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guyfromky

Question about 90 days time limit

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My now-wife arrived in the USA on July 28th, we got married August 10th, and her 90 days if I am correct will be up on October 25th. Did the K1 visa 90 days thing say we have 90 days to get married? Or 90 days to both get married and file for AOS? The 90 days is up in 13 days and yes I know we should've gotten AOS filed sooner, that's on us, but if it isn't filed by October 25th could she possibly get deported?

 

Another question, if we do have to file by the 25th of October does that mean we go to the post office to send the AOS documents by then or do they have to RECIEVE the documents by then?

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To satisfy the requirements of the K-1, you must marry within 90 days.....You have done that.  Once her I-94 has expired (90 days after entering the US), she will be out of status and technically subject to deportation (as is every non-immigrant).  Once she files the I-485, she will still not have any legal status, but she will be granted "authorized stay" while the I-485 is being adjudicated.  There are no benefits in waiting to file for adjustment of Status.......

The probability of deportation might be small, but it exists as indicated in this recent thread.

 

 


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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
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  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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25 minutes ago, guyfromky said:

My now-wife arrived in the USA on July 28th, we got married August 10th, and her 90 days if I am correct will be up on October 25th. Did the K1 visa 90 days thing say we have 90 days to get married? Or 90 days to both get married and file for AOS? The 90 days is up in 13 days and yes I know we should've gotten AOS filed sooner, that's on us, but if it isn't filed by October 25th could she possibly get deported?

 

Another question, if we do have to file by the 25th of October does that mean we go to the post office to send the AOS documents by then or do they have to RECIEVE the documents by then?

You need to file AOS within the 90 days, or she becomes out of status, effectively without visa authorisation.. so yes, I’d be filling out the paperwork and getting the post office ASAP 


CR1/IR1 - USC Spousal Visa

  • Married 14 April 2018
  • I130 Package Sent 30 Sept 2018
  • NOA1 PD 5 Oct 2018 (Nebraska) 
  • NOA2 30 September 2019 🙌🙌🙌🙌🙌
  • Sent to NVC 10 October 2019 😍

 

 

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You must marry within 90 days to AOS using the existing I-129F petition.

You can file for AOS after the 90 days. That said, after the 90 days and until you file for AOS, she would be out of status and technically deportable. Once AOS is properly filed, she will obtain a period f authorized stay.

Best to avoid overstaying at all - get the AOS in ASAP.

 

Date of them receiving the packet is what technically counts.


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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24 minutes ago, Duke & Marie said:

You need to file AOS within the 90 days, or she becomes out of status, effectively without visa authorisation.. so yes, I’d be filling out the paperwork and getting the post office ASAP 

I agree that if the AOS is not filed within the 90 days, an immigrant will be out of status, but there is no requirement or deadline as to when to file the AOS.  That being said, if a K1 entrant is caught out of status, it really becomes a headache immigration wise,  Most likely if a K1 entrant who is legally married comes before an IJ, most likely they will be told to submit the AOS.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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