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sydney424

Please help!! K1 Visa expiration question

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2 hours ago, Hank_ said:

Once AOS is filed she will have legal status during the process, the I-797 Receipt is your evidence for this during that time.

“period of stay authorized by the Secretary of Homeland Security” https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html#0-0-0-621

Edited by HRQX

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Your wife's K1 visa was invalidated the moment she handed her paperwork over to the CBP officer at her US Port of Entry. Her I-94 then becomes the document that governs her legal status in the US. Due to current enhanced immigration inforcement, it is generally recommended that she submits her AOS paperwork as soon as possible after marriage. There are reports of mobile CBP checkpoints along the southern border states, and ICE immigration enforcement at egg farms in Minnesota. It you are married, have an expired I-94, and have not filed your AOS paperwork, you are technically out-of-status. ICE agents and CBP officers can detain you, until you are have hearing before an immigration judge. Look at the situation about detention and waiting for an immigration hearing, and associated time frames. 

 

When you file your AOS/EAD/AP, you should receive the Form I-797C (NOA1) AOS receipt notice. This notice confers legal status for you to stay, and finish the AOS adjudication process. It is generally recommended that when you file your AOS, you should also concurrently file for Employment Authorization Document (EAD) and Advance Parole (AP) documents. The application fees for EAD/AP apps are waived if filed with AOS. Due to the current prolonged processing times, the ability to work and for international travel can be important while waiting for AOS adjudication. For further information, read some other threads in these AOS Process and Working/Traveling Forums. I will include a list of sites, that have information about filing AOS/EAD/AP.

 

https://www.uscis.gov/i-485 , see special instruction tab for EAD/AP concurrent filing.

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

https://www.visajourney.com/content/k1aos/

https://www.uscis.gov/forms-filing-tips

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

 

Good luck on your immigration journey.

Edited by Pitaya

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

"Si vis amari, ama" - Seneca

 

 

 

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I-485 clearly states the I-693 is required, just not necessarily all parts.   I-485 instructions read:

 

If you are filing Form I-485 under the nonimmigrant fiancé(e), asylee, or refugee category, see the Form I-693, Report of Medical Examination and Vaccination Record, Instructions for more information on whether you need to submit the full Form I-693 or only certain parts because you already had a medical examination overseas.

 

**

It further states you can submit the I-693 with the I-485 or delay submitting it until you are interviewed.

 

 

I am aware of what the I-693 states, but for AOS  .. the I-485 is the document that rules

 

 

 

 

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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12 minutes ago, Hank_ said:

I am aware of what the I-693 states, but for AOS  .. the I-485 is the document that rules

The USCIS Policy Manual contains the official policies of USCIS and must be followed by all USCIS officers in the performance of their duties. Relevant section: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3 "K or V Nonimmigrants Applying for Adjustment"

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18 minutes ago, Hank_ said:

I-485 clearly states the I-693 is required, just not necessarily all parts.   I-485 instructions read:

 

If you are filing Form I-485 under the nonimmigrant fiancé(e), asylee, or refugee category, see the Form I-693, Report of Medical Examination and Vaccination Record, Instructions for more information on whether you need to submit the full Form I-693 or only certain parts because you already had a medical examination overseas.

 

**

It further states you can submit the I-693 with the I-485 or delay submitting it until you are interviewed.

 

 

I am aware of what the I-693 states, but for AOS  .. the I-485 is the document that rules

 

 

 

 

If you continue with this line of thinking then we will simply have a repeat of what occurred previously when you have to admit your thought process is flawed and in the end will acquiesce to the correct process. 


YMMV

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4 hours ago, HRQX said:

“period of stay authorized by the Secretary of Homeland Security” https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html#0-0-0-621

 

Yup.   "loose wording" .. same result  ;)      We should all have law degrees by now .. :lol:  


Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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I-693 not required if AOS is filed within 1 year of the  K-1 medical AND the vaccinations were properly marked as complete.

