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1 minute ago, EstelaGuerrero said:

Do I have to apply for an adjustment  of status before our 90days is over. We have entered the US and we will be getting married this weekend. Can we file after the 90days. 

You can file when you are ready even if after the 90 days.  Best advice is always the sooner the better 


YMMV

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27 minutes ago, EstelaGuerrero said:

Do I have to apply for an adjustment  of status before our 90days is over. We have entered the US and we will be getting married this weekend. Can we file after the 90days. 

You can file after 90 days. However, the sooner you file is better. Your K-1 visa will expired after 90 days. In between 90 days until you file for AOS, you will be out of status. 


DISCLAIMER: I'm not working with USCIS/NVC and never work with them. All my comment based on my own experience and what I read. 

 

"When you have a fight with your partner, remember that it is not you against your partner but it is both of you against the problem" :) 

 

 
I-129F Sent : 2017-05-12

I-129F NOA1 :

I-129F NOA2:

2017-06-17

2017-11-29 (Date on hard copy) / 2017-11-30 (Date USCIS Website/Online Tracker App)

NVC Received Date:                 2018-01-16

NVC Case No. assigned:         2018-01-16

NVC Left:                                    2018-01-20

Consulate Received:                2018-01-22

Packet 3 Received:                   2018-01-27

Packet 3 Sent:                           2018-01-27

Interview Date:                          2018-03-08

Visa Received:                          2018-03-13

US Entry:                                    2018-03-19

SSN Application:                      2018-04-03

SSN Received:                          2018-05-02

Marriage:                                   2018-05-05

Marriage Certificate

Received:                                   2018-05-15

Change name in SSN:             2018-06-04

AOS, AP & EAD submitted:    2018-07-06

NOA 1 (email):                          2018-07-10

NOA 1 (mail):                            2018-07-16

Biometric app:                          2018-08-09

EAD & AP Received:                2018-xx-xx

AOS Interview:                          2018-09-24 
Approval/Denied:                      Approved 

Green Card Received:             2018-09-29

 

 

 

 

 

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To clarify, your K-1 expires the moment you entered the US. It was technically voided and you are lawfully present with the I-94. 

 

You HAVE to marry within the 90 days; but technically, you can apply for AOS (through the same petitioner and spouse, this is key) years later... but just try to submit the AOS as soon as you can because after the 90 days, the I-94 expires and you become unlawfully present.


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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As noted, to remain int he US legally you must marry and file for AOS within 90 days.

If you marry within 90 days and file for AOS after 90 days, your AOS process will continue just the same as above.

If you marry and don't file for AOS after 90 days, you could potentially be put into removal proceedings just like anybody overstaying a visa. It's not likely but very far from impossible as well.

The only advice in accordance with the VJ TOS would be to file within the 90 days.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Just now, geowrian said:

As noted, to remain int he US legally you must marry and file for AOS within 90 days.

If you marry within 90 days and file for AOS after 90 days, your AOS process will continue just the same as above.

If you marry and don't file for AOS after 90 days, you could potentially be put into removal proceedings just like anybody overstaying a visa. It's not likely but very far from impossible as well.

The only advice in accordance with the VJ TOS would be to file within the 90 days.

If you marry on day 90, how is it possible to file that very same day.   Secondly,  what was the TOS violation you are referring to?


YMMV

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Just now, payxibka said:

If you marry on day 90, how is it possible to file that very same day.   Secondly,  what was the TOS violation you are referring to?

That would be an issue....hence why it's not recommended to wait 90 days to marry. :P

 

"Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. "

Any advice to file after 90 days would fall into the condoning or instructing to commit illegal immigration activities (overstay) category. Like saying "if somebody files after 90 days, they can still AOS fine" is just stating a fact. Saying it's fine to overstay and file AOS later would cross that line IMO (but I'm not a mod so take that with a grain of salt).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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My 2 cents. Correct me if I'm wrong but, in the past, while not recommended, staying out of status was not the end of the world (although there are too many cons to count). Worst-case scenario if you were detained, you would go in front of an immigration judge and be told to adjust. No biggie. -Nowadays, in the current climate, where they are deporting people left and right, I wouldn't take the chance.

 

 

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10 minutes ago, geowrian said:

That would be an issue....hence why it's not recommended to wait 90 days to marry. :P

 

"Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. "

Any advice to file after 90 days would fall into the condoning or instructing to commit illegal immigration activities (overstay) category. Like saying "if somebody files after 90 days, they can still AOS fine" is just stating a fact. Saying it's fine to overstay and file AOS later would cross that line IMO (but I'm not a mod so take that with a grain of salt).

N/A


YMMV

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