Jump to content
Rodziac

Deadline on Marriage and AoS

14 posts in this topic

Recommended Posts

Hello, I have recently received my K1 visa which gives me time until January 31st to go to USA to get married. I had some questions about the deadline dates on the steps:

1. If I go to USA mid january, can we have the wedding in the following 3 months, for example mid march? Or does everything expire the moment the visa expires?

2. If I do get married mid march, after the visa's expiration date, do I immediately become out of status or does the 3 months to get married allowance cover me until I do my adjustment of status?

 

Thank you.

Share this post


Link to post
Share on other sites

The 30 months (90 days) begins once you enter the USA. As long as you enter the US before the visa expires, then get married and file for AOS within the first 90 days, you will not be out of status. You won't have your green card in hand by the end of the 90 days, but as long as you applied for adjustment of status and have the first NOA1 receipt, you will be fine. 


K1 Visa Process                                                                                                   

Spoiler

 

December 19, 2016: NOA1 receive date 

May 5, 2017: NOA2 hardcopy (still listed as 'received' online...)

May 23, 2017: NVC case number assigned

July 10, 2017: Interview
July 14, 2017: Visa in hand
July 27, 2017: POE at ORD

August 5, 2017: Married!

 

See my 'About Me' section on my profile for a more detailed step by step journey of our K1 Journey through the Casablanca consulate in Morocco

 

AOS Process  

September 8, 2017 : Mailed AOS Packet

September 16, 2017 : NOA1 text/emails (receive date Sept. 12)

October 2, 2017 : Biometrics Appointment

October 13, 2017 : RFIE letter received in mail (they want an English translated Birth Certificate, which we included in the original petition...)

January 24, 2018: EAD/AP Combo Card in hand

August 9, 2018: AOS Interview (Approved)

August 9, 2018: "Card in Production"

August 16, 2018: Green card in hand

 

May 2020: ROC!

Share this post


Link to post
Share on other sites
3 minutes ago, RJandHamid said:

The 30 months (90 days) begins once you enter the USA. As long as you enter the US before the visa expires, then get married and file for AOS within the first 90 days, you will not be out of status. You won't have your green card in hand by the end of the 90 days, but as long as you applied for adjustment of status and have the first NOA1 receipt, you will be fine. 

I'm guessing at the first part you meant 3 months (90 days) :)

Alright, so no matter when I enter US inside the visa's lifetime, even if I enter the USA at the last possible day (not really my plan but just to give an example) I'd have 3 months to both get married and apply for AoS as far as I understand?

I think it takes a long while for the green card to be issued/arrive, what happens to me after I apply for the green card, am I given a document or anything saying I am waiting for a green card?

Share this post


Link to post
Share on other sites
1 minute ago, Rodziac said:

I'm guessing at the first part you meant 3 months (90 days) :)

Alright, so no matter when I enter US inside the visa's lifetime, even if I enter the USA at the last possible day (not really my plan but just to give an example) I'd have 3 months to both get married and apply for AoS as far as I understand?

I think it takes a long while for the green card to be issued/arrive, what happens to me after I apply for the green card, am I given a document or anything saying I am waiting for a green card?

Yes, 3 months, good catch. :P

 

That's correct, you have 3 months starting from the day you step foot in the USA to get married and file the AOS documents. Just like the I-129F petition, you will receive a I-797 receipt (NOA1) that states that they are actively processing your case. 


K1 Visa Process                                                                                                   

Spoiler

 

December 19, 2016: NOA1 receive date 

May 5, 2017: NOA2 hardcopy (still listed as 'received' online...)

May 23, 2017: NVC case number assigned

July 10, 2017: Interview
July 14, 2017: Visa in hand
July 27, 2017: POE at ORD

August 5, 2017: Married!

