECEIVED!
12/14/2012-Arrived in U.S., POE: Atlanta, Destination: California
01/01/2013-Became Mr&Mrs in Las Vegas!!!
02/04/2013-Express Mailed AOS/EAD/Travel Parole Applications to Chicago Lockbox
02/05/2013-Received @ Chicago Lockbox
02/11/2013- 3 E-mails/texts that applications were accepted and EAD/AP in Initial Review!!! Hardcopies received 02/20/2013. Biometrics 03/11/2013, done
03/19/2013-Text/E-mail that we are inline for interview!
03/22/2013-Text/E-mail that interview 04/26/2013, hardcopy 03/25/2013
04/01/2013-Text/E-mail EAD in production, AP name updated
04/04/2013-Another Text/E-mail EAD in production, mailed 04/05/2013, received 04/08/2013
04/26/2013-AOS interview....APPROVED...e-mails notifying card ordered, status of PR registered!!!!!

05/01/2013-E-mail card ordered in production, mailed 05/02/2013

05/07/2013-Received Green Card!!!!

didopage Experienced

didopage   337

Posted
Filed: Citizen (pnd) Country: France
 Timeline
Posted (edited)

I am not sure about something! After my fiance comes here and we marry and apply for AOS, EAD, and AP, does he have to return if his k-1 visa is expired before AOS is approved? Or does having petitioned for AOS allow him to stay? Not sure how this works.

No he can stay if you get married in the 90 days.

I remember wondering the same thing when I started the K-1 process. You can read my thread here: http://www.visajourney.com/forums/topic/328406-obliged-to-leave-the-us-after-90-days/

:)

Edited by didopage

K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

N M Enthusiast

N M   96

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

Yes, as long as you marry within 90 days of his arrival, filing for AOS allows him to stay. That's the very point of AOS - adjusting status to permanent residency.

Indeed, if he was to leave before AP is granted, he wouldn't be allowed back in to the U.S. for many, many months. You'd have to start from scratch and petition again, this time to bring him to the U.S. as your husband.

Edited by N M

11-24-2006 Annette and I meet in Rome

09-09-2008 Engaged!

01-30-2009 Fiance petition filed

03-22-2009 Fiance petition approved. Case moves to U.S. embassy in London

04-01-2009 Package received from U.S. embassy in London

06-01-2009 Visa Medical (London)

06-23-2009 K1 Visa Interview (London)

06-27-2009 Passport returned by embassy. K1 Visa received!!

07-04-2009 Fly to Denver (port of entry - Houston, TX)

07-25-2009 We are married (the joint happiest day of my life)

08-07-2009 Social Security number obtained

08-20-2009 AOS, Advanced Parole and Employment Authorization forms filed

09-24-2009 Biometrics appointment (Aurora, CO)

10-05-2009 Advanced Parole received

10-09-2009 Employment Authorization received

10-13-2009 Colorado Learner's permit obtained and driving test scheduled

10-21-2009 Driving test taken and passed

11-30-2009 Green Card Interview (Centennial, CO)

12-08-2009 Green Card received

01-04-2010 Employed

01-28-2011 Our daughter is born (the other happiest day of my life)!

11-21-2011 Filed for Removal of Conditions

12-28-2011 Biometrics appointment (Aurora, CO)

03-16-2012 Card production ordered

03-23-2012 Card received

09-04-2012 Application for Naturalization filed

10-05-2012 Biometrics appointment (Aurora, CO)

12-11-2012 Naturalization Interview (Centennial, CO)

pinoygwapo Explorer

pinoygwapo   1

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

Yes, as long as you marry within 90 days of his arrival, filing for AOS allows him to stay. That's the very point of AOS - adjusting status to permanent residency.

Indeed, if he was to leave before AP is granted, he wouldn't be allowed back in to the U.S. for many, many months. You'd have to start from scratch and petition again, this time to bring him to the U.S. as your husband.

I wondered the same thing, but this is exactly true!

Enigma11561 Proficient

Enigma11561   336

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

I am not sure about something! After my fiance comes here and we marry and apply for AOS, EAD, and AP, does he have to return if his k-1 visa is expired before AOS is approved? Or does having petitioned for AOS allow him to stay? Not sure how this works.

The K1 visa expired upon entry to the US. It is a one time use visa.

Upon entry you receive a I-94 in your passport. This is good for the ninety days in which to get married.

Once married, within the ninety days, the I94 is no longer needed as you are now married to a USC.

You then apply for your AOS.

 
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