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Filed: Lift. Cond. (apr) Country: India
Timeline

Hi Andrei. First, congratulations on getting through the K-1 visa journey. You have to get married within 90 days and then file for AOS after the marriage.


K-1 Visa

Service Center: Texas Service Center

Transferred? No

Consulate: Mumbai, India

 

Met at University in UK: 2010

Engaged in India: 03/31/2014

I-129F Sent: 06/20/2014

NOA1: 06/25/2014

NOA2: 12/16/2014

NOA2 Hardcopy Received: 12/23/2014

Case Sent to NVC: 12/23/2014

NVC Case Number Assigned: 01/05/2015

Case Sent to Consulate: 01/08/2015

Case "Ready" at Consulate: 01/09/2015

Applied for PCC: 01/20/2015

PCC in hand: 02/23/2015

Medical: 01/23/2015

Completed DS-160 and paid visa fee: 02/20/2015

Interview: 03/13/2015 APPROVED :)--> Same day went into AP

Visa "issued" on CEAC webstie: 03/16/2015

:goofy: :goofy: Visa in hand! 03/18/2015 :goofy::goofy:

POE: 06/04/2015 :dancing: :dancing: :dancing:

AOS Journey

06.11.2015- City Hall Wedding

06.29.2015- Mailed AOS Package

07.01.2015 - Package Delivered at Chicago Lockbox

07.02.2015- Date Received as per USCIS

07.09.2015- NOA1 for EAD/AP

07.24.2015- RFE :ranting:

08.13.2015- USCIS accepted RFE response

09.08.2015- EAD received

Waiting for the interview :clock:

12.19.2015 WE GOT THE GREEN CARD IN THE MAIL!!!!! No interview :)

ROC

10.25.2017 ROC packet received by VT Service Center

11.02.2017- Received NOA dated 10.26.2017

11.29.17- Completed Biometrics

Waiting for the interview :clock:

 

 

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You are not required to file the AOS. But you are also not authorized to stay in the USA after the expiration of the I-94, or the 90 days. Getting married doesn't change the length of time you were authorized to stay in the USA. When you file the AOS, you are authorized to stay until such time as your AOS petition is adjudicated. There is no penalty for filing the AOS late, although if you wait too long, you may have to redo your medical. In the past as long as the medical was not a year old when they applied to AOS, it was considered current. But some are now reporting they have been told it must be current (less than a year old) when they get around to adjudicating the AOS.

This is not common, but it does happen. As you are not authorized to be in the USA, you can be detained by immigration authorities and sent before a judge. The end result of those cases is normally hiring a lawyer, and the judge will order you to apply to adjust status within a limited time period or face deportation.

Any time spent in the USA without authorization accrues towards limited bans on re-entry should you never adjust status and leave the country. When you do adjust status based on marriage to a USC, those over stay days are forgiven and no ban ever goes into effect as long as you entered the country legally.

So its best to adjust in the 90 days, or at least as soon as you can, but it is not required that you adjust in the 90 days.


K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Filed: Lift. Cond. (apr) Country: China
Timeline

As is often mentioned mentioned in this forum, you need to marry within 90 days of your POE to satisfy the requirements of the K1 visa. It is generally recommended to file for AOS as soon as possible after marriage.

Good luck on your immigration journey.


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

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Lift. Cond. (apr) Country: China
Timeline

The last time I callled USCIS about time frame to file AOS, I was told I have 180 days from date of marriage to file AOS.

It sounds like you got hoodwinked by the USCIS "mis"information line.

There is NO stated time frame to start the AOS process. It IS a general forum recommendation to start the AOS process as soon as possible after your marriage.


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

"Si vis amari, ama" - Seneca

 

 

 

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The last time I callled USCIS about time frame to file AOS, I was told I have 180 days from date of marriage to file AOS.

The disinformation line strikes again.

There currently is no limit as to when you can file AOS. Although proposed immigration bills do include a 180 degree limit based upon the entry date, should they ever get any attention in congress and pass. The bill I read did not say what would happen if you failed to. But it does show someone in power has noticed and pointed out the lack of a limitation on when AOS can be filed by a K-1 entrant, is a problem. The K-1 is also not immune from accumulating unauthorized stay days after the 90 days are up, regardless if they marry. You will find no handbook entry to state this 180 days, nor you will find any law that states this.


K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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