 

See my 'About Me' section on my profile for a more detailed step by step journey of our K1 Journey through the Casablanca consulate in Morocco

 

AOS Process  

September 8, 2017 : Mailed AOS Packet

September 16, 2017 : NOA1 text/emails (receive date Sept. 12)

October 2, 2017 : Biometrics Appointment

October 13, 2017 : RFIE letter received in mail (they want an English translated Birth Certificate, which we included in the original petition...)

January 24, 2018: EAD/AP Combo Card in hand

August 9, 2018: AOS Interview (Approved)

August 9, 2018: "Card in Production"

August 16, 2018: Green card in hand

 

May 2020: ROC!

Share this post


Link to post
Share on other sites
2 minutes ago, RJandHamid said:

Yes, 3 months, good catch. :P

 

That's correct, you have 3 months starting from the day you step foot in the USA to get married and file the AOS documents. Just like the I-129F petition, you will receive a I-797 receipt (NOA1) that states that they are actively processing your case. 

Thank you for the information :) I was worried about falling out of status so this helped me a lot!

Share this post


Link to post
Share on other sites

When you file for AOS, you should also file for AP/EAD.  After they are approved, A/P would allow you to travel outside the US and EAD would allow you to work while your AOS is pending....Filing AOS allows you to remain "in status".


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites
Just now, missileman said:

When you file for AOS, you should also file for AP/EAD.  After they are approved, A/P would allow you to travel outside the US and EAD would allow you to work while your AOS is pending....Filing AOS allows you to remain "in status".

Oooh alright, thats a useful information! Do you tell them you also want AP and EAD as you apply? Or are they separate processes?

Share this post


Link to post
Share on other sites
4 minutes ago, Rodziac said:

Oooh alright, thats a useful information! Do you tell them you also want AP and EAD as you apply? Or are they separate processes?

Check this guide....http://www.visajourney.com/content/k1k3aos


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites

Please note the content regarding the I-765 and I-131.


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites
5 minutes ago, missileman said:

 

2 minutes ago, missileman said:

Please note the content regarding the I-765 and I-131.

Thank you, I will read about it there and follow the information :)

Share this post


Link to post
Share on other sites

You don't have to file within 90 days. Just get married within 90 days. Now technically if you don't file within 90 days you are out of status, but some people wait a year or more to file AOS. So, if you get married then have to wait a few days or longer to file, don't sweat it too much. 

Share this post


Link to post
Share on other sites
5 hours ago, Rodziac said:

Hello, I have recently received my K1 visa which gives me time until January 31st to go to USA to get married. I had some questions about the deadline dates on the steps:

1. If I go to USA mid january, can we have the wedding in the following 3 months, for example mid march? Or does everything expire the moment the visa expires?

2. If I do get married mid march, after the visa's expiration date, do I immediately become out of status or does the 3 months to get married allowance cover me until I do my adjustment of status?

 

Thank you.

You could arrive in the US a few day before your visa expires once you arrive and receive you I-94 that’s when the 90 day countdown starts. Some people wait until a few days till the end of 90 days and are fine. You don’t even need to file AOS right away granted you’ll be out of status admin if your out of samtatus for too long it can affect you. 


11/30: Sent I-129F package to Dallas Lockbox


12/01: Petition recieved and signed


12/03: NOA1 text recieved @4:23pm


12/03: NOA1 Email recieved, sent to CSC


12/07: NOA1 hard copy recieved

Share this post


Link to post
Share on other sites
20 hours ago, Rodziac said:

Oooh alright, thats a useful information! Do you tell them you also want AP and EAD as you apply? Or are they separate processes?

You file the I485 (AOS) I765 (EAD) and I131 (AP) as one package generally (you can submit the EAD and AP later while the AOS is pending, but most submit them at the same time) and there is no additional cost for the other two applications (I.e. You only pay the fee for the AOS plus biometrics).  Technically they are separate applications and the EAD/AP will be processed independently usually within 3-4 months from submission.

 

One note to consider regarding the expiration date for entering the country on a K1.  The visa is valid for six months from the date of the medical exam which is the date that should be on the Visa.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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.
×