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Eorop88

Can I file AOS after 90 days on K1 visa?? (merged)

By Eorop88 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Eorop88 Rookie

Eorop88   1

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted (edited)

Hello, my fiance recently got approved for a K1 visa, (so happy for that). She is currently living with me here in the states. We haven't gotten married yet due to time conflicting issues, and wanting family to come for the wedding. Anyways we plan on getting married August 4 which is on day 89. My question is would they're be an issue if we file for aos after the 90 days? I want to be sure there wont be an issue. Would love some feedback and answers. Good luck to all on your journey! 😊

Edited by Penguin_ie
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Eorop88 Rookie

Eorop88   1

Posted
Filed: K-1 Visa Country: Mexico
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visa, (so happy for that). She is currently living with me here in the states. We haven't gotten married yet due to time conflicting issues, and wanting family to come for the wedding. Anyways we plan on getting married August 4 which is on day 89. My question is would they're be an issue if we file for aos after the 90 days? I want to be sure there wont be an issue. Would love some feedback and answers. Good luck to all on your journey! 😊

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Scandi Mentor

Scandi   3,977

Posted
Filed: K-1 Visa Country: Sweden
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No it won't be an issue to file for AOS after the i-94 has expired. Some wait for months and even years, although it's obviously not recommended to wait that long. 

 

I would be a little worried about getting married that late though, anything can happen and you might not actually get married that day (unforseen things can happen, accidents, getting very ill on that day etc). But it's up to you of course. 

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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PrincyE Explorer

PrincyE   87

Posted
Filed: K-1 Visa Country: Ghana
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No, ive seen on here where a lot of people wait months or years to file for the AOS. It just doesn't give your spouse the opportunity to work or travel outside of the USA ect until the AOS has been filled. 

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KULtoATL Experienced

KULtoATL   1,551

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Filed: Lift. Cond. (apr) Country: Malaysia
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Posted

Sure, she can file her AOS after 90 days. A lot of people have done that. However, please note that she will be out of status upon the expiration of the I-94 and in that time she's deportable until she files AOS.

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

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Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
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Confirming what @Scandi said and agree that you are cutting it close. If anything happens (knock on wood) that makes you miss that 90 day window and you will have a bigger problem to deal with.

 

Best to do the AOS as soon as you can after you are married though.

“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 all.” - Unlockable

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Cyberfx1024 Grand Master

Cyberfx1024   7,978

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Filed: Citizen (pnd) Country: Philippines
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35 minutes ago, Eorop88 said:

visa, (so happy for that). She is currently living with me here in the states. We haven't gotten married yet due to time conflicting issues, and wanting family to come for the wedding. Anyways we plan on getting married August 4 which is on day 89. My question is would they're be an issue if we file for aos after the 90 days? I want to be sure there wont be an issue. Would love some feedback and answers. Good luck to all on your journey! 😊

No there is no problem if y'all file for AOS after the 90 day mark. My wife and I did that as well for her AOS after we got married, we filed on day 108 and there was no problem. As others have said as well she will be out of status until y'all file for AOS but it overstay will be forgiven because you two got married and filed for AOS.

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Greenbaum Grand Master

Greenbaum   12,258

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Filed: Citizen (apr) Country: Philippines
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Posted
2 hours ago, Eorop88 said:

Hello, my fiance recently got approved for a K1 visa, (so happy for that). She is currently living with me here in the states. We haven't gotten married yet due to time conflicting issues, and wanting family to come for the wedding. Anyways we plan on getting married August 4 which is on day 89. My question is would they're be an issue if we file for aos after the 90 days? I want to be sure there wont be an issue. Would love some feedback and answers. Good luck to all on your journey! 😊

There are no issues, except that the I-94 has expired putting her in a out of status state and if caught could be sent back BUT I have never heard this happening to anyone so relax. You can marry and file after the 90 days. I just wouldn't go for years as you will run into trouble once you apply for AOS with the possibility that you will be denied. Less then 6 months will not raise any red flags.  Don't think you will be the first.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Penguin_ie Grand Master

Penguin_ie   5,986

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

**** Two threads on the same issue merged and moved to AOS from Family Visa forum, as Op is asking about that part of the process *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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NYCruiser Proficient

NYCruiser   423

Posted
Filed: K-1 Visa Country: Kenya
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Posted

Couple of things. Waiting until the last minute is not a good idea. You have no idea what might happen in that week...sickness of any of you, or the Service Person or JP etc...

 

No you are not deportable after you marry at all. However, it is good to file the AOS asap after you get the marriage certificate. The issue of course is the stiff $1245 AOS fee. Don't forget to apply for the AP and EAD card as well....all 'included' in the AOS fee.

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Suss&Camm Experienced

Suss&Camm   2,213

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Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted (edited)
10 minutes ago, NYCruiser said:

Couple of things. Waiting until the last minute is not a good idea. You have no idea what might happen in that week...sickness of any of you, or the Service Person or JP etc...

 

No you are not deportable after you marry at all. However, it is good to file the AOS asap after you get the marriage certificate. The issue of course is the stiff $1245 AOS fee. Don't forget to apply for the AP and EAD card as well....all 'included' in the AOS fee.

After expiration of i94 and Before filing AOS, a person IS deportable.

 

Which does not mean that they WILL BE... but that they lawfully CAN BE.

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted

Also AOS fee is $1225, ($1140 application + $85 biometrics).

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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David & Diana R Experienced

David & Diana R   1,005

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
22 hours ago, Eorop88 said:

Hello, my fiance recently got approved for a K1 visa, (so happy for that). She is currently living with me here in the states. We haven't gotten married yet due to time conflicting issues, and wanting family to come for the wedding. Anyways we plan on getting married August 4 which is on day 89. My question is would they're be an issue if we file for aos after the 90 days? I want to be sure there wont be an issue. Would love some feedback and answers. Good luck to all on your journey! 😊

Secretly get married in a courtroom.  Then you can have your wedding on whatever date you want.

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