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meggy91224

Adjustment of status...Worried about meeting 90 day limit to marry...is this enough time?

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Hey, guys! My fiance will come to the US tomorrow and I'm just reading through everything to become familiar with the process. It doesn't look like we will be able to get married until mid-July. He is arriving 5/13/15. The 90 days will be up 8/13/15. If we get married 7/13/15, that leaves us a month to submit everything for adjustment of status. Is this feasible? Can we get everything done in a month? Any suggestions on what to work on first and get done before we marry would be helpful. Any suggestions? I have looked through the guides on here.

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You just have to get married within the 90 days not apply for aos, some people have to wait longer before they apply because of finacial reasons but just know they will be out of status and cannot work until you are able to apply .

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Yes, that will be enough time. Before marriage you can get his SSN. Print all the forms out and re read the supporting documents requirement and

line it all up. If his vaccs are not complete then get them done, if marked complete then you don't have to.

There is no time limit for AOS just get it done, even if you would be a few weeks late it will be forgiven.

Make sure you also apply for EAD and AP.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Hey, guys! My fiance will come to the US tomorrow and I'm just reading through everything to become familiar with the process. It doesn't look like we will be able to get married until mid-July. He is arriving 5/13/15. The 90 days will be up 8/13/15. If we get married 7/13/15, that leaves us a month to submit everything for adjustment of status. Is this feasible? Can we get everything done in a month? Any suggestions on what to work on first and get done before we marry would be helpful. Any suggestions? I have looked through the guides on here.

Hi meggy91224,

Yes one month is enough I myself did marry my fiance now husband after a month and it's definitely fine. After 2 weeks of your stay here, you can get your SSN right ahead so that you can work on opening joint accounts like bank account and some city hall also asked about SSN on marriage license if you're going to do a civil wedding with them.

You can also double check all the requirements needed for Adjustment of Status here on this site so that you can already prepare the paper works ahead of time. (like vaccination reports if you need one, pictures, wedding venue and reception ) That's what I did and have submitted everything on time :) God Bless on your new lifelong adventure :)

Edited by sweet01

710-23-2014 - K1 interview (Phils): Approved
10-31-2014 - K1 Visa received
01-20-2015 - POE
02-20-2015 - Marriage
03-20-2015 - AOS/EAD/AP Packet Submission (day 0) ** date I submitted ***
03-24-2015 - NOA1 received (day 4)
03-27-2015 - NOA1 hard copies received (day 7)
04-06-2015 - Biometrics letter hard copy received (day 17)
04-16-2015 - Biometrics Appointment (day 27)
05-01-2015 - USCIS changed to Interview is scheduled (day 42)
05-06-2015 - Hardcopy of interview notice received ( I-797 C, NOA) (day 46)
06-02-2015- Conditional GC got approved (day 82) 
06-08-2015- Hard copy of Welcome notice received via mail (day 88)
06-10-2015- Actual GC received via mail  (day 90)
ROC
4/06/17 - Sent package (day 0)
4/7/17 -  USCIS received package (day 1) NOA date
4/14/17 - check encashed (day 😎
4/15/17 - NOA 1 received (day 9)
4/22/17 - Biometrics notice date (day 16)
4/29/17 - Biometrics notice letter received (day 23)
5/9/17 - Biometrics done (day 33)
3/19/18 - Case approved
3/23/18 - Approval letter received
4/6/18 - Actual 10-yr GC received 
N400 (under 3-year rule)
4/27/18 - filed N400 online (Friday) (day 0)
4/27/18 - paid/payment received (day 0)
4/27/18 - NOA date
5/21/18 - Biometrics done
7/25/18 - Interview letter date
8/31/18 - Scheduled interview. Got approved!
9/20/18 - Naturalization ceremony in Faneuil Hall, Boston, MA
 
"Seasons of waiting are designed to prepare you, stretch your faith, and get you ready for everything that's coming next" - curiano quotes life

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Fill out and do everything you can before you marry, then finish it all off and add in the copy of your marriage certificate.

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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Hi meggy91224,

Yes one month is enough I myself did marry my fiance now husband after a month and it's definitely fine. After 2 weeks of your stay here, you can get your SSN right ahead so that you can work on opening joint accounts like bank account and some city hall also asked about SSN on marriage license if you're going to do a civil wedding with them.

