We got married before our K1 Visa expired but did not apply for the AOS yet. Are we in trouble?

[JJOchola 0]

Hey all,

I saw posts from a few years ago about this but I want to make sure this still applies. Our K1 Visa expired at the beginning of June and we got married before that but due to finances and needing to get all our evidence in order, we have not yet applied for the AOS. We've got everything now but I'm nervous about applying and want to make sure I have all the right stuff. If anyone is able to  provide updated assurance that would help my panic levels immensely!

 

So far, the list I've been able to find is as follows. Anyone know if we have too much or are missing something?

1. I-435
2. 2 passport sized photos
3. Marriage certificate
4. Passport
5. Birth certificate
6. I-94 card/printout
7. I-797 approval notice
8. I-864 Affidavit of Support
9. Certified criminal history doc
10. Proof of bona fide marriage
11. I-765, application for employment authorization
12. Form I-131, Application for Travel
13. Form I-130 and I-130A, petition for an alien relative (on account of us applying after the I-94 expired)

[Rocio0010 5,560]

Is number 9 really needed?

I would make sure to read and re read and read again the guides here in VJ to make sure you’re not missing anything.

[Villanelle 4,121]

You only need to file the 130 if you DIDN'T marry in the 90 days

[JJOchola 0]

Really? Man that would be amazing!

[Timona 3,925]

Follow the guides below. Just take out the I-130 as already mentioned 

 

 

[Crazy Cat 39,151]

2 hours ago, JJOchola said:

Hey all,

I saw posts from a few years ago about this but I want to make sure this still applies. Our K1 Visa expired at the beginning of June and we got married before that but due to finances and needing to get all our evidence in order, we have not yet applied for the AOS. We've got everything now but I'm nervous about applying and want to make sure I have all the right stuff. If anyone is able to  provide updated assurance that would help my panic levels immensely!

 

So far, the list I've been able to find is as follows. Anyone know if we have too much or are missing something?

1. I-435
2. 2 passport sized photos
3. Marriage certificate
4. Passport
5. Birth certificate
6. I-94 card/printout
7. I-797 approval notice
8. I-864 Affidavit of Support
9. Certified criminal history doc
10. Proof of bona fide marriage
11. I-765, application for employment authorization
12. Form I-131, Application for Travel
13. Form I-130 and I-130A, petition for an alien relative (on account of us applying after the I-94 expired)

For the record, the K-1 visa expired as soon as the visa holder entered the US.  The requirement was to marry within 90 days after entry into the US.  That is when the K-1 entrant's I-94 expired. 

[P055UM 256]

To address the ‘are we in trouble?’ In the title of the post: you’re not in trouble, per se, but if the 90 days have passed and you haven’t filed AoS, the visa holder is now out of status, and whilst unlikely, is in jeopardy of removal if unlucky or in the wrong place at the wrong time. All that goes away once the AoS is filed, so get mailing as soon as possible

[Letspaintcookies 2,198]

Join this group of July filers. The first post has an excellent list of what you need. And like it was already said, your #13 is not needed. I'm not sure about the criminal history stuff. I guess it's the AOS applicants history? 

 

 

Edited July 24, 2022 by Letspaintcookies

[Mike E 11,722]

16 hours ago, JJOchola said:

Really? Man that would be amazing!

You need to follow this guide if you married within  90 days of entering the USA:

 

If it has been over 90 days since entering the USA, the longer you wait to file I-485 the more likely this will happen:

 

 

Edited July 24, 2022 by Mike E

[SalishSea 16,737]

18 hours ago, JJOchola said:

Hey all,

I saw posts from a few years ago about this but I want to make sure this still applies. Our K1 Visa expired at the beginning of June and we got married before that but due to finances and needing to get all our evidence in order, we have not yet applied for the AOS. We've got everything now but I'm nervous about applying and want to make sure I have all the right stuff. If anyone is able to  provide updated assurance that would help my panic levels immensely!

