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BigRedCat

How long to file AOS?

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(I have already done a search as this has been asked many times but wanted a current update.)

 

How long do I have to file AOS after K1? We were married within 90 days and she already has her SS card but I haven't put everything together for AOS yet. Its been 6 months since we were married. Am I ok to file AOS in a month or two? Life has just been hectic and I haven't had the time or money to put everything together to file - I'm also concerned because I started a business and its been up and down profit wise so not sure how to handle that as far as showing support income. Do they go on last years tax return not current income? 

 

 

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Another question that pops up regularly..

 

There is NO DEADLINE for filing AOS.

You can file day after the wedding, you can file a year after a wedding.

 

As long as you understand that until you file, your wife is out of status and can be deported.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Yup, like above. As long as you married within the 90 days you fulfilled the K-1 requirement.

 

Technically you can wait years if you wanted to; but your spouse is out of status after the expiration of the I-94 (the 90 days given upon initial entry).

 

They are removeable by law. They cannot work legally or travel out of the country (would be denied re-entry). So best advice is to file for AOS as soon as possible.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif    

 

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Posted (edited)

I agree with @Roel and @Ben&Zian.   If AOS has not been filed within 90 days of arrival (expiration of I-94), the K-1 spouse will be out of status and technically subject to deportation.  Once AOS has been filed, the K-1 spouse will be in "authorized stay" status in the US.  The K-1 spouse cannot exit and re-enter the US until approved Advance Parole is in hand.

Edited by missileman

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
 

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