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Kathergarcb

K1 visa AOS after I-94 expired

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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

10/17/18: 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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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

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

 

 

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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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On 11/26/2018 at 2:31 PM, 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 

Hi!!finally I found someone with the exact same case as ours. We were married within the 90 days since my husband came to the US. However, his i94 expired and we still did not send the i485. I am extremely worried about it.

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