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kaylamejia Rookie

kaylamejia   1

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

my husband and I married before the 90 days, but his actual K1 visa has now expired before we were able to file the AOS... are we still allowed to file for a green card or does he have to go back to his country? please help.

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

Yes, you should file as soon as possible.....he may be out of status until you file.

 

EDIT:  and make sure you also file for A/P and EAD....

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

tcovington Explorer

tcovington   175

Posted
Filed: K-1 Visa Country: Scotland
 Timeline
Posted

I might be wrong, but I’m pretty sure his K1 expired as soon as he entered the country. If you fulfilled the 90 day marriage stipulation I suggest you hurry up and send the aos in. I wouldn’t recommend him leaving because then he can’t come back. I don’t believe he has yet overstayed his welcome. However, I do believe you should get that AoS in asap. Like I said I may be wrong on some parts, but that’s my 2 cents. 

Met at University in Scotland - August 2013

Tiae left Scotland - October 2014

Jonathan visited Tiae in the States - August 2015, August 2016, April 2017

Jonathan proposed - February 2016

Filed I-129f - March 2017

NOA1 - April 3, 2017

NOA2 - August 10, 2017

NVC Rec'd - August 28, 2017

NVC # rec'd - August 29, 2017

Left NVC - August 31, 2017

Consulate Rec'd - September 5, 2017

Package 3 Received - September 5, 2017

Package 3 Response - September 5, 2017

Medical Appt - September 15, 2017

Interview - September 25, 2017

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

One more thing:  He will be in authorized stay status once you file AOS.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

kaylamejia Rookie

kaylamejia   1

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
  • Author
Posted
On 1/4/2017 at 10:53 AM, Scandi said:

Why does he need another visa to apply for the K-1 visa?

 

The K-1 visa is a non-immigrant visa with immigrant intent.

 

17 minutes ago, missileman said:

One more thing:  He will be in authorized stay status once you file AOS.

what is an A/P and EAD and what is a authorized stay status??

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

Advance Parole gives your husband permission to leave the country before his AOS is approved.....THIS IS CRITICAL!!   If he leaves the country without A/P (Advance Parole), he can be seen as having abandoned his status......I advise you to read the information here on VJ..........EAD is a document which authorizes him to work before his AOS is approved.......

 

http://www.visajourney.com/content/k1k3aos

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

Advance Parole gives your husband permission to leave the country before his AOS is approved.....THIS IS CRITICAL!!   If he leaves the country without A/P (Advance Parole), he can be seen as having abandoned his status......I advise you to read the information here on VJ..........EAD is a document which authorizes him to work before his AOS is approved.......

 

http://www.visajourney.com/content/k1k3aos

 

I defer to a distinguished expert @geowrian  to explain further.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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