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RogerB

How long do I have to file AoS?

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Filed: K-1 Visa Country: United Kingdom
Timeline

There has been a delay with the vaccinations as when I went to see a civil surgeon the TB skin test came back positive and although I do not have TB, I need to go to the TB clinic to be looked at and then get a TB innoculation (I had one as a kid but I need a booster, apparently). The problem is that the earliest appointment is not until 6th January 2015. I entered the US on the 23rd September this year so the 90 days will be up. We got married in October. Do I have a problem?

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Filed: Country: Mexico
Timeline

You should not have needed to get another TB test from a civil surgeon. You were already tested for TB at your K-1 medical. A new medical was not necessary. Anyway, what is done is done.

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. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.


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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