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Amber Kay

Married but K1 expired help!

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Filed: K-1 Visa Country: Jamaica
Timeline

My fiance arrived here from Jamaica 7-14-2019 and we were married 8-23-2019. I became very sick when he arrived and wasn't able to file our AOS until this week. I am super nervous as I am afraid he will have to go back home because he is out of status now. I've been reading horror stories about immigration doing home visits and I'm scared. I also read that now I have to file another form called a 130? Could someone please help me with advice and what I need to do. I don't want him to have to go back home. 

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Filed: Citizen (apr) Country: Australia
Timeline
4 minutes ago, Amber Kay said:

My fiance arrived here from Jamaica 7-14-2019 and we were married 8-23-2019. I became very sick when he arrived and wasn't able to file our AOS until this week. I am super nervous as I am afraid he will have to go back home because he is out of status now. I've been reading horror stories about immigration doing home visits and I'm scared. I also read that now I have to file another form called a 130? Could someone please help me with advice and what I need to do. I don't want him to have to go back home. 

Once you receive the NOA1 for the AOS application, he will be in a period of authorised stay. The notice usually takes only a couple of weeks to come. There is no need to panic. Hopefully you have a copy of the AOS paperwork you sent in, and that you sent the package via a trackable route. Until you receive the NOA1, this can be used to show that you have filed. 
As he is adjusting from the K1, a I130 is not needed.  It is needed in some other AOS situations, but for not when adjusting from the fiancé visa 

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15 minutes ago, Amber Kay said:

My fiance arrived here from Jamaica 7-14-2019 and we were married 8-23-2019. I became very sick when he arrived and wasn't able to file our AOS until this week. I am super nervous as I am afraid he will have to go back home because he is out of status now. I've been reading horror stories about immigration doing home visits and I'm scared. I also read that now I have to file another form called a 130? Could someone please help me with advice and what I need to do. I don't want him to have to go back home. 

Once you get the NOA1 you will be fine during the duration of the A IS process.

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39 minutes ago, Amber Kay said:

My fiance arrived here from Jamaica 7-14-2019 and we were married 8-23-2019. I became very sick when he arrived and wasn't able to file our AOS until this week. I am super nervous as I am afraid he will have to go back home because he is out of status now. I've been reading horror stories about immigration doing home visits and I'm scared. I also read that now I have to file another form called a 130? Could someone please help me with advice and what I need to do. I don't want him to have to go back home. 

Don't read the horror stories.  File the AOS asap and he will then be in authorized stay.

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*~*~*moved from “K-1 fiancé visa process and procedures” to “AOS from K visas” as OP is now on the USA, married and starting the AOS process*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Citizen (apr) Country: Brazil
Timeline
17 hours ago, Amber Kay said:

My fiance arrived here from Jamaica 7-14-2019 and we were married 8-23-2019. I became very sick when he arrived and wasn't able to file our AOS until this week. I am super nervous as I am afraid he will have to go back home because he is out of status now. I've been reading horror stories about immigration doing home visits and I'm scared. I also read that now I have to file another form called a 130? Could someone please help me with advice and what I need to do. I don't want him to have to go back home. 

You'd only need the I-130 if you hadn't married in the first 90 days.

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