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Filed: K-1 Visa Country: United Kingdom
Timeline

I'm finally about to apply for Adjustment of Status after all the delays and complications that have prevented me from doing so. So we head on down to the local health clinic to get my Varicella vaccination, thinking that we'll be able to go see the nearest Civil Surgeon to get my Vaccination Supplement signed off this week, and THEN we find out that the Varicella vaccination consists of TWO injections over the period of a month!* So this means we will not be able to send off my AoS paperwork for at least another 4 weeks, by which time my K-1 Visa has virtually expired.

My question is: What happens when my Visa expires? Will I be asked to leave the country if I haven't submitted my AoS application? Do I have to notify USCIS about my situation? Do I have to apply for an extension?

* I swear we're going to write a comprehensive list of EVERYTHING that K-1 applicants should know about in advance, rather than having to find out as they stumble through the process. Everytime we try to get something done it turns out that you need something else that no-one ever told you about, or they find some reason why you are too late or too early and so you have to fill out form OMGWTF666 Parts 1 and 7 and 87b and get them notarised by an ex-president with an A in their name and then transcribed into Hebrew and carved into the side of a cow...


Cate and Liver's Timeline At A Glance:

18 Oct 2005 - Fiance petition sent off...

31 Oct 2005 - Receive first NOA

10 Feb 2006 - Application for petition approved!

10 Mar 2006 - Visa application pack received.

24 Mar 2006 - Liver had his medical examination in London

24 Apr 2006 - Received an interview date

10 May 2006 - The Interview at the US Embassy in London

11 May 2006 - K-1 Visa arrives first thing in the morning

21 May 2006 - Flew out to North Carolina (neglected to complete I-94 due to misinterpreting the instructions...)

27 May 2006 - Married!

14 Jun 2006 - Applied for I-102 (replacement for I-94)

11 Jul 2006 - I-102 Approved

31 Jul 2006 - Completed application for Social Security Card

24 Aug 2006 - Received Social Security card

28 Aug 2006 - Got my first US Photo ID

?? Oct 2006 - Applied for AoS and EAD

?? Nov 2006 - Received NOA for AoS and EAD

?? Nov 2006 - Received RFE to prove 125% Poverty Line Income Requirement

29th Nov 2006 - Biometrics Appointment

?? Dec 2006 - Sent additional affidavit of support with evidence from cosponsor

16 Jan 2007 - Received notice that my I-485 case has been transferred to California processing centre 'to speed up processing'

18 Jan 2007 - Received Work Permit

7 Feb 2007 - Received Conditional Permanent Resident Card!

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Filed: Citizen (pnd) Country: Canada
Timeline
My question is: What happens when my Visa expires? Will I be asked to leave the country if I haven't submitted my AoS application? Do I have to notify USCIS about my situation? Do I have to apply for an extension?

First off this post should probably be in the AOS forum as you would get more replies ... Maybe it will get moved ...

Anyways, as long as you got married within the 90 days of your entrance into the US with your K-1 visa then you have nothing to worry about (which it looks like you did) ... Many VJers have applied for adjustment of status (AOS) over a year after their I-94 expired (although I am by no means suggesting this) ...

But I would make sure you have all of your information together properly and when you do submit your AOS and you will be fine ...

Just so you know your Visa expired the day you activated it at your POE ... It is your I-94 that will be expiring soon ....


K-1 VISA
08-05-06 - Married in Sycamore IL


AOS / EAD
08-24-06 - AOS/EAD mail to Chicago (Day 1)

11-06-06 - GC & Welcome Letter arrive in Mail (Day 75)

I-751
09-23-08 - Sent Package via USPS (Day 1)
01-02-09 - Received GC in mail (with wrong Resident Since date) (Day 101)

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Also, you can send the paperwork in BEFORE you see the civil surgeon.

BTW, a positive varicella titre (or to some docs, even a declaration that you've HAD varicella--chickenpox) can be used instead of getting the injection.


2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

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

As long as the LORD's beside me, I don't care if this road ever ends.

