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Bokke

AOS Submission close to Visa expiration

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Hey VJers,

I think I already know the answer to this so I guess I'm just looking for confirmation and some peace of mind, but I'm going to ask anyway.

My wife and I were married within the 90 days required of the K1 Visa stipulations and we submitted the forms to USCIS (Chicago lockbox) as directed in the forms. We have confirmation from USPS that the forms were signed for and delivered in Chicago, but have yet to receive our first NOA. Granted its only been a weekend since submission and I know that is way too soon to hear anything from the government, but my concern is that her visa expires very quickly.

She can stay here as long as the forms were postmarked and sent before the term deadline correct even though her visa is expiring, correct?

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Hey VJers,

I think I already know the answer to this so I guess I'm just looking for confirmation and some peace of mind, but I'm going to ask anyway.

My wife and I were married within the 90 days required of the K1 Visa stipulations and we submitted the forms to USCIS (Chicago lockbox) as directed in the forms. We have confirmation from USPS that the forms were signed for and delivered in Chicago, but have yet to receive our first NOA. Granted its only been a weekend since submission and I know that is way too soon to hear anything from the government, but my concern is that her visa expires very quickly.

She can stay here as long as the forms were postmarked and sent before the term deadline correct even though her visa is expiring, correct?

Just to correct semantics -- the K-1 visa was voided the minute she entered the country. It's a one-time entry. What's expiring is the I-94, which dictates the 90 days in which you needed to marry.

That you submitted the AOS package before the I-94 expired is ideal, but there isn't a deadline for submitting the AOS. She should not leave the country until receiving either the advanced parole (AP) document (or the combo card assuming you also filed for the Employment Authorization Document (EAD)) or her green card. Good luck!


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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*** Thread moved from main AOS/Family-Based forum to the Case Progress subforum. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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