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Hi all,

I came to the US with my approved K1 visa on May 31st 2014 and my husband and I married on August 9th 2014. We are filling out the paperwork for the AoS now, but I am starting to worry I am not supposed to be in the US or that we have waited too long. Are there rules on this? The only reason we delayed was for money reasons.

Thanks in advance!

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Hi all,

I came to the US with my approved K1 visa on May 31st 2014 and my husband and I married on August 9th 2014. We are filling out the paperwork for the AoS now, but I am starting to worry I am not supposed to be in the US or that we have waited too long. Are there rules on this? The only reason we delayed was for money reasons.

Thanks in advance!

Of course you can stay. In fact, if you are leave before got at least AP on hands then you have to start over again and file for a spousal visa if you wanted to come and stay in the US. There are many people delayed their AoS for money reasons. If you already have filed your I-485, please carry with your NOA-1, passport, and marriage certificate.


Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

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If you came on a K-1 visa, your period of authorized stay was 90 days. Every day beyond that was staying without authorization. This would lead to a ban, should you have left the country before adjusting status. As the spouse of a USC, you can still apply to directly adjust status as long as you married within the first 90 days of entry. All unauthorized stay days are forgive and your green card will be issued, as long as you qualify for it. Some people actually end up getting a 10 year green card because they wait so long to adjust status. If you've been married for 2 years before they adjudicate your case, you should get a 10 year card.


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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You're fine. You married within 90 days and you're now gong through with your AOS. Congrats and good luck!

Thank you both a lot. My husband had said someone from his workplace had said the same thing, but it's nice to hear it from people here in VJ. Sometimes I get funny ideas in my head and freak out that I'm going to be sent back to Australia for us delaying this.. Hah.

"If you already have filed your I-485, please carry with your NOA-1, passport, and marriage certificate."

Are you saying here once I have filed the AoS that I should always carry these items with me regardless? Just clarifying.

Thanks again, everyone.

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Thank you both a lot. My husband had said someone from his workplace had said the same thing, but it's nice to hear it from people here in VJ. Sometimes I get funny ideas in my head and freak out that I'm going to be sent back to Australia for us delaying this.. Hah.

"If you already have filed your I-485, please carry with your NOA-1, passport, and marriage certificate."

Are you saying here once I have filed the AoS that I should always carry these items with me regardless? Just clarifying.

Thanks again, everyone.

Just in case you have been stopped by police. There are a lot cases here when people got stopped especially if they are live in the border. It is just a precaution act.


Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

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Filed: AOS (pnd) Country: Australia
Timeline

same thing happened to me (and i have the same thoughts about being sent home! lol), i just received my NOA1 the other day so you should be fine. The only issue is if your medical was over 12 months ago they may make you take another one. I'm not sure if it's 12mths from when they accept your AOS or from when they start to process it...someone else might know?


K1 Journey
20th May 2013: I-129F sent to Dallas (US time)
23rd May 2013: Paperwork tracked and delivered to Dallas (US time)
28th May 2013: NOA1 case sent to Vermont Service Centre (US time)
4th Sept 2013: Update from USCIS-Case has been transferred to a local USCIS office...not sure which one yet
9th Sept 2013: Update from USCIS- file has been transferred and is now being processed at Texas USCIS office
23rd Sept 2013: NOA2- approved!
25th Sept 2013: Case shipped to DOS
9th Oct 2013: Packet 3 arrived via email
9th Oct 2013: Fingerprints done and Police check submitted to AFP (received in mail 30/10/13)
1st Nov 2013: Medical Appointment, (Melb) (results received in mail 15/11/13)

4th Nov 2013: Packet 3 sent to US Consulate, Sydney

5th Nov 2013: Packet 3 delivered to Sydney

8th Nov 2013: Received packet 4

19th Nov 2013: Interview scheduled- APPROVED dancin5hr.gif ...happy birthday for Joe! (visa received in mail 22/11/13)

Total K1 processing time- 6months, 3 days

30th Dec 2013: Entered the USA! POE: Dallas

8th March 2014 MARRIED! (L)

AOS:

7th Oct 2014: After unexpected delays, AOS package finally sent to Chicago

14th Oct 2014: Update received, I-485 accepted on 9th Oct and being processed at the National Benefits Centre

6th Nov 2014: Biometrics appointment scheduled and completed

16th Jan 2015: Letter received stating possible Interview Waiver. Informed there's a 6mth delay on processing

7th Aug 2015: Notice of Intent to deny received. Reasons given- expired Medical and new G-325A needed

11th Aug 2015: New medical completed

14th Aug 2015: Response to RFE sent back to USCIS

23rd Aug 2015: Application to Adjust status approved, Green card has been ordered

3rd Sept 2015: Greencard RECEIVED (yes it is Green!) :no:

Total AOS Processing time- 11 months

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Filed: Country: Monaco
Timeline

We'd never do that! We'd deport you to Mexico instead, just FSAG...

Thank you both a lot. My husband had said someone from his workplace had said the same thing, but it's nice to hear it from people here in VJ. Sometimes I get funny ideas in my head and freak out that I'm going to be sent back to Australia for us delaying this.. Hah.

"If you already have filed your I-485, please carry with your NOA-1, passport, and marriage certificate."
Are you saying here once I have filed the AoS that I should always carry these items with me regardless? Just clarifying.

Thanks again, everyone.

same thing happened to me (and i have the same thoughts about being sent home! lol), i just received my NOA1 the other day so you should be fine. The only issue is if your medical was over 12 months ago they may make you take another one. I'm not sure if it's 12mths from when they accept your AOS or from when they start to process it...someone else might know?