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Filed: K-1 Visa Country: China
Timeline

Well... as long as you are married... as long as you will send your I-485... you will be fine... IMO


Steve (WA,US) & Anne (SH,CN)

P1..............2004/10/04

P2..............2005/01/10

P3..............2005/04/07

P4..............2005/08/02

Interview.....2005/09/19

Married.......2005/10/29

Filed I-485...2005/12/17

RFE submit...2006/02/27

Interview......2006/08/31

Fingerprint....2006/09/07

wel letter......2006/09/19

I-551...........2006/10/02

Share my experiences with you, China-->U.S.

Check out my website : Click here

I am not an attorny, but someone did what you are doing or going to do.

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Filed: K-1 Visa Country: United Kingdom
Timeline
Also, you can send the paperwork in BEFORE you see the civil surgeon.

How so? Part of the paperwork is the medical and vaccination evidence.

BTW, a positive varicella titre (or to some docs, even a declaration that you've HAD varicella--chickenpox) can be used instead of getting the injection.

A titre? What's that?


Cate and Liver's Timeline At A Glance:

18 Oct 2005 - Fiance petition sent off...

31 Oct 2005 - Receive first NOA

10 Feb 2006 - Application for petition approved!

10 Mar 2006 - Visa application pack received.

24 Mar 2006 - Liver had his medical examination in London

24 Apr 2006 - Received an interview date

10 May 2006 - The Interview at the US Embassy in London

11 May 2006 - K-1 Visa arrives first thing in the morning

21 May 2006 - Flew out to North Carolina (neglected to complete I-94 due to misinterpreting the instructions...)

27 May 2006 - Married!

14 Jun 2006 - Applied for I-102 (replacement for I-94)

11 Jul 2006 - I-102 Approved

31 Jul 2006 - Completed application for Social Security Card

24 Aug 2006 - Received Social Security card

28 Aug 2006 - Got my first US Photo ID

?? Oct 2006 - Applied for AoS and EAD

?? Nov 2006 - Received NOA for AoS and EAD

?? Nov 2006 - Received RFE to prove 125% Poverty Line Income Requirement

29th Nov 2006 - Biometrics Appointment

?? Dec 2006 - Sent additional affidavit of support with evidence from cosponsor

16 Jan 2007 - Received notice that my I-485 case has been transferred to California processing centre 'to speed up processing'

18 Jan 2007 - Received Work Permit

7 Feb 2007 - Received Conditional Permanent Resident Card!

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Also, you can send the paperwork in BEFORE you see the civil surgeon.

How so? Part of the paperwork is the medical and vaccination evidence.

Not for the initial I-485 paperwork. They'll ask you to show this AT THE INTERVIEW.

BTW, a positive varicella titre (or to some docs, even a declaration that you've HAD varicella--chickenpox) can be used instead of getting the injection.

A titre? What's that?

Basically a test for antibodies.

I submitted the I-485 paperwork for Pras in May; her AOS medical was only on 9/15 (we got an RFE, but it WASN't for the medical). As I stated, some civil surgeons will accept (the one we picked did) your declaration of having had chickenpox as sufficient for marking on the vaccination form.


2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

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

As long as the LORD's beside me, I don't care if this road ever ends.

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Filed: Timeline

Waiting in Vancouver,

Interesting self-contradiction that - expires upon activation.

Anyway, that visa might still have some value should the holder have to leave the USA before getting married and before the end of the 90-day stay in the USA.

Yodrak

....

Just so you know your Visa expired the day you activated it at your POE .......

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Filed: Citizen (pnd) Country: Canada
Timeline
Waiting in Vancouver,

Interesting self-contradiction that - expires upon activation.

Anyway, that visa might still have some value should the holder have to leave the USA before getting married and before the end of the 90-day stay in the USA.

Yodrak

....

Just so you know your Visa expired the day you activated it at your POE .......

