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Jen&Brendan

From K-1 to AOS

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My husband and I got married two weeks ago. We were supposed to get married latest by April 11 (90 days after arrival in the US). So we know we will have to start with the complete our AOS now. But we got a couple problems... First our car broke down and we need the car so we had to buy a new one. Than he has a surgery next week with many medical bills! So our savings for the visa are pretty much gone. We could ask our parents but we both don't really wanna do this. Does anyone know is there is a certain time we can wait with starting the AOS?? I'm hope we will have the money back together by latest May. Can we wait that long?

Thank you for helping!


04/21/11 I-129F Sent

04/28/11 NOA1 Received

08/11/11 NOA2!!

08/19/11 NVC Received

10/15/11 Medical

11/10/11 Interview in Frankfurt

01/11/11 Received my passport with my visa :)

01/13/11 POE

03/09/12 Married my love

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the only requirement is that you marry within 90 days and while it is better if you apply for AOS as soon as possible after marriage, you are under no legal obligation to do so... it will wait till May.


I-129F SENT............................................08/15/2011

NOA1 TEXT/EMAIL...................................08/22/2011

NOA2 TEXT/EMAIL. NO RFE.....................01/05/2012

NVC RECEIVED......................................01/21/2012

NVC LEFT...............................................01/24/2012

PACKET 3 RECEIVED..............................02/01/2012

PACKET 3 RETURNED.............................02/04/2012

MEDICAL................................................02/17/2012

DS-2001 MAILED.....................................02/23/2012

PACKET 4 RECEIVED..............................03/02/2012

INTERVIEW............................................03/14/2012 APPROVED

POE ATLANTA.........................................04/03/2012

AOS approved 3/29/13 after almost 10 months of waiting. No RFE's and no interview.

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My husband and I got married two weeks ago. We were supposed to get married latest by April 11 (90 days after arrival in the US). So we know we will have to start with the complete our AOS now. But we got a couple problems... First our car broke down and we need the car so we had to buy a new one. Than he has a surgery next week with many medical bills! So our savings for the visa are pretty much gone. We could ask our parents but we both don't really wanna do this. Does anyone know is there is a certain time we can wait with starting the AOS?? I'm hope we will have the money back together by latest May. Can we wait that long?

Thank you for helping!

Hey there!! I know exactly how you feel...we have a baby on the way and are trying to save up for AOS also and we cannot apply until AT LEAST may. I have been reading around and I don't think there is a certain time limit to applying for AOS...this just means that you will be "out of status" so can't work, drive etc.

I am currently in this position and it is very boring but we have no choice!!


July 11 2011 - I-129F Sent
July 14 2011 - I-129F Received at Dallas Lockbox
July 21 2011 - NOA1 Received (dated July 14th)
Oct 13 2011 - NOA2!!! biggrin.png (NO RFE's)
Oct 25 2011 - NVC Received
Oct 26 2011 - Got Case Number
Oct 27 2011 - NVC Sent Case to London
Oct 31 2011 - London Received Case
Nov 11 2011 - Recieved Packet 3
Nov 14 2011 - Packet 3 Sent
Nov 21 2011 - Medical
Dec 2 2011 - Packet 4 Received
Dec 12 2011 - Interview!! 8.30am
Dec 12 2011 - APPROVED!! biggrin.png!
Dec 15 2011 - Received passport with shiney new visa and HUGE white envelope.
Dec 19 2011 - Travel to US: POE Newark
Feb 14 2012 - Married smile.png Now need to wait for baby Marcus to be born. Due date April 27th.
May 4 2012 - Baby Marcus born!!

March 14 2013 - AOS Application Sent smile.png
March 18 2013 - USCIS received date.
March 25 2013 - USCIS notice date. Receipt #MSC1390000000.
April 13 2013 - RFE Received for Copy of Birth Certificate.
April 18 2013 - RFE Replied.
April 23 2013 - Biometrics.

May 28 2013 - EAD Approved
May 31 2013 - Card production ordered.

June 3 2013 - Card Mailed, expected delivery date June 5.

September 25th 2013 - Became an official resident!!

October 5th 2013 - Green Card Received.

August 24 2015 - I-751 for Removal of conditions received by California Service Center.

August 24 2015 - NOA Receipt Date.

September 24 2015 - Biometrics.

