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Hello all!! My husband is on a K1visa here in the US. We married within the 90 day period but we had a problem with filling his AOS before the November 10, 2018  I-94 date due to financial issues. We are about to send his AOS but I would like to know if there will be any issues since we are sending his AOS at a later date????? Please let me know we are nervous and don’t want his stay to be jeopardized :( will he have to leave?? Someone helpppp 

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No issue filing late since you married within the 90 days.

Until you do file, you are unlawfully present in the US, so the sooner you file, the better. Once filed, you have authorized stay again.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: 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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15 minutes ago, Kathergarcb said:

Hello all!! My husband is on a K1visa here in the US. We married within the 90 day period but we had a problem with filling his AOS before the November 10, 2018  I-94 date due to financial issues. We are about to send his AOS but I would like to know if there will be any issues since we are sending his AOS at a later date????? Please let me know we are nervous and don’t want his stay to be jeopardized :( will he have to leave?? Someone helpppp 

 

No. No issue, minus right now he is out of legal status, but once oyu get the NOA1 for the I-485 he will be fine to stay. Only requirement during the 90 days is to marry. While it's best to have submitted for AOS during that time period also, you can at any time without issues. In theory you could wait a year or two even and still AOS without issue; but sooner the better.

Edited by Ben&Zian

08/15/2014 : Met Online

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

11/08/2016 : Interview - APPROVED!

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

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

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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11 minutes ago, Kathergarcb said:

will he have to leave??

No need to leave. Just submit the I-485 packet now. I assume you know that USCIS now accepts credit cards and debit cards: https://www.uscis.gov/news/news-releases/uscis-expands-credit-card-payment-option-fees I also assume you know that it's free to file I-765 and I-131 for his case; thus its highly recommended to file both I-765 and I-131.


Your Input Is Appreciated On This VJ Guide Proposal: 

 

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**Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.  Hijack post removed.**


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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No worries at all, he is legal as long as you did get married within 90 days (what you did) You can file AOS whenever you want, there is no rule yet that you have to file AOS within a certain time after marriage (USCIS wants to make a 6 month from marriage rule since there are people who are here for years on only a marriage without AOS, but that's not a rule yet :) )

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19 minutes ago, C90 said:

No worries at all, he is legal as long as you did get married within 90 days

Not "legal"....after the 90 days, if AOS is not filed, they are unlawfully present like anybody else that overstays a visa.

But they can file for AOS based on the K-1 marriage at any point.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: 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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13 hours ago, geowrian said:

Not "legal"....after the 90 days, if AOS is not filed, they are unlawfully present like anybody else that overstays a visa.

But they can file for AOS based on the K-1 marriage at any point.

They can't be deported for the fact that they didn't file AOS (assuming they didn't do anything to get a criminal record etc), so they are not unlawfully present or overstaying anything. It is absolutely recommended to file your AOS asap, since it will raise a lot of questions if you do it years after your marriage (and you might get denied and then deported). But since they got married a few months ago, she doesn't have to be afraid of any of the above.

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7 hours ago, C90 said:

They can't be deported for the fact that they didn't file AOS (assuming they didn't do anything to get a criminal record etc), so they are not unlawfully present or overstaying anything.

Incorrect. Can you please provide any source saying you either (let alone both) 1) don't acquire unlawful presence and 2) can't be removed?

I can provide documentation from the FAM as to what constitutes unlawful presence.

I can provide examples of people who have obtained a 3 or 10 year bar for overstay from a K-1 who married within 90 days but never applied for AOS and left the US after 180+ days.

 

If still in marital union (not just married), an IJ would almost certainly just say file for AOS.

Edited by geowrian

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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: 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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On 12/22/2018 at 5:18 PM, geowrian said:

Incorrect. Can you please provide any source saying you either (let alone both) 1) don't acquire unlawful presence and 2) can't be removed?

I can provide documentation from the FAM as to what constitutes unlawful presence.

I can provide examples of people who have obtained a 3 or 10 year bar for overstay from a K-1 who married within 90 days but never applied for AOS and left the US after 180+ days.

 

If still in marital union (not just married), an IJ would almost certainly just say file for AOS.

There is nowhere on the USCIS website that states you have to file your AOS within a certain time. Yes, you should file AOS asap, I'm not arguing with that. Yes, people do get deported for filing way too late, but why would you file years after you enter? Usually because its a scam or you just want to enjoy the pro's of the USA. Is that ground for deportation? Yes.

If you have a good reason (financial is a very good reason) to file a long time after marriage and your marriage is legit, they won't deport you. I know people that are here for 7 years, never filed for AOS and never got deported. Should you file after 7 years without good reason why you didn't? Probably not. Can you leave the states if you didn't file for AOS? Absolutely not. (unless you don't wanna return of course)

 

Point is, her question was very simple: Do we get in trouble for filing a few months after marriage while the I-94 is expired. The answer is no. You are probably referring examples from people that are years in or are inadmissible because they did something that violated their visa. Filing a few months after marriage (even 180 days after) is not one of them, so those kind of stories are not applicable in her case. 

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1 hour ago, C90 said:

(financial is a very good reason)

Just a note here that finances are usually not a good reason to delay filing for AOS, or at least short-term cash flow problems aren't. Until your fiancé(e) gets EAD or a green card, he or she can't work. That's almost certainly going to cost you more in the long run than AOS fees. And you can pay fees at a USCIS lockbox by credit card.


K-1                             AOS
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

 

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1 hour ago, C90 said:

There is nowhere on the USCIS website that states you have to file your AOS within a certain time.

Correct, you can file AOS based on the underlying K-1 status at any point during the same stay within the US so long as you married within 90 days. This could be within the 90 days or it could be 10 years later.

There is nothing on the USCIS (or DOS) website suggesting it is permissible to remain in the US after your I-94 expires and w/o filing for AOS. The period of unlawful presence, if any is accumulated before filing for AOS, is not a bar for AOS as the IR of a USC.

 

1 hour ago, C90 said:

You are probably referring examples from people that are years in or are inadmissible because they did something that violated their visa. Filing a few months after marriage (even 180 days after) is not one of them, so those kind of stories are not applicable in her case.

Some, yes.

One person a couple months ago filed 2 days after the 90 day period, broke up before AP was obtained, then returned home. Now he wants to visit the US again, but he is now permanently ineligible for an ESTA due to that overstay so he needs to obtain a tourist visa...which is actually not easy in most VWP-eligible countries. Had he filed for AOS 2 days sooner, he could just use an ESTA.

One person this year filed shortly over 180 days after their I94 expired. They had an emergency back home and returned to take care of that. They now not only need to start over completely with an I-130 for a CR-1/IR-1 visa, but they need an I-601 waiver for the 180+ days of unlawful presence...adding in another ~1 year to their timeline.

 

I get what you mean. In 99.x out of 100 cases, it's not an issue at all. But there are some cases where filing late can have some severe consequences as well. That info may or may not be relevant for the OP. It may or may not be relevant for somebody in the future in a similar situation who reads this thread.

 

Best wishes.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: 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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