Your always the one to correct me ... :)

I guess I didn't explain it 100% ... Thank you for correcting me :)


K-1 VISA
08-05-06 - Married in Sycamore IL


AOS / EAD
08-24-06 - AOS/EAD mail to Chicago (Day 1)

11-06-06 - GC & Welcome Letter arrive in Mail (Day 75)

I-751
09-23-08 - Sent Package via USPS (Day 1)
01-02-09 - Received GC in mail (with wrong Resident Since date) (Day 101)

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Filed: Timeline

Waiting in Vancouver,

Learned this one the same way myself - someone corrected me!

Yodrak

Your always the one to correct me ...

I guess I didn't explain it 100% ... Thank you for correcting me

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Filed: AOS (pnd) Country: Philippines
Timeline

hi there! I had my AOS interview yesterday, and I was approved. I will be receiving my greencard within 2 weeks, as per the immigration officer.

Well, I came here as a K-1 visa holder. My husband and I got married within the 90-day period, but we didn't submit AOS before the expiration of my I-94. We submitted AOS application form a month after my I-94 expiration because of so many problems... :whistle:

We did not submit the I-693a or vaccination supplement and did not get an RFE... YOU CAN SUBMIT THE I-693A ON YOUR INTERVIEW DATE... that won't be a problem. :yes: JUST BRING THE COMPLETED I-693A SEALED IN AN ENVELOPE WITH YOU FOR YOUR INTERVIEW.

In my case, immigration officer yesterday didn't even ask for my I-693A and approved my application. :D

Relax. She(IO) also told me that it's okay to file AOS after the expiration of I-94 as long as you get married within the 90-day period. Of course, it will be beneficial if you could apply asap so you can now get a job and can travel abroad. :thumbs:


K-1 Visa Application:

June 30, 2005- Sent I-129F

July 12, 2005- Processing Date

September 16, 2005- I-129F Approval Notice

September 29, 2005- Approval Notice sent to US Embassy in the Philippines

January 26, 2006- US Embassy sent Medical and Visa Appointment dates

March 2, 2006- Medical Appointment

March 9, 2006- Visa Interview

March 21, 2006- Visa received

March 24, 2006- Attended CFO Seminar in Q.C.

March 28, 2006- Flight to the USA

Marriage:

May 1, 2006- Applied for Marriage License

May 20, 2006- Got married in Chandler, Arizona

I-485/I-765 Applications:

July 24, 2006- I-485/I-765 sent to USCIS

July 31, 2006- Processing Date

August 2, 2006- USCIS sent a Biometrics Appointment Letter

August 8, 2006- USCIS sent an Appointment for AOS

August 16, 2006- Biometrics Appointment

October 3, 2006- AOS Interview(Los Angeles District Office)

October 10, 2006- Received Welcome Notice, Employment Authorization Card

October 18, 2006- Greencard received

I-751 Application:

August 29, 2008 - I-751 sent to USCIS

September 2, 2008 - Processing Date

January 2, 2009 - Biometrics 1

April 6, 2009 - Biometrics 2

April 7, 2009 - Biometrics 3 (never ending)

April 22, 2009 - Received Approval Letter

June 16, 2009 - Greencard received

<a href="http://lilypie.com/"><img src="http://lilypie.com/pic/2009/08/04/6tep.jpg" width="99" height="80" border="0" alt="Lilypie - Personal picture" /><img src="http://lb1f.lilypie.com/H9Hvm5.png" width="400" height="80" border="0" alt="Lilypie" /></a>

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Filed: AOS (apr) Country: Scotland
Timeline
Waiting in Vancouver,

Anyway, that visa might still have some value should the holder have to leave the USA before getting married and before the end of the 90-day stay in the USA.

Yodrak

....

Just so you know your Visa expired the day you activated it at your POE .......

The visa is a one stop deal and can NOT be used to leave the USA and come back before you get married. ANYBODY WHO HAS HAD A K1 VISA WILL TELL YOU THAT!!!


2005 August 27th Happily Married

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Filed: Timeline

WifeOHunkyJohn,

See 9 FAM 41.81 (Fiance(e)s) Notes, N6.3

Yodrak

Waiting in Vancouver,

Anyway, that visa might still have some value should the holder have to leave the USA before getting married and before the end of the 90-day stay in the USA.

Yodrak

....

Just so you know your Visa expired the day you activated it at your POE .......