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Filing a few weeks to a month or so after the 90 days tends to not be an issue.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

If you were to delay more than 6 months beyond the 90 days forget about filing the I-131 for AP doc, it would not prevent the overstay-bar from blocking returning from a trip abroad.

Moving to AOS forum...


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filing a few weeks to a month or so after the 90 days tends to not be an issue.

http://www.visajourn...sa-aos.html#6.1

If you were to delay more than 6 months beyond the 90 days forget about filing the I-131 for AP doc, it would not prevent the overstay-bar from blocking returning from a trip abroad.

Moving to AOS forum...

Let me make sure I understand this correctly. If you came here on a K1 visa and have been in america for more than 6 months, When your ready to adjust status after 6 months you Do Not file the form I-131? Only forms I-485 & I-765?


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Let me make sure I understand this correctly. If you came here on a K1 visa and have been in america for more than 6 months, When your ready to adjust status after 6 months you Do Not file the form I-131? Only forms I-485 & I-765?

I researched and found we don't file form I-131 since my husband is out of status . Thanks!


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Awesome thank you everybody. So it shouldn't be a problem. We just HAVE TO apply for the AOS within 6 month. We hope we will be able to make it till May! That would be a month after the 90 days have been expired.


04/21/11 I-129F Sent

04/28/11 NOA1 Received

08/11/11 NOA2!!

08/19/11 NVC Received

10/15/11 Medical

11/10/11 Interview in Frankfurt

01/11/11 Received my passport with my visa :)

01/13/11 POE

03/09/12 Married my love

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Awesome thank you everybody. So it shouldn't be a problem. We just HAVE TO apply for the AOS within 6 month. We hope we will be able to make it till May! That would be a month after the 90 days have been expired.

You don't "HAVE TO" apply for AOS before 6 months. The 6 months is just that if you were to leave without the GC you would get a 3 year ban, and if it was more than a year of overstay then a 10 year ban. Again this is ONLY if you don't get the greencard.

Unfortunately some people have found themselves in positions where the relationship failed before the AOS was complete (not involving abuse or anything, just didn't work out) and so they left the country. This means those people ended up with bans.

For this reason it is BEST to apply before there is 6 months or more of overstay but there is no REQUIREMENT. AOS will go through normally either way, just the length determines whether you should bother with AP, and whether you need a new medical.

Remember the overstay starts once the I-94 expires.

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You don't "HAVE TO" apply for AOS before 6 months. The 6 months is just that if you were to leave without the GC you would get a 3 year ban, and if it was more than a year of overstay then a 10 year ban. Again this is ONLY if you don't get the greencard.

Unfortunately some people have found themselves in positions where the relationship failed before the AOS was complete (not involving abuse or anything, just didn't work out) and so they left the country. This means those people ended up with bans.

For this reason it is BEST to apply before there is 6 months or more of overstay but there is no REQUIREMENT. AOS will go through normally either way, just the length determines whether you should bother with AP, and whether you need a new medical.

Remember the overstay starts once the I-94 expires.

So do I get this right? I just can get a barn if I have never applied for a AOS and I left the Country for some reason?

But lets say we apply for the AOS within 2 month overstay (hopefully just 1 month) I should be save and I shouldn't get in any trouble right?

Ohhhhhh god this visa stuff is driving me nuts sometimes! I have a frind who got married here too, she applied for her AOS very late and now she is unter investigation... I don't want this to happen to me...


04/21/11 I-129F Sent

04/28/11 NOA1 Received

08/11/11 NOA2!!

08/19/11 NVC Received

10/15/11 Medical

11/10/11 Interview in Frankfurt

01/11/11 Received my passport with my visa :)

01/13/11 POE

03/09/12 Married my love

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The ban only occurs if you leave the country. Even if you wait 2 years to file, You won't get a ban as long as you don't leave before you get your GC. 6+ months put of status means you cannot travel once you file until your GC is received - ie you can't use AP. Once you receive your GC the overstay is irrelevant. Under 6 months out of status you can travel on AP while the GC is pending but I wouldn't take that risk with even a few months overstay as CBP can, at their discretion, not parole you back in.


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

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So do I get this right? I just can get a ban if I have never applied for a AOS and I left the Country for some reason?

But lets say we apply for the AOS within 2 month overstay (hopefully just 1 month) I should be save and I shouldn't get in any trouble right?

