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Lynxwarden

How long do you have to file for adjustment of status after you're married?

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Hi! So big news - my fiance and I will be making our marriage official next week! We'll be working on getting the paperwork done on his week off :) 

 

But one thing we're not sure on is how long we have to file for adjustment of status. At the end of June we're moving to another state and I'm not sure whether we need to file for it IMMEDIATELY or if we have some time. When I had my interview at the Consulate, I asked what to do with addresses and explained the situation, and the interviewer said that when we settle into the new state to file for it there.

 

I did get a pamphlet with the package I gave away at the port of entry, but it doesn't say how much time we exactly have. If anyone can give me some pointers, I'd appreciate it!


I-129F Case Received - August 29 2018

I-129F Approved - January 27 2019

Case Moved to Consulate - March 05 2019

Medical Exam Completed - March 21 2019

Interview - Done and Accepted on May 9th 2019 ❤️ 

Moved countries on May 19

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3 minutes ago, Lynxwarden said:

Hi! So big news - my fiance and I will be making our marriage official next week! We'll be working on getting the paperwork done on his week off :) 

 

But one thing we're not sure on is how long we have to file for adjustment of status. At the end of June we're moving to another state and I'm not sure whether we need to file for it IMMEDIATELY or if we have some time. When I had my interview at the Consulate, I asked what to do with addresses and explained the situation, and the interviewer said that when we settle into the new state to file for it there.

 

I did get a pamphlet with the package I gave away at the port of entry, but it doesn't say how much time we exactly have. If anyone can give me some pointers, I'd appreciate it!

Ideally before the 90 days ad indicated on the I94


YMMV

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7 minutes ago, payxibka said:

Ideally before the 90 days ad indicated on the I94

So the 90 days not only indicates how long you have to be married, but also how long you have to file for AOS? Is that right?


I-129F Case Received - August 29 2018

I-129F Approved - January 27 2019

Case Moved to Consulate - March 05 2019

Medical Exam Completed - March 21 2019

Interview - Done and Accepted on May 9th 2019 ❤️ 

Moved countries on May 19

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1 minute ago, Lynxwarden said:

So the 90 days not only indicates how long you have to be married, but also how long you have to file for AOS? Is that right?

In the strictest sense, Yes


YMMV

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After 90 days you are out of status and subject to arrest and deportation.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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People have waited years before filing AOS, for various reasons.

 

You are out of status once your 90 days are up, unless you have the NOA1 from the AOS filing. Also, don't you want to work and travel? You can only do that by filing for AOS or the EAD/AP (which are best filed with AOS to save processing fees).


 

 

 

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As many others have said, there is no real defined time frame to start AOS. However, the sooner you get started the sooner she can work, travel, drive, etc. Her activities will be limited until some of the AOS/EAD/AP work is filed and accepted. When her I-94 expires, she is potentially at the mercy of the CBP and possible detention issues. Unknown where you live, one of the VJ mods live in Texas, and has a pinned thread in the Working/Traveling during US Immigration forum, speaking about roving CBP checkpoints near the southern border and at airports. https://www.visajourney.com/forums/topic/562879-cbp-at-tsa-airport-checkpoints-why-theyre-there-how-best-to-handle/ If her documents are expired, or not in order, it could make for some real legal issues. Get the AOS ball rolling, as with most every timeline associated with USCIS, wait times are becoming quite protracted. Wait times for AOS adjudication is hovering at a year or more (check out some recent postings in the K1/K3 AOS Process forum), EAD/AP adjudication was recently changed to 6.5 to 8.5 months. https://www.visajourney.com/forums/topic/708136-psa-nbc-ead-i-765-processing-times-updated-to-65-85-months/   Get the AOS/EAD/AP paperwork concurrently filed ASAP.

 

Some useful AOS links:

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

https://www.uscis.gov/i-485

 

This entire immigration process is not the faint of heart, nor light of wallet.

Good luck on your immigration journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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Posted (edited)
30 minutes ago, yuna628 said:

There is no set timeframe to file for AOS. However, keep in mind, it is generally prudent to file for it before your 90 days is up. It's not a requirement, but just remember though, that if you delay significantly, you will eventually be out of status. The NOA1 from the AOS will protect your status, giving you further authorized stay until the petition is complete.

It's a requirement if a person wants to avoid being out of status and subject to jail.....

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 E-8)

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
  • "..case ready to be scheduled for interview" on 5/29/2019
 

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39 minutes ago, missileman said:

It's a requirement if a person wants to avoid being out of status and subject to jail.....

Sure. But these days it seems like some enjoy rolling that dice.


K-1 - AOS & ROC Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo) 8/13/18 (18 mo)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 - Error will need to file I90 >_<

 

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Just now, yuna628 said:

Sure. But these days it seems like some enjoy rolling that dice.

That's true........😄   I just don't see any benefits in delaying filing for 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 E-8)

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
  • "..case ready to be scheduled for interview" on 5/29/2019
 

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39 minutes ago, missileman said:

That's true........😄   I just don't see any benefits in delaying filing for AOS.......

Yeah; if you're having financial problems, well, the sooner your spouse can legally work, the sooner they can help your new family out there ...


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
Arrived in Moscow: 2018-12-28
Interview date: 2019-02-14
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

 

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40 minutes ago, missileman said:

That's true........😄   I just don't see any benefits in delaying filing for AOS.......

Agree :thumbs:  We filed our AOS/EAD/AP for wife and stepson about 2 weeks after their POE.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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