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Hobidyali

AOS and the Fiance Visa

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Hello everyone,

 

Once the couple is married after the beneficiary arriving on a k1, is there a deadline on when the AOS needs to be filed? I see some people file as soon as they are married and others who wait and don't for months, I am confused.

 

Thanks everyone, I am trying to wrap my head around this whole process, I am feeling anxiety building because of this DS form I am seeing everyone get, seems to be everywhere :( .

 

Wishing you all good luck in your process and interviews.

 

 

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2 minutes ago, Ben&Zian said:

 

So in simple terms, the only requirement of the K-1 visa is to marry within the 90 days of arrival.... as long as you do that, you can technically not do AOS for months or even a year plus. Now, that being said, once the 90 days has come and gone, the beneficiary's I-94 is expired and they are illegally present in the US. Doesn't matter that they are married to you or not, they are able to be detained and deported. So it is best to always file for AOS as soon as possible after the marriage to avoid this. Plus without AOS, they can't work or anything legally.... there have been people who don't want to do the AOS because of "cost" but that cost was known upfront from the start, or could have easily been found with basic research so that's not a viable excuse.

 

Marry, file for AOS. Just get it done.

I am not one of the ones who are asking this question because of the cost involved, I was asking because I legitimately wanted to know if there was a deadline or anything like that. Thank you for the response, I appreciate it.

 

It looks like the AOS should be filed immediately, I was a bit confused because I say some people filing immediately and others waiting.

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There are no benefits to delaying......file as soon as you can.....


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

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
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Just now, Hobidyali said:

I am not one of the ones who are asking this question because of the cost involved, I was asking because I legitimately wanted to know if there was a deadline or anything like that. Thank you for the response, I appreciate it.

 

It looks like the AOS should be filed immediately, I was a bit confused because I say some people filing immediately and others waiting.

 

Yes again some wait, a lot of us end up filing a week or so after the 90 days just because we waited to marry until day 80 or so, it happens. Always best to get it done soon as possible since it takes time for everything to process for EAD/AP and then obviously takes time for thre GC.


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

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.gifgiphy.gif     

 

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9 minutes ago, Ben&Zian said:

 

Yes again some wait, a lot of us end up filing a week or so after the 90 days just because we waited to marry until day 80 or so, it happens. Always best to get it done soon as possible since it takes time for everything to process for EAD/AP and then obviously takes time for thre GC.

To be clear, once AOS is being filed, EAD/AP can be filed as well, once this process is completed, the greencard plus work permit and other will be administered? Correct?

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Posted (edited)
12 minutes ago, Hobidyali said:

To be clear, once AOS is being filed, EAD/AP can be filed as well, once this process is completed, the greencard plus work permit and other will be administered? Correct?

 

Once you apply for AOS, the I-485, you apply for the EAD and AP with it for free. The EAD/AP combo is taking about 4-6 months to get right now, and about 12-13 months total to get the green card. But once you have the EAD/AP they can work legally and all so.

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

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.gifgiphy.gif     

 

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1 minute ago, Ben&Zian said:

 

Once you apply for AOS, the I-485, you apply for the EAD and AP with it for free. The EAD/AP combo is taking about 4-6 months to get right now, and about 12-13 months total to get the green card. But once you have the EAD/AP they can work legally and all so.

Thanks a million 

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41 minutes ago, Ben&Zian said:

 

Once you apply for AOS, the I-485, you apply for the EAD and AP with it for free. The EAD/AP combo is taking about 4-6 months to get right now, and about 12-13 months total to get the green card. But once you have the EAD/AP they can work legally and all so.

I-485 depends on local office. Some people have their GC within 3 months, other people are waiting 24+ months already for their interview and still nothing -_-

 

OP,  you can check the processing times for your local office via https://egov.uscis.gov/processing-times/. It's an indication. For my office (Philadelphia) it's anywhere between 13,5-22 months, with some people getting their interview after 11-12 months, where others wait a little longer.

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1 minute ago, C90 said:

I-485 depends on local office. Some people have their GC within 3 months, other people are waiting 24+ months already for their interview and still nothing -_-

 

OP,  you can check the processing times for your local office via https://egov.uscis.gov/processing-times/. It's an indication. For my office (Philadelphia) it's anywhere between 13,5-22 months, with some people getting their interview after 11-12 months, where others wait a little longer.

Thank you, the interview is for what exactly? I know with the AOS you have to fill the 485 and prove income etc but I am clueless about the interview. I will check out the link.

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6 minutes ago, Hobidyali said:

Thank you, the interview is for what exactly? I know with the AOS you have to fill the 485 and prove income etc but I am clueless about the interview. I will check out the link.

Basically to check the marriage is real and the petitioner (you) has the right to receive the Green Card.

 

It will also be good for you to check the AOS guide, since it seems you're not very familiar with the process. Knowledge is key in immigration (K1 all the way up to citizenship), since some mistakes could have severe consequences or could delay your journey.

 

AOS guide: https://www.visajourney.com/content/k1k3aos

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6 minutes ago, C90 said:

Basically to check the marriage is real and the petitioner (you) has the right to receive the Green Card.

 

It will also be good for you to check the AOS guide, since it seems you're not very familiar with the process. Knowledge is key in immigration (K1 all the way up to citizenship), since some mistakes could have severe consequences or could delay your journey.

 

AOS guide: https://www.visajourney.com/content/k1k3aos

Thanks a million.

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Hi, I have filed for AOS 1 and a half months after my 90 day mark. I’ve had no problems thus far.

 


03/01/2019 - USCIS Chicago lockbox received case  for AOS/EAD/AP

03/21/2019 - NOA1 received hard copy via post (Notice date 03/14/2019)

 

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2 minutes ago, Sailormooon said:

Hi, I have filed for AOS 1 and a half months after my 90 day mark. I’ve had no problems thus far.

 

Once you filed the I-485, you were given "authorized stay" pending the result of the AOS.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

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
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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9 minutes ago, missileman said:

Once you filed the I-485, you were given "authorized stay" pending the result of the AOS.

Not the correct post for this question but once you get your EAD/AP card, can you apply for a driving license?


03/01/2019 - USCIS Chicago lockbox received case  for AOS/EAD/AP

03/21/2019 - NOA1 received hard copy via post (Notice date 03/14/2019)

 

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