You can also double check all the requirements needed for Adjustment of Status here on this site so that you can already prepare the paper works ahead of time. (like vaccination reports if you need one, pictures, wedding venue and reception ) That's what I did and have submitted everything on time :) God Bless on your new lifelong adventure :)

1. You can get your SSN the day after you arrive. There is no need to wait 2 weeks now.

2. Even though some city halls ask about SSN for marriage license on their applications, in reality they don't have that requirement now for foreigners (assuming they can provide a passport instead).

OP- as everyone else has stated, you should have plenty of time to file for the AOS. We just sent our in last week, and I think it took us a couple weeks to put together (including getting additional passport photos mailed to us). Had we been more dilligent and focused, I think we could have done it in half that time.


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

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We were married then sent in the AOS paperwork three days after the marriage (they received it 9 days after marriage). There was no problem except for the backlog we are now experiencing.

We read the guides here, so we would know what was expected prior to his arrival. I filled out all the paperwork prior to the marriage, my husband made sure he had all the paperwork he had to provide, and there were just a few things that we added after the marriage (one was the certificate). Our biggest problem was the I-94 copy because they typed his name in the system differently that we did. We had to call to get it corrected then printed it out. Other than that, everything went smoothly. We received our EAD/AP combo card within the 90 days, and we eventually received the Potential Interview Waiver letter. So, with you having a month after the marriage, I'd say you have plenty of time!


ROC

3.6.2017     Mailed I-751

3.7.2017     NOA sent

3.23.2017   Biometrics Appointment

2.26.2018   I-751 Transferred to Local Office

3.5.2018     I-751 Received in Local Office

5.1.2018     Case Transferred; Preliminary Review Done; transferred to NBC in Lee's Summit, MO

5.3.2018     Case Transferred

7.24.2018   Joint interview approved

7.30.2018   Green Card received

Naturalization

3.15.2018   Filed N 400 Online

3.15.2018   USCIS sent the receipt

3.16.2018   USCIS sent biometrics letter

6.14.2018   Interview Notice sent

7.24.2018   Naturalization Interview; approved

9.26.2018   Oath Ceremony Scheduled

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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.

I am wondering if we may face the same thing as the OP, but we may file very closely to the 90 days. So from what everyone is posting, we don't need to adjust status within the 90 days? That is awesome; good to know. However, why do you say there is no deadline to adjust when unlawful presence begins to accrue? When our fiance gets here, they are non-immigrant, then when we marry, they become eligible for immigrant status, right? Let me ask it this way: How long is 'acceptable' unlawful presence to avoid any negative repercussions in our migration journey? The new spouse can still attend school? Are they open for deportation?


K-1 fiance visa journey

 

July 22, 2014 - First connection through website ** March 4, 2015 - First meeting in person in a third country (first visa stress!) ** March 18, 2015 - Sent Form I-129F ** March 19, 2015 - Received by Dallas Lockbox at 8:09 AM CST ** March 24, 2015 - Received USCIS receipt confirmation text and e-mail at 9:04 PM CST - NOA1 ** April 7, 2015 - Received USCIS approval confirmation text and e-mail at 9:30 PM CST - NOA2 ** April 24, 2015 - Called NVC and confirmed receipt ** April 25, 2015 - CEAC.GOV reflecting embassy number as 'In NVC' ** April 29, 2015 - CEAC.GOV reflecting embassy number as 'In Transit' ** May 5, 2015 - Petition arrived at embassy - 'Ready' status ** June 14, 2015 - Received Packet 3 and 4 (Interview and document list combined) ** June 29, 2015 - Medical exam ** July 7, 2015 - Embassy interview!!...then...CEAC.GOV reflecting embassy number as 'Administrative Processing' ** August 4, 2015 - Received call from US Embassy to drop off his passport!! ** September 3, 2015 - CEAC.GOV reflecting embassy number as 'Ready' and Nonimmigrant!!!!!!! TOMORROW!.....no...still waiting... ** October 13, 2015 - CEAC.GOV reflecting 'Administrative Processing' ** October 15, 2015 - CEAC.GOV now says 'Issued' !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

November 10, 2015 - Dallas POE! He's here

November 16, 2015 - Our marriage :)

Adjustment of Status journey ~ ROC Date December 21, 2017 ~

 

