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CBCH Explorer

CBCH   2

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

When can we file for AOS? We are not married yet our wedding date is in August do we have to wait until after were married or can we do it before?

Also I cannot find the page that states everything I need to include with our application for AOS...

any help or advice would be great!!!!

thank you!!!

UK-USA-K1 Rising Star

UK-USA-K1   128

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

When can we file for AOS? We are not married yet our wedding date is in August do we have to wait until after were married or can we do it before?

Also I cannot find the page that states everything I need to include with our application for AOS...

any help or advice would be great!!!!

thank you!!!

The answer to your question is that you CANNOT adjust status from K-1 until you are married. The k-1 visa is not an immigration visa, it's just basically permission to travel here and get married and legally adjust status from the US instead of marrying and filing from abroad. You must marry before the status is such that she'd qualify. Since you wouldn't qualify for resident status before you get married, you must wait until the marriage is final. Also, documentation of the marriage is part of what you need to send in for evidence, so you'll have to have a copy of the certificate before you adjust your status.

Here's a link to the VJ guide to adjusting status from a k-1 visa

http://www.visajourney.com/content/k1k3aos

That should be a good starting point for you to figure out what you will need moving forward.

Best of luck to you

FILE FOR K-1 Adjustment of Status Removal of Conditions

January 31.2010 - Met Online April 10, 2014 - Mailed in I-485 + I-765 March 19, 2016 - Mailed I-751 to CSC

February 20, 2011 - Met in Person April 14, 2014 - Forms arrived at Chicago Lockbox March 23, 2016 - I-751 arrived at CSC

July 28, 2012 - Engaged April 17, 2014 - Acceptance email arrived stating case forwarded to NBC March 23, 2016 - NOA1 Date (received March 28)

February 5, 2013 - Mailed I-129F to Lewisville, TX April 27, 2014 - Received letter for Biometrics appointment April 20, 2016 - Biometrics scheduled (incomplete due to dry cracked skin)

February 6, 2013 - USPS Receipt/Delivered I-129F April 28, 2014 - Received Acceptance NOA1 hard copies for AOS and EAD May 13, 2016 - Walk in Biometrics Completed

February 8, 2013 - NOA1 Notice Date May 12, 2014 - Biometrics Appointment Done September 27, 2016 - ROC Approved (Checked status via website w/receipt #)

February 11, 2013 - Bank shows check cashed today May 15, 2014 - Interview Schedule Letter (received May 17, 2014) October 6, 2016 - Card Arrived

February 11, 2013 - E-Mail Notification of Case Acceptance and June 5, 2014 - Interview Scheduled at Local office 8:15 a.m.

Case Number (Routed to California Service Center) June 11, 2014 - USCIS Status updated to show Greencard in the mail

February 12, 2013 - E Mail Notification of Alien Registration Number Change w/USPS tracking showing it scheduled to arrive

February 15, 2013 - Hard Copy NOA1 received June 14, 2014

June 5, 2013 - Email notice of RFE June 13, 2014 - GreenCard arrived

June 6, 2013 - RFE postmarked

June 10, 2013 - RFE arrived in the mail

June 11, 2013 - RFE mailed back Express USPS

June 12, 2013 - RFE received @ CSC / USCIS website updated to reflect this

June 20, 2013 - I-129F Approved

June 24, 2013 - NOA2 Hard Copy Received

June 28, 2013 - NVC Assigned Case Number

July 2, 2013 - NVC shipped case to London

July 9, 2013 - London Received Case File

July 13, 2013 - Packet 3 Instructions Received

July 17, 2013 - Packet 3 Forms Mailed (Except DS-2001)

July 30, 2013 - DS-2001 sent (arrived July 31)

July 30, 2013 - Medical Scheduled (and completed w/no issues)

August 5th - Medical Results Logged in

August 8th - DS-2001 Logged in

August 20, 2013 - Interview Date Set

September 17, 2013 - Interview at 8:00 a.m. (APPROVED)

Waiting for VISA...

September 25, 2013 - Visa Delivered

October 8, 2013 - POE Las Vegas, NV

October 11, 2013 - Married

October 13th - HOME

Andrea&Henry Proficient

Andrea&Henry   311

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

He is absolutely right! You cannot file before. But if waiting til august is way too much, you can always get marry in the court and file your AoS. There's no reason why you should wait that long and you can still have a nice wedding in August. From my experience, it took me 9 month to get my GC (adjusting from a k1 and no RFE or interview). We decided to get marry as soon as I got here, filed my AoS and later we enjoyed our big O wedding. Its just a suggestion

OUR AMAZING JOURNEY 

 

2011

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2012

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2013                                                  2014                                                     2015

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2016

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

When can we file for AOS? We are not married yet our wedding date is in August do we have to wait until after were married or can we do it before?

Also I cannot find the page that states everything I need to include with our application for AOS...

any help or advice would be great!!!!

thank you!!!

Read the instructions for Form I-485. A K-1 visa holder adjusting status MUST provide a copy of the marriage certificate. Only way to do that is to be married.

You can only file for AOS after getting married.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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