Jump to content

4 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Guatemala
Timeline

so where do I start......... please don't judge just looking for facts or valid opinions.

we were approved with the K1 visa back in 2012, my wife entered the US November of 2012. There has been a ton going on, all good things, which is why I ask please don’t rush to judgment. My wife was pregnant at the time when we got approved, so we have a 2 year old and we also have a 6 month old. We have been busy with several projects we’re both involved in and I have had several promotions at work since all this has happened. I mention all this not as an excuse but just to give you an idea of how busy and how fast all this happened. We are blessed that my wife doesn’t have to work, she’s a stay at home mom and this is another reason why we didn’t seem to be in a rush to get the AOS done. We did get married within the 90 days of her arrival and this is where my question begins. Is there a time limit to adjust status or are there any penalties for not doing it within the 90 days of entry. Again we understand she is considered illegal at the moment, again we are just looking for facts. Has anyone else waited these long? What’s the longest any one has waited? Is there any legal ramification because we’ve waited this long? Can they legally deny her AOS because of how long we’ve waited? I hope you can see what kind of help we’re looking for with the type of questions we posted here. Any and all reliable advise is much appreciated.

Share this post


Link to post
Share on other sites

I'm a little confused by your post if you could clarify. Did you not get married within the 90 days? I believe that's what you are referring to but since you used the term AOS I just want to be clear. AOS happens after you've gotten married and there is no time limit as to when you have to file. If you did not get married within the 90 days that is a different situation.

I'm a little confused by your post if you could clarify. Did you not get married within the 90 days? I believe that's what you are referring to but since you used the term AOS I just want to be clear. AOS happens after you've gotten married and there is no time limit as to when you have to file. If you did not get married within the 90 days that is a different situation.


K1

3/13/13: Filed K1 Application

3/20/13: NOA1

7/12/13: RFE

8/5/13: RFE Reply

8/26/13: NVC Received

9/4/13: Packet 4 received via email

9/23/13: Fiancee received his hard Packet 4

12/5/13: Interview, Visa Aprobada!

12/12/13: Visa Received

12/13/13: Entry into US

AOS

1/15/14: Filed AOS

1/22/14: NOA

2/13/14: Biometrics Appointment

3/25/14: EAD and AP Approved

3/31/14: EAD/AP Combo Card Received

4/28/14: Received Interview Waiver Letter

10/8/14: Called USCIS and was allowed to file a Service Request since we're outside of normal processing times for our local office. Should have a response in 15-30 days.

10/29/14: Received letter (dated 10/27/14, exactly 1 day before the 6 month mark) stating that our case would be transferred to the Houston field office for processing.

11/28/14: Received letter (dated 11/20/14) stating that our case had been received at the Sacremento office and would be processed there and if we don't hear from them in 60 days to contact NVC.

12/9/14: Card is in production

12/16/14: 2 year card in hand!

Share this post


Link to post
Share on other sites

Hi,

The OP did say that he got married within the 90 days he is now concerned about AOS.

OP: Your wife isn't illegal, she is only out of status. That said, you can apply for AOS at anytime and as the spouse of a USC her out of statusness (don't think that's a word) lol is forgiven. The important thing is that you married within the 90 days. Although, now that you have two kids, you do need to meet the poverty level requirements based on your new household size. The fee to apply for AOS is $1070 and she can submit the EAD/AP forms for free as part of the AOS application. Even if she doesn't need to work or travel, she should get them.


Also, the fact that you waited so long means that her medical is expired, so that's another expense and she may need vaccines too.


This does not constitute legal advice.

Share this post


Link to post
Share on other sites

Sorry missed that line!


K1

3/13/13: Filed K1 Application

3/20/13: NOA1

7/12/13: RFE

8/5/13: RFE Reply

8/26/13: NVC Received

9/4/13: Packet 4 received via email

9/23/13: Fiancee received his hard Packet 4

12/5/13: Interview, Visa Aprobada!

12/12/13: Visa Received

12/13/13: Entry into US

AOS

1/15/14: Filed AOS

1/22/14: NOA

2/13/14: Biometrics Appointment

3/25/14: EAD and AP Approved

3/31/14: EAD/AP Combo Card Received

4/28/14: Received Interview Waiver Letter

10/8/14: Called USCIS and was allowed to file a Service Request since we're outside of normal processing times for our local office. Should have a response in 15-30 days.

10/29/14: Received letter (dated 10/27/14, exactly 1 day before the 6 month mark) stating that our case would be transferred to the Houston field office for processing.

11/28/14: Received letter (dated 11/20/14) stating that our case had been received at the Sacremento office and would be processed there and if we don't hear from them in 60 days to contact NVC.

12/9/14: Card is in production

12/16/14: 2 year card in hand!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...