December 9, 2015 - Mailed AOS package (Day 0) ** December 10, 2015 - Received by Chicago Lockbox at 1:06 PM CST (Day 1) ** December 14, 2015 - Initiated county name change petition ** December 22, 2015 - Received USCIS receipt confirmation text and e-mail at 11:34 PM CST - NOA (Day 13) ** January 4, 2016 - Additional information delivered to NBC at 10:10 AM CST (Day 26) ** January 11, 2016 - Fingerprint fee accepted for Form I-485 (Day 33) ** January 19, 2016 - Received Selective Service registration card ** January 20, 2016 - Service request initiated and completed for biometric appointment (Day 42) ** January 23, 2016 - Received biometric letter dated January 16, 2016 (Day 45) ** February 5, 2016 - Biometric appointment (Day 58) ** February 19, 2016 - Request for Initial Evidence for EAD/AP (Day 72) ** February 25, 2016 - Received RFIE (Day 78) ** February 26, 2016 - Mailed response to RFIE (Day 79) ** February 29, 2016 - Response to RFE delivered to NBC at 11:06 AM CST (Day 82) ** March 3, 2016 - EAD status update to RFE response received March 1, 2016 (Day 85) ** March 4, 2016 - EAD/AP approved/card being produced (Day 86) ** March 9, 2016 - EAD/AP card mailed (Day 91) ** March 12, 2016 - EAD/AP received (Day 94) ** March 21, 2016 - GC approved/card being produced (Day 103) ** March 24, 2016 - GC mailed and name change completed (should have been February 4, 2016...) (Day 106) ** March 26, 2016 - Conditional GC received (Day 108)

Removal of Conditions journey ~ USC Date December 21, 2018 ~

Spoiler

December 21, 2017 - Mailed ROC package (Day 0) ** December 26, 2017 - Received by Laguna Niguel Lockbox  at 12:40 PM CST (Day 1) ** January 2, 2018 Check cashed (Day 7) ** January 6, 2018 Received NOA1 dated December 26, 2017 (Day 11) ** February 13, 2018 - Service request initiated for biometric appointment (Day 49) ** February 23, 2018 - Received service request letter response dated January 19, 2018 instructing us to wait (Day 59) ** March 5, 2018 - Case Received at Local Office (Day 69) ** June 15, 2018 - Case Transferred to Another Office (Day 171) ** June 18, 2018 - Case Transferred and New Office Has Jurisdiction (Day 174) ** August 24, 2018 - Rec'd extended NOA1 dated August 18, 2018 (Day 241) **

 

 

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I am wondering if we may face the same thing as the OP, but we may file very closely to the 90 days. So from what everyone is posting, we don't need to adjust status within the 90 days? That is awesome; good to know. However, why do you say there is no deadline to adjust when unlawful presence begins to accrue? When our fiance gets here, they are non-immigrant, then when we marry, they become eligible for immigrant status, right? Let me ask it this way: How long is 'acceptable' unlawful presence to avoid any negative repercussions in our migration journey? The new spouse can still attend school? Are they open for deportation?

1- Yes, they become eligible after you become legally married.

2- Depends. Indefinitely, but if you're somewhere in the Southwest and come across a checkpoint, you might have some problems.

3- I don't know anything about school

4- Yes, but very unlikely.

Previous threads on that topic:

http://www.visajourney.com/forums/topic/256475-aos-for-k1-visa-holder-after-90-days-from-entry/

http://www.visajourney.com/forums/topic/335570-urgent-advice-needed-filling-the-adjustment-of-status-after-90-days/

http://www.visajourney.com/forums/topic/501735-what-to-do-after-k1-us-entry90-days/

http://www.visajourney.com/forums/topic/491665-filing-aos-after-90-days/


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

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usmsbow = master researcher!


K-1 fiance visa journey

 

July 22, 2014 - First connection through website ** March 4, 2015 - First meeting in person in a third country (first visa stress!) ** March 18, 2015 - Sent Form I-129F ** March 19, 2015 - Received by Dallas Lockbox at 8:09 AM CST ** March 24, 2015 - Received USCIS receipt confirmation text and e-mail at 9:04 PM CST - NOA1 ** April 7, 2015 - Received USCIS approval confirmation text and e-mail at 9:30 PM CST - NOA2 ** April 24, 2015 - Called NVC and confirmed receipt ** April 25, 2015 - CEAC.GOV reflecting embassy number as 'In NVC' ** April 29, 2015 - CEAC.GOV reflecting embassy number as 'In Transit' ** May 5, 2015 - Petition arrived at embassy - 'Ready' status ** June 14, 2015 - Received Packet 3 and 4 (Interview and document list combined) ** June 29, 2015 - Medical exam ** July 7, 2015 - Embassy interview!!...then...CEAC.GOV reflecting embassy number as 'Administrative Processing' ** August 4, 2015 - Received call from US Embassy to drop off his passport!! ** September 3, 2015 - CEAC.GOV reflecting embassy number as 'Ready' and Nonimmigrant!!!!!!! TOMORROW!.....no...still waiting... ** October 13, 2015 - CEAC.GOV reflecting 'Administrative Processing' ** October 15, 2015 - CEAC.GOV now says 'Issued' !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