The visa is a one stop deal and can NOT be used to leave the USA and come back before you get married. ANYBODY WHO HAS HAD A K1 VISA WILL TELL YOU THAT!!!

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Filed: Citizen (pnd) Country: Canada
Timeline
WifeOHunkyJohn,

See 9 FAM 41.81 (Fiance(e)s) Notes, N6.3

Yodrak

Waiting in Vancouver,

Anyway, that visa might still have some value should the holder have to leave the USA before getting married and before the end of the 90-day stay in the USA.

Yodrak

....

Just so you know your Visa expired the day you activated it at your POE .......

The visa is a one stop deal and can NOT be used to leave the USA and come back before you get married. ANYBODY WHO HAS HAD A K1 VISA WILL TELL YOU THAT!!!

I agree with Yodrak


K-1 VISA
08-05-06 - Married in Sycamore IL


AOS / EAD
08-24-06 - AOS/EAD mail to Chicago (Day 1)

11-06-06 - GC & Welcome Letter arrive in Mail (Day 75)

I-751
09-23-08 - Sent Package via USPS (Day 1)
01-02-09 - Received GC in mail (with wrong Resident Since date) (Day 101)

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The visa is a one stop deal and can NOT be used to leave the USA and come back before you get married. ANYBODY WHO HAS HAD A K1 VISA WILL TELL YOU THAT!!!

I agree with Yodrak

As was pointed out in the following thread on travel (the OP had wanted to do a honeymoon in Montreal after a K-1 marriage to Limey):

http://www.visajourney.com/forums/index.php?showtopic=33274

Edited by CherryXS

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

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

As long as the LORD's beside me, I don't care if this road ever ends.

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Filed: AOS (apr) Country: Colombia
Timeline

WifeOHunkyJohn,

See 9 FAM 41.81 (Fiance(e)s) Notes, N6.3

Yodrak

Waiting in Vancouver,

Anyway, that visa might still have some value should the holder have to leave the USA before getting married and before the end of the 90-day stay in the USA.

Yodrak

....

Just so you know your Visa expired the day you activated it at your POE .......

The visa is a one stop deal and can NOT be used to leave the USA and come back before you get married. ANYBODY WHO HAS HAD A K1 VISA WILL TELL YOU THAT!!!

I agree with Yodrak

I also agree with Yodrak. :yes:

Peter Miami


Johanna & Peter

Colombia / U.S.A.

I-129F / K-1 Fiancee Visa

08-20-02 - Met Johanna in Armenia, Colombia

10-05-05 - K-1 Sent to TSC

10-14-05 - Received NOA1 by E-Mail (Day 9)

12-22-05 - Reveived NOA2 By E-Mail & Mail (Day 78)

03-03-06 - Interview Date! (Day 149) Approved

03-10-06 - Johanna Arrived

05-27-06 - Married

I-485 / AOS (Did not applied for EAD or AP)

06-05-06 - Sent I-485 application to Chicago via USPS (Day 1)

06-06-06 - AOS Package Delivered at 12:29PM

06-12-06 - Received NOA1 by Mail

06-14-06 - Check Cashed

06-22-06 - Received Appointment Notice for Biometrics

06-26-06 - "Request for Additional Evidence" Online, waiting for letter

06-29-06 - Biometrics Done!

06-30-06 - Received RFE Letter by mail. (Missing Birth Certificate)

07-10-06 - Sent RFE by Express Mail USPS

07-11-06 - RFE Delivered @ 10:54AM Sign by D. Atwell

08-28-06 - AOS Transferred to CSC E-mail & USCIS Website (Day 85)

08-30-06 - Touched #1

08-31-06 - Touched #2

08-31-06 - E-Mail from CRIS & USCIS-CSSO - CSC received AOS Application

09-01-06 - Touched #3

09-01-06 - NOA by Mail Regarding Transfer to CSC

09-05-06 - Touched #4

09-07-06 - Touched #5

09-13-06 - Touched #6

09-15-06 - AOS Approved by Online Status & E-mail

09-21-06 - Received GC and Welcome Letter (Day 109)

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