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www.ffrf.org




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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to Adjustment of Status (Green Card) from Family Based Visas, from K-1 Fiance(e) Visa Process & Procedures~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: AOS (pnd) Country: Australia
Timeline

We'd never do that! We'd deport you to Mexico instead, just FSAG...

LOL! thanks JohnR...Mexico is on my list of places to visit :))


K1 Journey
20th May 2013: I-129F sent to Dallas (US time)
23rd May 2013: Paperwork tracked and delivered to Dallas (US time)
28th May 2013: NOA1 case sent to Vermont Service Centre (US time)
4th Sept 2013: Update from USCIS-Case has been transferred to a local USCIS office...not sure which one yet
9th Sept 2013: Update from USCIS- file has been transferred and is now being processed at Texas USCIS office
23rd Sept 2013: NOA2- approved!
25th Sept 2013: Case shipped to DOS
9th Oct 2013: Packet 3 arrived via email
9th Oct 2013: Fingerprints done and Police check submitted to AFP (received in mail 30/10/13)
1st Nov 2013: Medical Appointment, (Melb) (results received in mail 15/11/13)

4th Nov 2013: Packet 3 sent to US Consulate, Sydney

5th Nov 2013: Packet 3 delivered to Sydney

8th Nov 2013: Received packet 4

19th Nov 2013: Interview scheduled- APPROVED dancin5hr.gif ...happy birthday for Joe! (visa received in mail 22/11/13)

Total K1 processing time- 6months, 3 days

30th Dec 2013: Entered the USA! POE: Dallas

8th March 2014 MARRIED! (L)

AOS:

7th Oct 2014: After unexpected delays, AOS package finally sent to Chicago

14th Oct 2014: Update received, I-485 accepted on 9th Oct and being processed at the National Benefits Centre

6th Nov 2014: Biometrics appointment scheduled and completed

16th Jan 2015: Letter received stating possible Interview Waiver. Informed there's a 6mth delay on processing

7th Aug 2015: Notice of Intent to deny received. Reasons given- expired Medical and new G-325A needed

11th Aug 2015: New medical completed

14th Aug 2015: Response to RFE sent back to USCIS

23rd Aug 2015: Application to Adjust status approved, Green card has been ordered

3rd Sept 2015: Greencard RECEIVED (yes it is Green!) :no:

Total AOS Processing time- 11 months

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LOL! thanks JohnR...Mexico is on my list of places to visit :))

Well broke is not the way to visit Mexico, particularly in much of the border regions.

You actually need your passport and NOA1 letter for the I-485 to prove authorized stay in the USA. You passport, expired I-94, and marriage license only proves you're in the USA without authorization but married to an American. You could still be detained, and worst case is they convince you to sign some document where you admit breaking some immigration law.


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: AOS (pnd) Country: Australia
Timeline

Thanks JohnR, will be sure to carry all 3 docs


K1 Journey
20th May 2013: I-129F sent to Dallas (US time)
23rd May 2013: Paperwork tracked and delivered to Dallas (US time)
28th May 2013: NOA1 case sent to Vermont Service Centre (US time)
4th Sept 2013: Update from USCIS-Case has been transferred to a local USCIS office...not sure which one yet
9th Sept 2013: Update from USCIS- file has been transferred and is now being processed at Texas USCIS office
23rd Sept 2013: NOA2- approved!
25th Sept 2013: Case shipped to DOS
9th Oct 2013: Packet 3 arrived via email
9th Oct 2013: Fingerprints done and Police check submitted to AFP (received in mail 30/10/13)
1st Nov 2013: Medical Appointment, (Melb) (results received in mail 15/11/13)

4th Nov 2013: Packet 3 sent to US Consulate, Sydney

5th Nov 2013: Packet 3 delivered to Sydney

8th Nov 2013: Received packet 4

19th Nov 2013: Interview scheduled- APPROVED dancin5hr.gif ...happy birthday for Joe! (visa received in mail 22/11/13)

Total K1 processing time- 6months, 3 days

30th Dec 2013: Entered the USA! POE: Dallas

8th March 2014 MARRIED! (L)

AOS:

7th Oct 2014: After unexpected delays, AOS package finally sent to Chicago

14th Oct 2014: Update received, I-485 accepted on 9th Oct and being processed at the National Benefits Centre

6th Nov 2014: Biometrics appointment scheduled and completed

16th Jan 2015: Letter received stating possible Interview Waiver. Informed there's a 6mth delay on processing

7th Aug 2015: Notice of Intent to deny received. Reasons given- expired Medical and new G-325A needed

11th Aug 2015: New medical completed

14th Aug 2015: Response to RFE sent back to USCIS

23rd Aug 2015: Application to Adjust status approved, Green card has been ordered

3rd Sept 2015: Greencard RECEIVED (yes it is Green!) :no:

Total AOS Processing time- 11 months

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Filed: Timeline

same thing happened to me (and i have the same thoughts about being sent home! lol), i just received my NOA1 the other day so you should be fine. The only issue is if your medical was over 12 months ago they may make you take another one. I'm not sure if it's 12mths from when they accept your AOS or from when they start to process it...someone else might know?

From: http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:​

The medical examination did not reveal a Class A medical condition; or ​

The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions.​ [27]

There was a policy update for the validity of the I-693: http://www.uscis.gov/policymanual/Updates/20140530-I-693Validity.pdf

But since people adjusting from K-1 don't submit the I-693 (unless there was an issue with their original medical/vaccination records), I don't believe this is relevant to us. That said, it doesn't mean that the adjudicating officer won't interpret it differently. I'd say that as long as you submit AOS asap after you get married, you should be fine. If you leave it for a year or two, the plus side is that you'll likely get the 10-year green card as previously mentioned (if you've been married for two years), but you "might" be asked to do another medical depending on who adjudicates your case.

Edited by landr

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