November 10, 2015 - Dallas POE! He's here

November 16, 2015 - Our marriage :)

Adjustment of Status journey ~ ROC Date December 21, 2017 ~

 

December 9, 2015 - Mailed AOS package (Day 0) ** December 10, 2015 - Received by Chicago Lockbox at 1:06 PM CST (Day 1) ** December 14, 2015 - Initiated county name change petition ** December 22, 2015 - Received USCIS receipt confirmation text and e-mail at 11:34 PM CST - NOA (Day 13) ** January 4, 2016 - Additional information delivered to NBC at 10:10 AM CST (Day 26) ** January 11, 2016 - Fingerprint fee accepted for Form I-485 (Day 33) ** January 19, 2016 - Received Selective Service registration card ** January 20, 2016 - Service request initiated and completed for biometric appointment (Day 42) ** January 23, 2016 - Received biometric letter dated January 16, 2016 (Day 45) ** February 5, 2016 - Biometric appointment (Day 58) ** February 19, 2016 - Request for Initial Evidence for EAD/AP (Day 72) ** February 25, 2016 - Received RFIE (Day 78) ** February 26, 2016 - Mailed response to RFIE (Day 79) ** February 29, 2016 - Response to RFE delivered to NBC at 11:06 AM CST (Day 82) ** March 3, 2016 - EAD status update to RFE response received March 1, 2016 (Day 85) ** March 4, 2016 - EAD/AP approved/card being produced (Day 86) ** March 9, 2016 - EAD/AP card mailed (Day 91) ** March 12, 2016 - EAD/AP received (Day 94) ** March 21, 2016 - GC approved/card being produced (Day 103) ** March 24, 2016 - GC mailed and name change completed (should have been February 4, 2016...) (Day 106) ** March 26, 2016 - Conditional GC received (Day 108)

Removal of Conditions journey ~ USC Date December 21, 2018 ~

Spoiler

December 21, 2017 - Mailed ROC package (Day 0) ** December 26, 2017 - Received by Laguna Niguel Lockbox  at 12:40 PM CST (Day 1) ** January 2, 2018 Check cashed (Day 7) ** January 6, 2018 Received NOA1 dated December 26, 2017 (Day 11) ** February 13, 2018 - Service request initiated for biometric appointment (Day 49) ** February 23, 2018 - Received service request letter response dated January 19, 2018 instructing us to wait (Day 59) ** March 5, 2018 - Case Received at Local Office (Day 69) ** June 15, 2018 - Case Transferred to Another Office (Day 171) ** June 18, 2018 - Case Transferred and New Office Has Jurisdiction (Day 174) ** August 24, 2018 - Rec'd extended NOA1 dated August 18, 2018 (Day 241) **

 

 

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Ha, more like major procrastinator!

You have an excuse: "Hey, I just got married!" Can't we use that as an excuse to put things off??


K-1 fiance visa journey

 

July 22, 2014 - First connection through website ** March 4, 2015 - First meeting in person in a third country (first visa stress!) ** March 18, 2015 - Sent Form I-129F ** March 19, 2015 - Received by Dallas Lockbox at 8:09 AM CST ** March 24, 2015 - Received USCIS receipt confirmation text and e-mail at 9:04 PM CST - NOA1 ** April 7, 2015 - Received USCIS approval confirmation text and e-mail at 9:30 PM CST - NOA2 ** April 24, 2015 - Called NVC and confirmed receipt ** April 25, 2015 - CEAC.GOV reflecting embassy number as 'In NVC' ** April 29, 2015 - CEAC.GOV reflecting embassy number as 'In Transit' ** May 5, 2015 - Petition arrived at embassy - 'Ready' status ** June 14, 2015 - Received Packet 3 and 4 (Interview and document list combined) ** June 29, 2015 - Medical exam ** July 7, 2015 - Embassy interview!!...then...CEAC.GOV reflecting embassy number as 'Administrative Processing' ** August 4, 2015 - Received call from US Embassy to drop off his passport!! ** September 3, 2015 - CEAC.GOV reflecting embassy number as 'Ready' and Nonimmigrant!!!!!!! TOMORROW!.....no...still waiting... ** October 13, 2015 - CEAC.GOV reflecting 'Administrative Processing' ** October 15, 2015 - CEAC.GOV now says 'Issued' !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

