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Filed: K-1 Visa Country: Portugal
Timeline

Hi all, 

 

My fiancee came to USA on February 20th. We got married on April 18th (the delay was due to the pandemic). But it was fortunately within 90 days. However, we didn't get to send out the I-485 form within 90 days. We are freaking out because apparently that means my fiancee is no longer legal. We are working on finishing up everything and mailing it out very soon. What are the repercussions of us sending it out past 90 days? 

 

Correct me if I'm wrong, but apparently the I-485 will take a year to process? If so, does that mean my fiancee won't be legal for that long? Will she be deported? How do we prevent that from happening? 

 

We would appreciate any input. Thank you!

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
5 minutes ago, Jenerii said:

Hi all, 

 

My fiancee came to USA on February 20th. We got married on April 18th (the delay was due to the pandemic). But it was fortunately within 90 days. However, we didn't get to send out the I-485 form within 90 days. We are freaking out because apparently that means my fiancee is no longer legal. We are working on finishing up everything and mailing it out very soon. What are the repercussions of us sending it out past 90 days? 

 

Correct me if I'm wrong, but apparently the I-485 will take a year to process? If so, does that mean my fiancee won't be legal for that long? Will she be deported? How do we prevent that from happening? 

 

We would appreciate any input. Thank you!

When you file I-485 and received NOA1, you fiancee is authorized to stay.

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Filed: F-2A Visa Country: Nepal
Timeline

Don’t worry about it. There are no repercussions I485 processing wise. As long as she doesn’t go out breaking other laws for cops to seek her, she is fine. Just file it asap.


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)

You can apply for the adjustment of status at any point after you get married, but you must marry within the permitted 90 days upon arrival.

You just need to submit the I-485 now (along with the other documents), but will be out of status from I-94 expiry until your I-485 is accepted for processing by USCIS.

Edited by VISBIS

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Filed: Citizen (pnd) Country: Haiti
Timeline
Posted (edited)
55 minutes ago, Jenerii said:

So until then, my fiancee is not legal?

Technically; yeah. Gather all your documents and complete all the forms and mail it in. There is never any good that comes from waiting. Wouldn’t suggest traveling within 100 miles of the border as well.

 

Once you submit the I485 and receive the NOA1 that is her proof of legal status, or pending legal status. Assuming you are submitting the I765 and I131 When your fiancé receive those cards she can work and travel. That takes approx 6 months. 

Edited by Luckycuds

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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Filed: AOS (apr) Country: Philippines
Timeline

After the 90 days, she will not have a legal status.

Once AOS is filed, she will have a period of authorized stay by the AG.

Unless she does something to merit deportation (not just being in the US), then there is no issue.


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

12/1/16: sent

12/14/16: 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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1 hour ago, Jenerii said:

So until then, my fiancee is not legal?

File the AOS packet and that will be fine.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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2 hours ago, Jenerii said:

So until then, my fiancee is not legal?

Technically for the period i94 ends until noa1 received yes illegal, so best to file As soon as possible, once filed, noa1 will be sent within a month or so and then they have authorised stay until AOS case has been processed 


IR1 Journey

  • 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
  • AOS/IV Package Submitted 15 November 2019 
  • NVC Review Error 11 Jan Resulted in 9 week processing delay
  • Expidite Request Declined 😢11 March 2020
  • Lockdown in NOLA with Virus 23 March 2020
  • NVC DQ 4/25 pending being sent to Sydney for Interview
  • Sydney Closed... Australia on Lockdown due to Covid

 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020

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Filed: AOS (pnd) Country: Ukraine
Timeline

That’s required to fill and send forms for 90 days, but in immigration law of US here is no terms about that, just as soon as possible after wedding. People who sent later are fine.

We sent 6 month after, cause that is expensive.

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Filed: AOS (apr) Country: Russia
Timeline
1 hour ago, Nastya_7smile said:

We sent 6 month after, cause that is expensive.

Delaying AOS filing to save money is a false economy. The immigrant spouse can't work legally until getting EAD or a green card, which he or she can't get without AOS. Even a minimum-wage job will make more than cost of AOS fees in a few months.


K-1                             AOS
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

 

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Filed: AOS (pnd) Country: Ukraine
Timeline
1 hour ago, DaveAndAnastasia said:

Delaying AOS filing to save money is a false economy. The immigrant spouse can't work legally until getting EAD or a green card, which he or she can't get without AOS. Even a minimum-wage job will make more than cost of AOS fees in a few months.

I absolutely agree. That is investment and better not to delay. But it can be other reasons than economy, just other needs.

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Filed: AOS (apr) Country: Philippines
Timeline

I have stated on here before that during my first K1 we filed for AOS after the 90 days. I really don't remember why. It had nothing to do with money. It caused no problems whatsoever. The important thing is getting married within 90 days and file for AOS as soon as possible.


Not a newbie but lost my old info years ago) I have been through this process before --all the way through naturalization-- This site has always been a great help to me. 

 

 

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Filed: AOS (apr) Country: Philippines
Timeline
4 hours ago, Nastya_7smile said:

in immigration law of US here is no terms about that, just as soon as possible after wedding. People who sent later are fine.

More precisely, these 2 sentences cover 2 different immigration aspects and are mutually exclusive...

After the 90 days, you are overstaying the K-1 visa just like anybody that overstays a visa (like a tourist that overstays). The same consequences apply. A K-1 is no different than any other visa that one overstays.

Once you properly file the I-485, a period of authorized stay begins. This can be filed after the 90 days without any issue.

 

It is unlikely but possible to be detained and even put into removal after the 90 days but before filing the I-485.

I only point this out as there tends to be a misunderstanding between being lawfully present and being eligible to apply for AOS. People have married within the 90 days and then delayed filing the I-485 since there was no time limit to do so...only to get into some very uncomfortable situations.

Example:

 

4 hours ago, Nastya_7smile said:

We sent 6 month after, cause that is expensive.

1 hour ago, Nastya_7smile said:

But it can be other reasons than economy, just other needs.

You noted that it was expensive, which implies economical reasons.


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

12/1/16: sent

12/14/16: 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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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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