From the above-mentioned USCIS Policy Manual:

Quote

4. K or V Nonimmigrants Applying for Adjustment [26]

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:

  • The medical examination did not reveal a Class A medical condition; or 

  • The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions. [27] 

If a new medical examination is required and reveals a Class A medical condition, a new waiver application will also be required. In such cases, the officer should determine whether the applicant complied with the terms and conditions of the first waiver, if applicable. Such determination should be given considerable weight in the adjudication of a subsequent waiver application. [28] 

 

Even if a new medical examination is not required, applicants must still comply with the vaccination requirements if the vaccination record was not included as part of the original medical examination report. If the vaccination report was properly completed at the time of the overseas examination, the officer may accept the vaccination assessment completed by the panel physician. 

 


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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Hello, 

I’m currently going through the same process. 

 

Get your change of status in ASAP.

file for a temporary work permit at  the same time. (There’s no charge for filing the temporary/emergency work permit when filed with the change of status form) There’s estimated delays of up to 14 months for the green card 6 months for the temporary work permit.  

The forms are I - 485 and i believe the work permit it I-94. 

Do you due diligence, it’s critical you don’t mess up the application as they are looking for reasons to deny applications. 

You will need your marriage certificate as part of the application. 

 

Jim 

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20 hours ago, sydney424 said:

My (now) wife is here on a K1 visa. She arrived in the US in July. Her 90 days ends October 2nd. We got married last Thursday. We are waiting for the marriage certificate now. Does our paperwork need to be sent out by the end of the 90 days, or do we just need to be married before the 90 days are up?

thank you!

Married within 90 days however after her I94 expires and before she has a receipt notice she is technically out of status.

A receipt notice that she is pending adjustment of status generally establishes legal status while she is waiting for EAD, etc.

Being checked or picked up is very rare but it happens.  You need to file ASAP.

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15 hours ago, Hank_ said:

I-485 clearly states the I-693 is required, just not necessarily all parts.   I-485 instructions read:

 

If you are filing Form I-485 under the nonimmigrant fiancé(e), asylee, or refugee category, see the Form I-693, Report of Medical Examination and Vaccination Record, Instructions for more information on whether you need to submit the full Form I-693 or only certain parts because you already had a medical examination overseas.

 

**

It further states you can submit the I-693 with the I-485 or delay submitting it until you are interviewed.

 

 

I am aware of what the I-693 states, but for AOS  .. the I-485 is the document that rules

 

 

 

 

Clearly you are confused 


YMMV

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I live in New Hampshire, very far from the southern border, and last week there was a mobile CBP checkpoint. I agree that AOS paperwork should be submitted ASAP as no one is safe once they are out of status. No one. https://www.concordmonitor.com/Border-Patrol-Checkpoint-I-89-Lebanon-28253323



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On 9/8/2019 at 9:53 AM, sydney424 said:

 

So the paperwork doesn’t need to be sent out before the end of the 90 days? As long as we’re married?

No at all, but as soon you get all the papers ready pack everything and send it!

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On 9/10/2019 at 1:34 PM, Cathi said:

I live in New Hampshire, very far from the southern border, and last week there was a mobile CBP checkpoint. I agree that AOS paperwork should be submitted ASAP as no one is safe once they are out of status. No one. https://www.concordmonitor.com/Border-Patrol-Checkpoint-I-89-Lebanon-28253323

The Supreme Court ruled that the immigration checkpoints within the US are allowed to stop vehicles at the checkpoint. Nothing more. Anything else is a waiver of your rights as a US citizen. You gotta have ***** of steel and get through their intimidation tactics, but you can tell them you don't answer questions and you don't consent to anything. If you know the law you can get through them but you need to be careful. Lol


Latest K1 (multiple filer) 

Oct 2018: Met online in VRChat

Nov 2018: Met in person

Dec 2018: Stayed together for a while in random country

Jan 2019: Stayed together again a lot :)

Feb 2019: Engaged

Mar 7 2019: I-129f Mailed

Mar 9 2019: I-129f Signed for by USCIS 

Mar 14 2019: Personal check cashed by USCIS

Mar 18 2019: Received hard copy NOA1 (Never got electronic one for some reason)

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