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K-1 / Adjustment of Status & EAD Help

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Filed: Timeline

I married my fiance' within the 90 day limit of her arrival. However, we have not yet submitted our application for an adjustment of status & EAD (filing concurrently). It is past the 90 day limit (Sept 22) of when we were to marry - will this have any ramifications on the adjustment of status? Anotherwords...Is there a time limit to apply - without penalty - for the AOS/EAD?

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Filed: K-1 Visa Country: Canada
Timeline

Even though, technically, you should apply for AOS within the validity of the I-94, many couples here on VJ did not manage to get it done in time and had no problems with their AOS approvals.

Just try to get the paperwork in as soon as you possibly can, because you are actually out of status at the moment.


"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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I married my fiance' within the 90 day limit of her arrival. However, we have not yet submitted our application for an adjustment of status & EAD (filing concurrently). It is past the 90 day limit (Sept 22) of when we were to marry - will this have any ramifications on the adjustment of status? Anotherwords...Is there a time limit to apply - without penalty - for the AOS/EAD?

How long after the I-94 expired will you apply for AOS?

Edited by john_and_marlene

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Timeline

I married my fiance' within the 90 day limit of her arrival. However, we have not yet submitted our application for an adjustment of status & EAD (filing concurrently). It is past the 90 day limit (Sept 22) of when we were to marry - will this have any ramifications on the adjustment of status? Anotherwords...Is there a time limit to apply - without penalty - for the AOS/EAD?

How long after the I-94 expired will you apply for AOS?

The I-94 expired at the end of September. We're applying this week (beg. of October)

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I married my fiance' within the 90 day limit of her arrival. However, we have not yet submitted our application for an adjustment of status & EAD (filing concurrently). It is past the 90 day limit (Sept 22) of when we were to marry - will this have any ramifications on the adjustment of status? Anotherwords...Is there a time limit to apply - without penalty - for the AOS/EAD?

How long after the I-94 expired will you apply for AOS?

The I-94 expired at the end of September. We're applying this week (beg. of October)

Then there should be no ramifications. A few overstay days have accumulated, but that would only be an issue if that number of days added to any previous overstay days added up to more than 180--and even that would only be a problem if you wanted to travel outside the U.S. (even with AP) before getting permanent residence. All out of status days will be forgiven upon approval of the AOS.

If you don't complete AOS, the overstay days will remain overstay days with all the ramifications of an overstay.

Edited by john_and_marlene

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Timeline

I married my fiance' within the 90 day limit of her arrival. However, we have not yet submitted our application for an adjustment of status & EAD (filing concurrently). It is past the 90 day limit (Sept 22) of when we were to marry - will this have any ramifications on the adjustment of status? Anotherwords...Is there a time limit to apply - without penalty - for the AOS/EAD?

How long after the I-94 expired will you apply for AOS?

The I-94 expired at the end of September. We're applying this week (beg. of October)

Then there should be no ramifications. A few overstay days have accumulated, but that would only be an issue if that number of days added to any previous overstay days added up to more than 180--and even that would only be a problem if you wanted to travel outside the U.S. (even with AP) before getting permanent residence. All out of status days will be forgiven upon approval of the AOS.

If you don't complete AOS, the overstay days will remain overstay days with all the ramifications of an overstay.

much appreciated

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Even though, technically, you should apply for AOS within the validity of the I-94, many couples here on VJ did not manage to get it done in time and had no problems with their AOS approvals.

Just try to get the paperwork in as soon as you possibly can, because you are actually out of status at the moment.

Good advice :thumbs:


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United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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