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Hi, my wife had a K1 visa that expired in February 2020. We applied for AOS in may but it was rejected due to wrong payment amount and wrong edition of the form. We need to re-file. I am wondering, if we re-file everything correctly, will the K1 being expired prevent her AOS from ever being approved? Thanks. 

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Filed: K-1 Visa Country: Uzbekistan
Timeline

Expired K1 won't affect AOS but you should do it ASAP. I also applied after my 90 day stay expired and got unexpected USCIS representatives visit one day. I don't want to scare you but it may happen and it's better to have some proof of your application

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Filed: AOS (pnd) Country: Australia
Timeline
27 minutes ago, mbeckwithfl said:

Hi, my wife had a K1 visa that expired in February 2020. We applied for AOS in may but it was rejected due to wrong payment amount and wrong edition of the form. We need to re-file. I am wondering, if we re-file everything correctly, will the K1 being expired prevent her AOS from ever being approved? Thanks. 

No it will not prevent her from AOS getting approved. The only requirement for the k1 visa is you get married within 90 days. There is no requirement on a k1 visa that says you have to file for AOS before your I-94 expires. If you don’t apply for AOS before your I-94 expires, you become “out of status”— you have no lawful status. She can become deportable though if something were to occur since she is “out of status”. Very unlikely, but there are stories of it happening. The overstay is forgiven when you apply for AOS, so get it in sooner rather than later.

 

18 minutes ago, Nafis8 said:

Expired K1 won't affect AOS but you should do it ASAP. I also applied after my 90 day stay expired and got unexpected USCIS representatives visit one day. I don't want to scare you but it may happen and it's better to have some proof of your application

really? What did they do/say?

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1 hour ago, Nafis8 said:

Expired K1 won't affect AOS but you should do it ASAP. I also applied after my 90 day stay expired and got unexpected USCIS representatives visit one day. I don't want to scare you but it may happen and it's better to have some proof of your application

Understood, thanks so much for the response. We have the proof of the first application but obviously no proof of the second, yet. I will make sure and retain proof when we send the second one. I am also interested in hearing how the interaction went with the USCIS rep!

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Overstay is not a bar to AOS as the spouse of a USC. So you can still file fine.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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: Citizen (apr) Country: Canada
Timeline
6 hours ago, mbeckwithfl said:

Hi, my wife had a K1 visa that expired in February 2020. We applied for AOS in may but it was rejected due to wrong payment amount and wrong edition of the form. We need to re-file. I am wondering, if we re-file everything correctly, will the K1 being expired prevent her AOS from ever being approved? Thanks. 


As others have said no issues with filing AOS after 90 days. I also concur that you should file as soon as possible. Until you file stay away from immigration checkpoints and borders until you get that NOA1 that says your AOS has been accepted. 


 

 

N400 - Naturalization                                                                                                           U.S. Passport

Aug 05, 2018 (Day 1): Applied for Naturalization online                                                Oct 01, 2019 (Day 1): Sent US Passport Application

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online                                        Oct 08, 2019 (Day 8 ) : Passport trackable 

Aug 11, 2018 (Day 6): Recvd notification that Biometrics appointment scheduled  Oct 17, 2019 (Day 17) : Received Passport

Aug 13, 2018 (Day 8): Received biometrics appt letter online                                      Oct 21, 2019 (Day 21) : Received Naturalization Cert. back

Aug 28, 2018 (Day 23): Biometrics Appt

May 06, 2019 (Day 274): In Line For Interview

Jun 11, 2019 (Day 311): Interview Date

July 01, 2019 (Day 327) : Oath Ceremony I AM NOW A US CITIZEN!!!!

 

FROM K-1 PETITION SENT TO OATH CEREMONY WAS ABOUT 7 YEARS 4 MONTHS

 

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

 

"that their hearts may be encouraged, having been knit together in love, and attaining to all the wealth that comes from the full assurance of understanding." -Colossians 2:2-

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Filed: K-1 Visa Country: Uzbekistan
Timeline
15 hours ago, Jsg2016 said:

really? What did they do/say?

Well they just showed up one morning while we were still sleeping😂  they came to check if applied for AOS because my I94 expired, so i showed them the receipt from mailing it with the date and some copies of the package. They had a small talk with my husband about some random stuff. They were nice and I guess all that morning mess in our apartment and our sleepy faces made them sure that our marriage is real) 

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