November 10, 2015 - Dallas POE! He's here

November 16, 2015 - Our marriage :)

Adjustment of Status journey ~ ROC Date December 21, 2017 ~

 

December 9, 2015 - Mailed AOS package (Day 0) ** December 10, 2015 - Received by Chicago Lockbox at 1:06 PM CST (Day 1) ** December 14, 2015 - Initiated county name change petition ** December 22, 2015 - Received USCIS receipt confirmation text and e-mail at 11:34 PM CST - NOA (Day 13) ** January 4, 2016 - Additional information delivered to NBC at 10:10 AM CST (Day 26) ** January 11, 2016 - Fingerprint fee accepted for Form I-485 (Day 33) ** January 19, 2016 - Received Selective Service registration card ** January 20, 2016 - Service request initiated and completed for biometric appointment (Day 42) ** January 23, 2016 - Received biometric letter dated January 16, 2016 (Day 45) ** February 5, 2016 - Biometric appointment (Day 58) ** February 19, 2016 - Request for Initial Evidence for EAD/AP (Day 72) ** February 25, 2016 - Received RFIE (Day 78) ** February 26, 2016 - Mailed response to RFIE (Day 79) ** February 29, 2016 - Response to RFE delivered to NBC at 11:06 AM CST (Day 82) ** March 3, 2016 - EAD status update to RFE response received March 1, 2016 (Day 85) ** March 4, 2016 - EAD/AP approved/card being produced (Day 86) ** March 9, 2016 - EAD/AP card mailed (Day 91) ** March 12, 2016 - EAD/AP received (Day 94) ** March 21, 2016 - GC approved/card being produced (Day 103) ** March 24, 2016 - GC mailed and name change completed (should have been February 4, 2016...) (Day 106) ** March 26, 2016 - Conditional GC received (Day 108)

Removal of Conditions journey ~ USC Date December 21, 2018 ~

Spoiler

December 21, 2017 - Mailed ROC package (Day 0) ** December 26, 2017 - Received by Laguna Niguel Lockbox  at 12:40 PM CST (Day 1) ** January 2, 2018 Check cashed (Day 7) ** January 6, 2018 Received NOA1 dated December 26, 2017 (Day 11) ** February 13, 2018 - Service request initiated for biometric appointment (Day 49) ** February 23, 2018 - Received service request letter response dated January 19, 2018 instructing us to wait (Day 59) ** March 5, 2018 - Case Received at Local Office (Day 69) ** June 15, 2018 - Case Transferred to Another Office (Day 171) ** June 18, 2018 - Case Transferred and New Office Has Jurisdiction (Day 174) ** August 24, 2018 - Rec'd extended NOA1 dated August 18, 2018 (Day 241) **

 

 

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I am wondering if we may face the same thing as the OP, but we may file very closely to the 90 days. So from what everyone is posting, we don't need to adjust status within the 90 days? That is awesome; good to know. However, why do you say there is no deadline to adjust when unlawful presence begins to accrue? When our fiance gets here, they are non-immigrant, then when we marry, they become eligible for immigrant status, right? Let me ask it this way: How long is 'acceptable' unlawful presence to avoid any negative repercussions in our migration journey? The new spouse can still attend school? Are they open for deportation?

Getting married within 90 days of entry makes you eligible to file for AOS. 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

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.

The K-1 is a special case type of non-immigrant visa, since it actually has immigrant intent. However, it is still a non-immigrant visa and the same rules apply to it as entry with any other non-immigrant visa, except that a K-1 entrant cannot apply to extend the stay on their visa(http://travel.state....ation-date.html). The only difference is that with a K-1, you become eligible to file for AOS when you marry your USC petitioner within 90 days of entry. When your I-94 expires, you are out of status, which is the same as unlawful presence, and once you file for AOS you will be an adjustment applicant and are permitted to stay in the US while waiting for your AOS to be processed.

http://www.state.gov...ation/87120.pdf

9 FAM 40.92 N1 INTERPRETATION OF "UNLAWFUL PRESENCE"

(CT:VISA-1741; 10-13-2011)

a. INA 212(a)(9)(B)(ii) (8 U.S.C. 1182(a)(9)(B)(ii)) provides the following construction for the term "unlawful presence": “… the alien is present in the United States after the expiration of the period of stay authorized by the [secretary of Homeland Security] or is present in the United States without being admitted or paroled." Under this construction, an alien would generally be unlawfully present if he or she entered the United States without inspection, or stayed beyond the date specified on the Form I-94, Arrival and Departure Record, or was found by the Department of Homeland Security (DHS) or an immigration judge or the Board of Immigration Appeals (BIA) to have violated status. However, even aliens fitting into one of these categories may be deemed to be in a period of authorized stay in certain circumstances, as noted below.