Ohhhhhh god this visa stuff is driving me nuts sometimes! I have a frind who got married here too, she applied for her AOS very late and now she is unter investigation... I don't want this to happen to me...

Yes. If you left the country 6 months or more past your I-94 date without having applied for AOS you will get a ban. AOS is not affected by applying late.

If you apply for AOS BEFORE you have 6 months of overstay technically you should be fine leaving on AP but unless it's an emergency it's safer not to.

AOS honestly isn't affected by waiting, it just affects whether you can use AP to leave the country or if you need to wait for the greencard. If you wait to file more than 2 years you should also file an I-130 to get a 10 year greencard but aside from that it's fine.

Unfortunately your friend may have done or not done something she should have, could be they didn't have enough evidence compared to the length of time they were married (longer time tends to equal more evidence required)... Many people have applied a long time after their I-94 expired. I personally applied around 4 months after expiration of my I-94. I was approved without RFE or interview in less than 3 months.

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Yes. If you left the country 6 months or more past your I-94 date without having applied for AOS you will get a ban. AOS is not affected by applying late.

If you apply for AOS BEFORE you have 6 months of overstay technically you should be fine leaving on AP but unless it's an emergency it's safer not to.

AOS honestly isn't affected by waiting, it just affects whether you can use AP to leave the country or if you need to wait for the greencard. If you wait to file more than 2 years you should also file an I-130 to get a 10 year greencard but aside from that it's fine.

Unfortunately your friend may have done or not done something she should have, could be they didn't have enough evidence compared to the length of time they were married (longer time tends to equal more evidence required)... Many people have applied a long time after their I-94 expired. I personally applied around 4 months after expiration of my I-94. I was approved without RFE or interview in less than 3 months.

Wow you were approved in less than 3 month? WOW! I heard it takes usually about 6 month.

What is AP?

And how long is the Greencard valid that I will get now (with the AOS) I thought it's good forever?

Sorry I'm just getting into all the visa stuff.


04/21/11 I-129F Sent

04/28/11 NOA1 Received

08/11/11 NOA2!!

08/19/11 NVC Received

10/15/11 Medical

11/10/11 Interview in Frankfurt

01/11/11 Received my passport with my visa :)

01/13/11 POE

03/09/12 Married my love

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We are not planning to leave the country for the next probably two years. My family will come to see me next year and the year after that we might wanna go to visit them. So unless there will be an emergency I am not very worried about leaving the country.

Just don't wanna get in trouble and have to wait forever for the greencard forever because sitting at home and not being able to work is really boring. I can't wait to get my work permission!


04/21/11 I-129F Sent

04/28/11 NOA1 Received

08/11/11 NOA2!!

08/19/11 NVC Received

10/15/11 Medical

11/10/11 Interview in Frankfurt

01/11/11 Received my passport with my visa :)

01/13/11 POE

03/09/12 Married my love

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Wow you were approved in less than 3 month? WOW! I heard it takes usually about 6 month.

What is AP?

And how long is the Greencard valid that I will get now (with the AOS) I thought it's good forever?

Sorry I'm just getting into all the visa stuff.

When I applied it was taking around 3 months. It seems to be a bit longer now.

Your greencard is only going to be valid for 2 years. 90 days before the card expires you MUST file for Removal of Conditions (ROC). The condition being your marriage to your USC spouse. You pay more money and submit more proof of relationship (you can have a look at the ROC thread in my signature to see what you're in for 'cause you should start collecting this stuff ASAP).

AP stands for "Advanced Parole". AP is in case you need to leave the country while your AOS is pending. If you leave WITHOUT AP you cannot re-enter the US without another visa and your AOS process is abandoned (and you just wasted the $1070). It's only useful (like the EAD) until you get your greencard and then it does everything.

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We are not planning to leave the country for the next probably two years. My family will come to see me next year and the year after that we might wanna go to visit them. So unless there will be an emergency I am not very worried about leaving the country.

Just don't wanna get in trouble and have to wait forever for the greencard forever because sitting at home and not being able to work is really boring. I can't wait to get my work permission!

Vanessa&Tony are one of the very best advisers on Vj. I would just like to add that you may also have to do a FRESH medical examination if you stay too long to apply for AOS... It's not cheap!


....All your Negative Energy Feeds Cancer!


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