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Texsinbad

K-1 Late Filers Note: Green Card Interview Approved

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We don't post much, but do read many topics about people worried about filing late.  I doubt that there are many who have filed later than us.  We got married within the 90 days, which was the end of 2013.  We didn't file the AOS until 2/5/19--over 5 years later.

 

We had the Green Card interview in Tampa, Fl on 5/2/19, and was approved.  They did ask why we waited to file so late, and we told them the truth, "we didn't have any reason to file sooner, but now, my wife wants to visit her family in the Philippines later this year".  

 

So, if you are filing late, you probably don't have to worry too much.

 

The interview was only a few questions, but our situation is different.  We have been together going on 8 years and married going on 6 years.  Obviously, ours is a real marriage.  They didn't ask for any documentation relating to joint accounts like banking, utilities, title to our home, letters from relatives or friends, or anything like that.  We showed them about 40 pictures of us, friends, and relatives from the time when we met until now.  They did ask where and who was in the pictures.

 

At the end, they said that we were approved and that it would take 2-3 weeks to receive the Green Card. 

 

Good luck to future filers. 

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Well congrats, but as mentioned, once the I-94 expires, regardless of the marriage, they are eligible for removal, which can be extremely stressful for both parties to worry about.

 

But it has been 'advised' before by myself and others that technically people can wait years if they wanted to and still AOS as long as they had married within the 90 days.

 

Except for the couples that marry straight away to file, I think most people end up filing a few days after the expiration of the I-94 anyways, we waited something like 80 days to marry then think got our AOS submitted at day 94 or something.


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.gif     giphy.gif

 

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I agree with @missileman that it’s obviously great that it worked out for you, (and that you and your wife were in a position to hold off on that for so long as in she didn’t need to work or travel), it’s not prudent for anyone to attempt that, because it leaves the immigrant spouse in such a precarious position.  Even if the risk is incredibly low, it’s still there.  AoS should be filed as soon as possible after the marriage.  It’s a well known part of the process that the majority of people should be prepared for, and I wouldn’t be surprised if it becomes a requirement to do so within a designated period of time, as there is an argument to be made that delaying the filing is circumventing the i751 process in place for fiancé and spousal visas where the marriage is less than 2 years.

 

I know you’re not advocating that everyone does this, and simply sharing a positive outcome to give hope to anyone in a similar situation who is worried, but I wouldn’t want someone who may not be savvy in US immigration to read that and interpret it as a golden pass, so to speak, because it’s risky.

 

Nonetheless, congrats :)

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Good that worked out for the OP, but not sure how the wife lived and slept at night.

Life is hard enough and full of setbacks for a documented legal permanent resident, I can only imagine the nightmare it must be for someone that didn’t file at all for 6 years 


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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The purpose of my post was to try to assure late filers--not to suggest that people file late, but all I get is harassed.  That is another reason we don't post much.

 

Everybody's situation is different.  My wife NEVER had to worry about anything. 

 

This will be out LAST post.

 

Goodbye and good luck to everyone.

 

 

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IMO the biggest downside to waiting so long to file was that she basically locked herself into staying in the US. If she had to leave anytime before she got advance parole, well, good luck LOL.

 

Let's be realistic: ICE and USCIS have historically not hassled people like OP's wife, but there's no guarantee that cannot change overnight, especially with the current administration. That would make me extremely uneasy.

 

 

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28 minutes ago, PolskaKielbasia said:

ICE and USCIS have historically not hassled people like OP's wife, but there's no guarantee that cannot change overnight, especially with the current administration. That would make me extremely uneasy.

Actually, there has been at least one poster who said ICE agent came to his door to warn his wife because she had not filed for adjustment of status within the 90 days after arrival..........it isn't common, but it has happened.


                               :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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Posted (edited)
38 minutes ago, Texsinbad said:

The purpose of my post was to try to assure late filers--not to suggest that people file late, but all I get is harassed.  That is another reason we don't post much.

 

Everybody's situation is different.  My wife NEVER had to worry about anything. 

 

This will be out LAST post.

 

Goodbye and good luck to everyone.

 

 

Harassed? I don't think so.  Educated? Maybe....Good luck on the rest of your journey. 

BTW: I don't think it's such a good thing to assure others that it's OK to remain in unlawful status for years. 

Edited by missileman

                               :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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7 minutes ago, missileman said:

Actually, there has been at least one poster who said ICE agent came to his door to warn his wife because she had not filed for adjustment of status within the 90 days after arrival..........it isn't common, but it has happened.

Wow, first time I've heard of this. I guess going by the book K1 overstayers are fair game.

 

And OP's situation isn't that uncommon. A distant family member of mine overstayed her tourist visa by something like 15 years, married, and adjusted without any issues whatsoever. 

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3 minutes ago, PolskaKielbasia said:

Wow, first time I've heard of this. I guess going by the book K1 overstayers are fair game.

 

And OP's situation isn't that uncommon. A distant family member of mine overstayed her tourist visa by something like 15 years, married, and adjusted without any issues whatsoever. 

It was Richard Moss:

 


                               :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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