b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" as used in the construction of unlawful presence in INA 212(a)(9)(B)(ii) to include:

(1) For aliens inspected and admitted or paroled until a date specified on the Form I-94 or any extension, any period of presence in the United States up until either:

(a) The expiration of the Form I-94 (or any extension); or

(b) A formal finding of a status violation made by DHS or an immigration judge or the BIA in the context of an application for an immigration benefit or in removal proceedings, whichever comes first.

...

(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated);

What documentation the school would ask for is up to the individual school, but most likely many of them will want to see proof of legal status of some sort.

ICE can detain a K-1 entrant that has an expired I-94. It is a rare occurrence, but it has happened. If out of status, avoid checkpoints near the border, and public transportation. http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/


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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That's plenty of time. our timeline: he arrived on a Friday night. We were married on the following Monday and also applied for his SSN. Our AOS paperwork was gathered and sent in on that next Friday. If you plan ahead, it can be done with a very fast turn-around. The only thing people may need more time for is the official copy of their marriage certificate. We specifically asked for an expedited copy at the courthouse where we were married. :) Good luck, and welcome to your fiance! :D


K1 Visa timeline:

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~

02/01/2014 - mailed our petition

07/25/2014 - Johan arrives in Los Angeles! 

*See updated timeline for specific dates.*

AOS timeline:~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~

08/02/2014 - AOS, EAD, AP applications mailed. 

11/17/2014 - K2 gets an interview waiver letter in the mail (dated November 12th) (K1 has never gotten this letter)

08/24/2015 - Green cards are FINALLY in hand after nearly 13 months of waiting. 

ROC timeline: ~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~

05/01/2017 - ROC application sent 

05/02/2017 - CSC receives our package

05/03/2017 - Official NOA1 date

05/10/2017 - MO cashed at our bank

05/12/2017 - NOA 1 is in the mailbox.

05/20/2017 - Biometrics letter in hand

05/31/2017 - biometrics appt (Oxnard, CA)

06/19/2018 - ROC still pending with no news but that wonky glitch back in February, so we went ahead and filed for citizenship

N-400 timeline: ~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~

06/19/2018 - N-400 application filed online

06/20/2018 - NOA1 received online for Naturalization application

06/25/2018 - Biometrics notification online (PDF Document)

07/12/2018 - Biometrics appt (Oxnard, CA)

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My wife and I got married 60 days after she arrived... we had to wait for the marriage certificate and that took more than a month, and we had to save up for the hefty filing fee... we mailed her AOS packet almost 120 days after she arrived... we didn't experience any problems, and she now has her AOS interview scheduled for next month and her EAD/AP was approved two days ago.

As long as you get married within 90 days you should be fine and can file for AOS whenever you are able to do so.

Edited by tolitzpogi

10/25/2008 - Met on Friendster
12/22/2010 - Met in person in the Philippines for the first time

05/18/2013 - Got engaged

K1 Timeline:

02/28/2014 - I-129F Submitted
04/08/2014 - I-129F NOA2 Received

07/03/2014 - SLEC Medical Appointment 1 (Result: Sputum Culture)

09/18/2014 - SLEC Medical Appointment 2 (Result: Passed)

10/14/2014 - K1 Visa Interview (Result: Approved)

10/23/2014 - K1 Visa Issued

11/09/2014 - Entered USA (POE: Los Angeles)

01/02/2015 - Wedding Day

AOS Timeline:

03/02/2015 - I-485 Submitted (with I-765 & I-131)

03/13/2015 - I-485 NOA Received (with NOA for I-765 & I-131)

03/30/2015 - Biometrics Appointment Completed

05/12/2015 - I-785 & I-131 Approved

05/20/2015 - EAD/AP Combo Card Received

06/10/2015 - AOS Interview (Result: Approved)

06/18/2015 - Conditional Green Card Received

ROC Timeline:

05/15/2017 - I-751 Submitted 
05/26/2017 - I-751 NOA Received 
06/13/2017 - Biometrics Appointment Completed

07/18/2017 - Extension NOA Received (one year extension)
03/05/2018 - I-751 Received by Local Office
04/20/2018 - Infopass Appointment (Result: I-551 Stamp on Passport, six-month extension)

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