Jump to content
Pearl1973

Holding off filing AOS from K-1 Fiance Visa question

52 posts in this topic

Recommended Posts

Hey everyone, hope you can help with my question:

Please see my timeline for reference.

Question: How long can I wait to file for AOS for my husband who came on a K-1 fiancé visa? We were married within 90 days of his arrival and his 1-94 expires in September. He has done some questionable things since moving here that has made me very concerned of his real intentions. Basically, I'm wondering if he is using me to get a green card. I am not sure what the answer it to that. I do not want to make any hasty decision for now. So I would like to wait it out and see what is really going on and try to get some more information or see if I can trust him again. We are getting counselling and hopefully it helps. How long can I hold off the AOS application before he is considered out of status and I can no longer adjust without some type of fine or him having to go back to his country? His visa was issued in June 2016. I know me not filing means he cannot work for a while but I would rather go with that option than be on the hook for the Affidavit of support when the guy is long gone. Also, how long are his medicals (done via K-1 petition) valid for? I would like to avoid paying another fee for medicals.

The guy has put me through a lot already and I am really afraid to file until I am really sure that he is here for me not for a green card.

Thank you so much for your time.


Share this post


Link to post
Share on other sites

As long as you married within the 90 days, you have fulfilled the K1 visa requirements.

There is no fix timeframe to file for AOS.

Medicals from K1 visa are valid for 1 year.

Once the I-94 expires, he is at risk of being deported for being out-of-status.

----------------------------------------------------------------

Sometimes, you have to trust your gut feelings.

If he is up to not good, leave him.

As a K1 holder, he can only adjust status through the USC I-129F petitioner.


Done with K1, AOS and ROC

Share this post


Link to post
Share on other sites

For your own benefit take as long as you need. You married within the 90 day timeframe.

There are cases where people started the AOS years after getting married.

You should not worry about paying for a new medical if need be. If you need the time to be sure about your marriage then paying a fee to redo the medical again will be small change compared to the risk of staying in a fraudulent marriage.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites

Sorry to hear that. Take as long as you need no hurry!


K-1 + K-2:                                                                                                                         AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/09/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/09/18.....ROC window opens

 

Share this post


Link to post
Share on other sites

Get rid of him and send him home. I regret filing AOS for my wife. It was a waste of $1,070. If he is acting up now, picture how much ####### he can pull when he has a work permit and 2 year green card. If it starts out badly it will just get worse. When I was in your position, my thinking was, she is adjusting, when she works it will get better etc. That was not the case. If there is no "honeymoon" during the honeymoon phase, you have nothing but an expensive lesson like I have.

Pm me if you want to talk privately and compare notes

Edited by Lee&Ana

Share this post


Link to post
Share on other sites

Honestly, if you have that feeling when you should be in the honey moon phase of your relationship, then def keep going to counselling but you gut may be right.

Either way, you can hold off on AOS as long as you'd like. Just remember, the longer you wait, the more overstay he will accrue once his I-94 has expired. Some people wait years to do it, just make sure he doesn't commit any crimes or get caught per se by anyone who may notice that he's no longer in status.

Merrytooth has given all the right answers.


Again though, keep trying counselling, but it is helpful to note that no one really should be needing counselling a month or two into a marriage. Premarital maybe just to be sure, but not actual relationship counselling. I wish you the best and I hope it works out in what ever way is best for you and yours.


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension recieved (Courtesy Copy)

09/18/18 - Request for official 18 month extension
 

Share this post


Link to post
Share on other sites

Sorry to hear that, hope it works out for you but don't settle, raise the standard !


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.

 

Share this post


Link to post
Share on other sites

Thank you all for your responses....my sentiments exactly - we should be in our honeymoon phase. It really breaks my heart to have to do hold off the AOS process or even come on this forum and ask such questions after everything I went through during the K-1 process and the financial commitment I put towards the process and for him and for us and now I am questioning things or his intentions. How can someone come here and start blocking you on facebook and on his phone? what are you hiding?


Share this post


Link to post
Share on other sites

Thank you all for your responses....my sentiments exactly - we should be in our honeymoon phase. It really breaks my heart to have to do hold off the AOS process or even come on this forum and ask such questions after everything I went through during the K-1 process and the financial commitment I put towards the process and for him and for us and now I am questioning things or his intentions. How can someone come here and start blocking you on facebook and on his phone? what are you hiding?

He is blowing his own wife (you) on facebook and on the phone? :-O


K-1 + K-2:                                                                                                                         AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/09/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/09/18.....ROC window opens

 

Share this post


Link to post
Share on other sites

Yes...imagine that. He did not even want to post our wedding pictures.

Wow that is a HUGE flag alone to me! I would want someone to be happy to share such a joyous day! I mean all the struggles and hurdles we go through of living miles apart, only to get married to the love of our lives!

I had a similar situation but it was my boyfriend who I immigrated from the US to Canada, but once my gut told me something was up, and I couldn't see myself growing old with him - as hard as it was, I ended it and he got deported.

It was the BEST decision of my life, a couple years later, someone I was friends with through the art community - became my husband, he's my soulmate and the love of my life and I've never been happier. Please PM me on here to talk, you're not alone in this


USCIS Process:

Sent I-130 (via Canada Post): Feb 29, 2016

NOA1 hardcopy received: March 16, 2016

NOA2 approval text & email: June 9, 2016

-------------------------------------------------------

NVC Process:

Case number and IIN Assigned: July 5, 2016

Choice of Agent (DS-261) completed: July 6, 2016

IV application (DS-260) completed: July 12, 2016

Sent AOS & IV packets (Electronic Processing): July 14, 2016

CC: July 20, 2016

Medical: September 13, 2016

Interview: September 19, 2016 APPROVED!

POE: October 31, 2016

-------------------------------------------------------

ROC Process:

Submitted I-751 (USPS Overnight): August 2, 2018

Application received at VSC : August 3, 2018

Payment cashed (personal check): August 9, 2018

Share this post


Link to post
Share on other sites

Thank you all for your responses....my sentiments exactly - we should be in our honeymoon phase. It really breaks my heart to have to do hold off the AOS process or even come on this forum and ask such questions after everything I went through during the K-1 process and the financial commitment I put towards the process and for him and for us and now I am questioning things or his intentions. How can someone come here and start blocking you on facebook and on his phone? what are you hiding?

Yes, girl, if you have any hesitations just wait it out a bit. Since my fiance's arrival in July he has given me his cell phone password and doesn't hide anything. Please look out for yourself. As you said you have already put alot of money, effort, and time into this process. Signing those AOS papers will put you on the hook for even more. Follow your instincts. You can resolve the AOS issue later if he changes his behavior. Sorry, this should be such a happy time. :( Good Luck!

Edited by LionessDeon

Share this post


Link to post
Share on other sites

Yes...imagine that. He did not even want to post our wedding pictures.

So sorry to hear that! ... I know how happy you were to get him here :(


K-1 + K-2:                                                                                                                         AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/09/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/09/18.....ROC window opens

 

Share this post


Link to post
Share on other sites

Yes...imagine that. He did not even want to post our wedding pictures.

That could be a cultural thing, I am not sure where your husband is from. I know my husband does not and will not post any pictures of me on his FB page, and I am not bothered by that at all. The blocking you and other behavior is abnormal.

I would definitely say trust your gut-it will not get better. I am sorry you are going through this.


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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
- 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.
×