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Mark&Syrell

When do we have to File for AOS ???

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My fiancee arrived in the USA on August 29,2014 and we got married this past Friday, September 19, 2014. My question is when do we have to file for AOS. I guess it is just a matter of not exactly having the money right now. Can we wait 6 months or so..... Need help in answering this as I want to make sure she will not run into in immigration trouble.

Is it ok to wait????

Thanks,

Mark

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The sooner, the better. Once your 90 days indicated on your I-94 expire, you will be out of legal status. There is no strict limit to apply for AOS (some have applied months or even years after the wedding), but the sooner you apply, the sooner you'll get your EAD and AP because til then you won' be able to work or won't be able to re-enter the country if you decide to travel abroad.

I've been out of status for a month and a half myself and won't be able to apply for AOS til end of October and I'm not too worried :)


Spoiler

My AOS journey

Date Filed : 2014-11-26

NOA Date : 2014-12-06

RFE: 2014-12-26 (Translation of my international BC)

Bio. Appt. : 2014-12-31

RFE response received by USCIS: 2015-01-06

EAD/AP approved: 2015-02-18

NPIW letter: 2015-03-17

Service request: 2015-09-17

Response to service request: None

Service request 2: 2015-10-23

Service request 2 response: 2015-11-03 - USCIS anticipates a delay

EAD/AP renewal forms sent: 2015-11-04

Letter to Congressman sent: 2015-11-06

EAD/AP renewal electronic NOA1: 2015-11-10 (saying USCIS received and accepted my applications on 2015-11-06)

Email from Congressman's office - reviewing my case, will contact me with info: 2015-11-13

Received No Biometrics Required letter: 2015-11-20

Received letter of continuance asking for another translation of my BC (long story): 2015-11-20 (online status never changed)

Responded to letter of continuance: 2015-11-30

USCIS/DHS in Sacramento received my response (delivery confirmation): 2015-12.01

Received interview letter from Chatsworth office, CA: 2016-01-30

Received response from my congressman: 2016-02.02

AOS interview: 2016-02-10 Result:: RFE for medical

Medical done: 02/20/2016 - 03/03/2016

Medical Received By USCIS (UPS delivery confirmation): 2016-03-08

AOS approval date/Resident since: 2016-03-12

Card received: 2016-03-18

AOS took 15 months, 2 weeks and one day.

 

ROC:

Petition sent: 2018 - 02 - 22

Petition received by USCIS Laguna Niguel: 2018 - 02 - 23

 

 

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My fiancee arrived in the USA on August 29,2014 and we got married this past Friday, September 19, 2014. My question is when do we have to file for AOS. I guess it is just a matter of not exactly having the money right now. Can we wait 6 months or so..... Need help in answering this as I want to make sure she will not run into in immigration trouble.

Is it ok to wait????

Thanks,

Mark

Apply for Adjustment of Status (AOS). You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP at this time.

Shamelessly quoting from the K-1 flowchart here. http://www.visajourney.com/content/k1flow


2014-05-12 I-129F Mailed
2014-05-21 NOA1:
2014-05-29 (ARN) Alien Registration Number
2014-08-11 Transfer (TSC to CSC)
2014-09-23 RFE:
2014-11-04 Denial of I-129f :cry:
2014-11-25 Married in Zhengzhou, Henan, China! (L):luv:
2015-01-08 I-130 Mailed (FedEx)
2015-01-12 I-130 Received by Chicago lockbox
2015-01-15 I-130 Check cleared bank
2015-01-13 I-130 NOA1 (Nebraska)
2015-04-17 I-130 NOA2 :dancing:
2015-04-20 Sent to NVC
2015-04-23 Received by NVC

y1OKm6.png

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*** Thread moved from K-1 Process forum to the main AOS/Family-Based forum -- OP is beyond the K-1 phase. ***


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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In response to your title question, "When to we have to file for AOS?" As soon as possible after marriage. The longer you wait, the more problems can arise. Check the AOS progress forum, for numerous threads associated with delaying the process.

Good luck on your immigration journey.

Edited by A&B

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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Do it as soon as you get your certified marriage license. I would do mit before the 90 days is up!


K-1 Timeline

11/07/13 - Filed for I-129F

12/20/13 - NOA2 approved

01/13/14 - NVC Received; new case # issued

01/16/14 - NVC Shipped to US Embassy

02/18/14 - DS-160 submitted ; Packet 3 with all required docs sent to Embassy

03/20/14 - Medical

04/10/14 - Interview smile.png

04/10/14 - 221(g) form; missing updated police certificate

04/24/14 - Sent document

06/18/14 - Visa ISSUED!!! :dancing:

06/24/14 - Visa in hand

07/09/14 - Fly to US

08/08/14 - We're Married!!

AOS Timeline

08/27/14 - Filed for I-485 (AOS) and I-765 (EAD)

09/03/14 - Text message that both applications were received

09/09/14 - Received NOA1 for I-485 & I-765 in the mail

09/13/14 - Biometrics letter received in the mail

09/23/14 - Biometrics appointment

11/06/14 - I-485: Status changed to Scheduling Interview

11/07/14 - EAD Card Production

11/18/14 - EAD Card in Hand!!!

12/17/14 - Interview scheduled for January 20, 2015

01/20/15 - Interview! AOS Approved!!! :star::star::star:

01/26/15 - GC arrived!!

ROC Timeline

11/10/16 - Filed for I-751

11/14/16 - NOA1

12/07/16 - Biometrics appointment

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This has been discussed many times. You can do a search for it here on VJ.

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. There is the small chance of being detained for being out of status. Stay away from border check points or using buses for travel. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

The sooner you file, the sooner she can get her EAD/AP and be able to get state ID or drivers license(and SSN of you did not get that yet), work and be able to travel outside the US and re-enter.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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The person you spoke to gave out misinformation. There is no deadline at all. Not 90 days, not 180 days. None. All you need to do to be eligible to file for AOS is to get married within 90 days of entry with a K-1 visa.

Nowhere in the I-485 form instructions does it state a time limit to file and be eligible. As a matter of fact, it states that maintaining status is not a requirement to file for adjustment from a K-1, which equals no deadline to file > http://www.uscis.gov/files/form/i-485instr.pdf

Who May File Form I-485?

3. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry.

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission

The USCIS site about adjusting status from a K-1 states you should apply for AOS after you marry, and not that is a must to be eligible.

No mention of a deadline in the laws either > 8 CFR Sec. 214.2(k)(6)(ii)

(k) Spouses, Fiancées, and Fiancés of United States Citizens—

(6) Adjustment of status from nonimmigrant to immigrant.

(ii) Nonimmigrant visa issued on or after November 10, 1986. Upon contracting a valid marriage to the petitioner within 90 days of his or her admission as a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10, 1986, the K-1 beneficiary and his or her minor children may apply for adjustment of status to lawful permanent resident under section 245 of the Act. Upon approval of the application the director shall record their lawful admission for permanent residence in accordance with that section and subject to the conditions prescribed in section 216 of the Act.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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