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Spiro

AOS after expiration of K1 Visa, need advice and help !

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Hi, VJ community !

My wife and I got married within 90 days of her k-1 visa expiring .

However, we have yet to file her I-485 AOS, I-765, and I-131.

I was under the impression that you can file AOS even after the 90 days expires as long as you got married. Two immigration attorneys told me this!

Her k-1 visa and I-94 expired 3 weeks ago .

I was told that there is a new policy change from the Trump admin regarding this . The new policy change is that if a k-1 visa holder got married but has not yet filed for AOS after the 90 days expired then they are no longer eligible AOS and will be placed in removal proceedings !

Is this true ?

We’re going to mail my wife’s AOS packet tomorrow but will she be placed in removal proceedings and is she now INELIGIBLE just because we did not file the AOS packet before the 90 days expiration ?

I appreciate and info and help !

Thank you all !!

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She is NOT ineligible for AOS after her I-94 has expired.  She is, however, out of status, and she (technically) can be removed.  When she files for AOS, she will be granted "authorized stay" while the I-485 is pending.......

Don't worry.  Just file the I-485, I-765, and the I-131.......and all will be well.

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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9 minutes ago, Spiro said:

Hi, VJ community !

My wife and I got married within 90 days of her k-1 visa expiring .

However, we have yet to file her I-485 AOS, I-765, and I-131.

I was under the impression that you can file AOS even after the 90 days expires as long as you got married. Two immigration attorneys told me this!

Her k-1 visa and I-94 expired 3 weeks ago .

I was told that there is a new policy change from the Trump admin regarding this . The new policy change is that if a k-1 visa holder got married but has not yet filed for AOS after the 90 days expired then they are no longer eligible AOS and will be placed in removal proceedings !

Is this true ?

We’re going to mail my wife’s AOS packet tomorrow but will she be placed in removal proceedings and is she now INELIGIBLE just because we did not file the AOS packet before the 90 days expiration ?

I appreciate and info and help !

Thank you all !!

If you heard this news from an immigration attorney, then please do not use their services.  As @missileman stated, there is no ineligibility for missing the 90 day window to file the AOS, and the out-of-status status will be forgiven once the AOS is filed.  The general advice most members will give is to file the AOS/EAD/AP as soon as possible after a K1 marriage, but there can always be extenuating circumstances that prevent that. 

 

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!!!!!!!

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16 minutes ago, Spiro said:

Hi, VJ community !

My wife and I got married within 90 days of her k-1 visa expiring .

However, we have yet to file her I-485 AOS, I-765, and I-131.

I was under the impression that you can file AOS even after the 90 days expires as long as you got married. Two immigration attorneys told me this!

Her k-1 visa and I-94 expired 3 weeks ago .

I was told that there is a new policy change from the Trump admin regarding this . The new policy change is that if a k-1 visa holder got married but has not yet filed for AOS after the 90 days expired then they are no longer eligible AOS and will be placed in removal proceedings !

Is this true ?

We’re going to mail my wife’s AOS packet tomorrow but will she be placed in removal proceedings and is she now INELIGIBLE just because we did not file the AOS packet before the 90 days expiration ?

I appreciate and info and help !

Thank you all !!

The "new policy" you are referring is false (and I'm not sure who told you this because I've never heard of such "policy").

 

You and your wife met the requirement for her K1. You don't have to file immediately after as she has now fulfilled her K1 requirement. However, after her I-94 expires, she is considered "out of status". No need to panic, no one is going to come "pick her up and deport her" back to her country. Once you file your AOS and receive notification that USCIS has accepted your filing, her status will be considered "pending" based on the adjudication of her AOS filing. She will be allowed to stay in the US while waiting for her AOS to be approved.

 

Don't panic and relax. Not everyone files immediately after they get married so this is common. Just file as soon as you can. No harm done!

Edited by Trinab80

5/22/2017: I-129F sent USCIS Dallas Lockbox via FedEx

5/23/2017: Signed & Delivered to USCIS (Received Date)

5/26/2017: Check was cashed; Received text and email from USCIS; case being transferred to CSC

6/2/2017: Received our NOA1 hard copy via mail; NOA1 Hard Copy Receipt Date: 5/25/2017

3/23/2018: NOA2 Text and Email Received (Approved Date: 3/21/2018 - Total wait time: 303 days from received date/305 days from receipt date)
3/26/2018: NOA2 Hard Copy Received 
3/30/2018: NVC Received I-129F 
4/2/2018: Case Number Received

4/5/2018: I-129F Left NVC
4/6/2018: Embassy Received

4/9/2018: Packet 3 completed

4/18/2018: Medical Exam

4/27/2018: Interview (APPROVED) 😊

5/17/2018: Embassy sent email advising they need original Birth Certificate. (Original BC was presented at the interview but CO gave it back to us, SMH) - Fiancé sent original BC via DHL.

5/18/2018: Embassy received and signed for DHL package

5/22/2018: Embassy confirmed via email the received original Birth Certificate. CEAC Tracker date updated.

6/8/2018: VISA ISSUED!!!!

6/14/2018: Visa in Hand
6/20/2018: POE at Philadelphia Airport

7/22/2018: Married to my King! 

*************************************************************************************************

7/25/2018: Husband received his SSN card

8/9/2018: AOS/EAD/AP sent to USCIS Chicago Lockbox via FedEx

8/10/2018: Signed & Delivered to USCIS

8/16/2018: Check was cashed; Received 3 texts and 3 emails from USCIS (never received hardcopy NOA1)

9/6/2018: Biometrics Appointment

9/7/2018: Case Status updated to Ready to Schedule Interview

xx/xx/xxxx: EAD/AP combo card approved

xx/xx/xxxx: EAD/AP combo received

xx/xx/xxxx: Interview

xx/xx/xxxx: GREEN CARD ISSUED!!!

xx/xx/xxxx: GREEN CARD IN HAND!!!

 

 

 

 

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14 minutes ago, Spiro said:

I was told that there is a new policy change from the Trump admin regarding this . The new policy change is that if a k-1 visa holder got married but has not yet filed for AOS after the 90 days expired then they are no longer eligible AOS and will be placed in removal proceedings !

Is this true ?

Where did you hear this?  I honestly don't know where this stuff comes from...


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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