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Jmdawn2028

I have a question regarding AOS

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Is it ok to file AOS a year after we got married? Coz my wife she came her feb 19 and her visa expired June 19 but right now I’m doing her paperwork, I was wondering they have certain date for how many months or any time please help me coz I’m confuse thanks 

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Just now, Jmdawn2028 said:

Is it ok to file AOS a year after we got married? Coz my wife she came her feb 19 and her visa expired June 19 but right now I’m doing her paperwork, I was wondering they have certain date for how many months or any time please help me coz I’m confuse thanks 

In the strictest sense,  you should file for AOS before the end of the 90 days after entry or if you didn't,  as soon as you can 


YMMV

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If her I-94 has expired, she is subject to removal.  But once she files the I-485, she will be granted "authorized stay" while the I-485 is being adjudicated.  I have yet to see a good reason to delay......


                               :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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She came her feb 19 so the 90days its gonna be May 19 then her visa expired is June 19 so still okey to apply right? Until when 2months 4months coz right now I’m just fixing and I’m working it’s kind a hard for me coz I just start to my new job... 

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Posted (edited)
10 minutes ago, Jmdawn2028 said:

Is it ok to file AOS a year after we got married? Coz my wife she came her feb 19 and her visa expired June 19 but right now I’m doing her paperwork, I was wondering they have certain date for how many months or any time please help me coz I’m confuse thanks 

 

As others have noted, as once her I94 expires she is out of status and subject to removal regardless of being married to you. There's no benefit in waiting for AOS.  And yes, you can file anytime, but this should have been long planned out way before even submitted the I-129f petition to be honest.

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.gif     giphy.gif

 

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You are good to file AOS. It's preferred you submit it ASAP so that your wife has an authorized stay.


K1 Visa Timeline [approved]

Spoiler

07/23/2018    I-129F sent

07/25/2018    NOA1 email notification

07/30/2018    NOA1 hard copy

12/21/2018    NOA2 hard copy [149 days]

01/10/2019    NVC Case # assigned

01/22/2019    Left NVC

01/29/2019    Embassy received

01/29/2019    Pkt 3 sent

02/01/2019    Pkt 4 received

02/13/2019    Medical

03/26/2019    Interview [244 days] approved!

04/01/2019    Visa issued

04/02/2019    Visa received in mail

04/06/2019    POE

05/04/2019    Wedding

 

 

Adjustment Of Status

05/31/2019    I-485, I-131 and I-765 sent

06/10/2019    NOA1 (electronic) & check cashed

06/11/2019    NOA1 hard copy

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There is a very recent poster who was a passenger in car stopped by police.  Because she had not filed AOS prior to the expiration of her I-94, she was jailed for 5 weeks before getting out.  Her case is still on-going........I would get that I-485 in the mail asap.


                               :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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5 minutes ago, missileman said:

There is a very recent poster who was a passenger in car stopped by police.  Because she had not filed AOS prior to the expiration of her I-94, she was jailed for 5 weeks before getting out.  Her case is still on-going........I would get that I-485 in the mail asap.

 

Have we heard any updates about this since then as they were also going into removal proceedings wasnt she??


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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9 minutes ago, Jmdawn2028 said:

She came her feb 19 so the 90days its gonna be May 19 then her visa expired is June 19 so still okey to apply right? Until when 2months 4months coz right now I’m just fixing and I’m working it’s kind a hard for me coz I just start to my new job... 

Visa expiration is meaningless as it became void the moment she entered.  So forget about that.  The critical date is what does the i94 say or the date stamped in her passport by the CBP 


YMMV

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3 minutes ago, Ben&Zian said:

 

Have we heard any updates about this since then as they were also going into removal proceedings wasnt she??

That's the last I heard......


                               :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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Just now, missileman said:

That's the last I heard......

 

Uh-oh :rofl:


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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Posted (edited)

Then your wife is already out of status. Recommend to file for AOS soon and avoid running into cops even accidentally.

 

Visa expiry date is to enter the US by that date.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Posted (edited)
1 minute ago, Jmdawn2028 said:

well on her stump may 19 that’s her 90days but her expiration for her visa is June 19 

Then she has been out of status since May 19th.......she is now subject to deportation with no protection. 

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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2 minutes ago, Jmdawn2028 said:

well on her stump may 19 that’s her 90days but her expiration for her visa is June 19 

File ASAP. It doesn't matter how out of status she is anymore, what matters is that you file AOS so that you don't get into any trouble. As soon as you get your NOA1 you don't need to stress because she will have an authorized stay.


K1 Visa Timeline [approved]

Spoiler

07/23/2018    I-129F sent

07/25/2018    NOA1 email notification

07/30/2018    NOA1 hard copy

12/21/2018    NOA2 hard copy [149 days]

01/10/2019    NVC Case # assigned

01/22/2019    Left NVC

01/29/2019    Embassy received

01/29/2019    Pkt 3 sent

02/01/2019    Pkt 4 received

02/13/2019    Medical

03/26/2019    Interview [244 days] approved!

04/01/2019    Visa issued

04/02/2019    Visa received in mail

04/06/2019    POE

05/04/2019    Wedding

 

 

Adjustment Of Status

05/31/2019    I-485, I-131 and I-765 sent

06/10/2019    NOA1 (electronic) & check cashed

06/11/2019    NOA1 hard copy

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