 

So far, the list I've been able to find is as follows. Anyone know if we have too much or are missing something?

1. I-435
2. 2 passport sized photos
3. Marriage certificate
4. Passport
5. Birth certificate
6. I-94 card/printout
7. I-797 approval notice
8. I-864 Affidavit of Support
9. Certified criminal history doc
10. Proof of bona fide marriage
11. I-765, application for employment authorization
12. Form I-131, Application for Travel
13. Form I-130 and I-130A, petition for an alien relative (on account of us applying after the I-94 expired)

“Proof of bonafide marriage”?   Like what? Your marriage certificate is proof of marriage.   How much other stuff can anyone have after 90 days?

 

The bonafides (financial commingling, joint property, joint assets, etc) are for the next step: removal of Conditions, which happens two years later.

[EmilyW 1,222]

Totally unrelated to this topic but a VJ Fun Fact / Sunday Funny Ha Ha moment for you all.

 

I remember a couple on VJ posting that - in answer to the proof of consummation / bonafide marriage - sent a selfie of them sitting upright in a hotel room bed, sheets covering their privates. My word, the USCIS doing that file must have gotten quite the shock.

[iwannaplay54 985]

22 hours ago, JJOchola said:

Hey all,

I saw posts from a few years ago about this but I want to make sure this still applies. Our K1 Visa expired at the beginning of June and we got married before that but due to finances and needing to get all our evidence in order, we have not yet applied for the AOS. We've got everything now but I'm nervous about applying and want to make sure I have all the right stuff. If anyone is able to  provide updated assurance that would help my panic levels immensely!

 

So far, the list I've been able to find is as follows. Anyone know if we have too much or are missing something?

1. I-435
2. 2 passport sized photos
3. Marriage certificate
4. Passport
5. Birth certificate
6. I-94 card/printout
7. I-797 approval notice
8. I-864 Affidavit of Support
9. Certified criminal history doc
10. Proof of bona fide marriage
11. I-765, application for employment authorization
12. Form I-131, Application for Travel
13. Form I-130 and I-130A, petition for an alien relative (on account of us applying after the I-94 expired)

Remove the I130, you aren’t in trouble.

Rest of the list looks fine. Watch your backs until a receipt notice comes in, technically out of status.

[Letspaintcookies 2,198]

1 hour ago, EmilyW said:

Totally unrelated to this topic but a VJ Fun Fact / Sunday Funny Ha Ha moment for you all.

 

I remember a couple on VJ posting that - in answer to the proof of consummation / bonafide marriage - sent a selfie of them sitting upright in a hotel room bed, sheets covering their privates. My word, the USCIS doing that file must have gotten quite the shock.

Doesn't USCIS has it now in their instructions to not send anything explicit? 🤣

[powerpuff 5,878]

~~ Topic moved from K1 AOS Progress Reports to Process ~~

[CaLi90 56]

On 7/23/2022 at 4:48 PM, JJOchola said:

Hey all,

I saw posts from a few years ago about this but I want to make sure this still applies. Our K1 Visa expired at the beginning of June and we got married before that but due to finances and needing to get all our evidence in order, we have not yet applied for the AOS. We've got everything now but I'm nervous about applying and want to make sure I have all the right stuff. If anyone is able to  provide updated assurance that would help my panic levels immensely!

 

So far, the list I've been able to find is as follows. Anyone know if we have too much or are missing something?

1. I-435
2. 2 passport sized photos
3. Marriage certificate
4. Passport
5. Birth certificate
6. I-94 card/printout
7. I-797 approval notice
8. I-864 Affidavit of Support
9. Certified criminal history doc
10. Proof of bona fide marriage
11. I-765, application for employment authorization
12. Form I-131, Application for Travel
13. Form I-130 and I-130A, petition for an alien relative (on account of us applying after the I-94 expired)

Make sure you’re sending supporting evidence along with the I-864, such as recent pay stubs, employment letter, IRS tax transcripts.

 

And yes remove I-130 as others have mentioned.