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courage87

Adjustment of Status request in the 90 days

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Hello guys,

I am shocked to get to know that here in LA you get a marriage certificate (main requirement to put into the AOS request) after 6-8 weeks and so that means which I had to change my marriage date and set a new one at least 60 days before the 90th day because if my I-94 (90 days visa) is expired that means which I am overstaying illegally but if I send the AOS request before the 90th day then my status will be a legal pending status, is all of this true or is there something that I am missing?

 

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Once the I-94 has expired, you will be out of status and subject to deportation......until you file the I-485.......once you file the I-485, you will not have any legal status (after the I-94 expires), but you will be granted "authorized stay" by the Attorney General while the I-485 is being adjudicated.  


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :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
 

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All of this is not mentioned in the official USCIS page, which worried me a lot because I am sure that a lot of people don’t recognize the danger and damage behind that.

I found out all of this by myself because I started wondering “what happens if my I-94 has expired before sending the AOS request?” but if I was not that wise to go and check out there I would have paid the consequences without being alerted by the instructions given by the USCIS (incomplete about this topic).

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Sorry sir but on the AOS instructions doesn't state that the I-94 must not be expired, it only staetes that you must get married in the 90 days, nowhere it is stated to send the AOS in the 90 days and that's a fact, useless to justify that.

Now the only way to get this information is through a lawyer or just wondering by yourself if you are doing things properly even if the instructions are silent about that, it is a fact, that's it, I'm not making an issue about it but it's rude to be forced to get married after 2 weeks I entered the USA and telling my family to not buy anymore the tickets because I had to change date (thanks God nobody bought the ticket or imagine the damage that an incomplete information would have caused).

In plus you get to pay so much money if you are late in sending the AOS and all of this because an incomplete information and this is a fact because I am been reading about lot of people passing through that, useless to justify it.

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When we arrived at the POE, the CBP officer specifically stated that we not only need to get married in 90 days but submit the AOS application ad well.  He said many people don't understand this 


YMMV

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3 minutes ago, courage87 said:

Sorry sir but on the AOS instructions doesn't state that the I-94 must not be expired, it only staetes that you must get married in the 90 days, nowhere it is stated to send the AOS in the 90 days and that's a fact, useless to justify that.

Correct. It does not say anything about the I-94 needing to be expired or unexpired. Reading into if it must or must not be is an assumption.

 

AOS can be field before or after after the 90 days as the IR of a USC.

One is out of status after 90 days.

The above 2 items are separate issues.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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2 minutes ago, geowrian said:

Correct. It does not say anything about the I-94 needing to be expired or unexpired. Reading into if it must or must not be is an assumption.

 

AOS can be field before or after after the 90 days as the IR of a USC.

One is out of status after 90 days.

The above 2 items are separate issues.

Thanks.

Also in my experience the USCIS always alerts you about inconvenients that happen if you do something wrong like missing to communicate an information regarding me or my fiance for example so they could have been a little more clear about this topic, it's just my point of view if that matters.

Just try to understand that for me it was a huge shock to not be unknowledged about this before and whoch my family will not attend my wedding because of that, I should have had the right to receive them like in all other normal marriages and as I said thanks God nobody of them got damaged economically. Thanks God I have some military basis and I acknowledged about how things work in this world or right know I should have been looking for a lawyer for to be refunded, I wouldn't have been quiet if something happened to my family like nobody in this world would be.

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For example yesterday I was reading about how to drive legally in the USA while on a k1 visa and it is very clearly stated  by the Department of Motor Vehicles in the requirements “a NON Expired I-94”.

That’s the way you are supposed to type down a scent and complete information and n my way to see that. And again the USCIS the keep typing that you must get married in the 90 days and nothing else

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8 minutes ago, courage87 said:

For example yesterday I was reading about how to drive legally in the USA while on a k1 visa and it is very clearly stated  by the Department of Motor Vehicles in the requirements “a NON Expired I-94”.

That’s the way you are supposed to type down a scent and complete information and n my way to see that. And again the USCIS the keep typing that you must get married in the 90 days and nothing else

Driving license requirements vary by state. USCIS is a federal agency. USCIS has no say or input into what a state requires to drive.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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~~MOved to AOS Family, from K1 P&P - The OP is no longer working on a K1 but starting AOS.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Ok, this is my last attempt to make you get my point, here is part of what the USCIS states about the Green Card for Fiancé:

 

This page provides specific information for foreign nationals in the United States who want to apply for lawful permanent resident status based on their admission as a K-1 nonimmigrant and marriage within 90 days to their U.S. citizen petitioner. This is called “adjustment of status."

 

Everyone can notice that they even made 1 error using the word "marriage" instead of the verb "marry" which makes things so confusing.

Again they keep talking about lawfulness referring only on the terms which are "getting married in 90 days" and nothing else.

Useless that you guys keep justifying such a lack of grammar and detailed informations (I'm not good either but I'm not a mothertongue if that makes sense).

 

 

 

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I've let my fiancé and her family members (one of them even works for the government) read the USCIS statement and all of them said which it is not written correctly and which it's indeed very confusing. 

Don't you wonder why so many people get confused about this topic? 

Well you know the answer: without any shadow of doubt the USCIS has failed to provide informations regarding this topic because most of people included american citizens cannot understand what they claim. 

 

Someone here said that a CBP officer told him/her about it... 

Well the officer that interviewed me took out of his belt an outdoor knife to open the envelope pointing the knife in my direction and started mocking me about my reason to be here in the USA but those are OT details... 

 

It's all about to make your job properly, which is something that today a lot of people forgot how to do it. Goodbye, I'm cancelling my account, I'm tired of this nonsense arguing with walls. 

Edited by courage87

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