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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Hi all,

 

Me again! Hoping someone can clarify a point for me again as I'm unable to locate anything online myself: my husband and I are now legally married, and are going to be getting our marriage license recorded with the county clerk later this week. What is the timeframe for us to apply for change of status for me before I'm forced to otherwise leave the US again? Is it still within the 90 day period the K1 visa covers, or? 

 

If you could cite your sources, too, I would appreciate it.

 

Thanks!

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Congratulations on your marriage!

 

There's no formal timeframe per se, but most people choose to file for AOS/EAD/AP the instant they get the marriage certificate (and, as a tip, order multiple copies of those).  The inability to work or to return after traveling internationally weighs heavily on K-1 entrants.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
1 minute ago, TBoneTX said:

Congratulations on your marriage!

 

There's no formal timeframe per se, but most people choose to file for AOS/EAD/AP the instant they get the marriage certificate (and, as a tip, order multiple copies of those).  The inability to work or to return after traveling internationally weighs heavily on K-1 entrants.

 

Thank you!! Ah, okay. So, now that we're actually legally married, we're not up against the clock in terms of having to get AOS/EAD/AP within the 90 day limit of my visa? Am I understanding that right?

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
3 minutes ago, OHeyItsRick said:

we're not up against the clock

You got it!  However, for practical purposes as stated, get the stuff filed ASAP.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
1 minute ago, TBoneTX said:

You got it!  However, for practical purposes as stated, get the stuff filed ASAP.

Good deal. Thank you. My husband and I were concerned that if we didn't get this done before my visa expired then I would be ejected from the country or something...

 

You wouldn't happen to have a direct source for this information, would you?

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
8 minutes ago, OHeyItsRick said:

You wouldn't happen to have a direct source for this information, would you?

If USCIS says nothing, that's an excellent source.  :) 

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: K-1 Visa Country: Wales
Timeline
Posted
1 hour ago, OHeyItsRick said:

 

Thank you!! Ah, okay. So, now that we're actually legally married, we're not up against the clock in terms of having to get AOS/EAD/AP within the 90 day limit of my visa? Am I understanding that right?

No, marriage gives you no status, get it sent in before the 90 days.

 

You will be adjusting status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
2 hours ago, OHeyItsRick said:

 

Thank you!! Ah, okay. So, now that we're actually legally married, we're not up against the clock in terms of having to get AOS/EAD/AP within the 90 day limit of my visa? Am I understanding that right?

No, but you will be out of status if you wait.  Like Boiler said, marriage itself confers no status.   You need that magical receipt notice from filing the I-485 to be in “authorized stay.”

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
12 hours ago, OHeyItsRick said:

Hi all,

 

Me again! Hoping someone can clarify a point for me again as I'm unable to locate anything online myself: my husband and I are now legally married, and are going to be getting our marriage license recorded with the county clerk later this week. What is the timeframe for us to apply for change of status for me before I'm forced to otherwise leave the US again? Is it still within the 90 day period the K1 visa covers, or? 

 

If you could cite your sources, too, I would appreciate it.

 

Thanks!

This question comes up frequently. There are simply no benefits in waiting.  Waiting delays the ability to work in the US, the ability to travel outside the US, and the ability to apply for US citizenship.  Why live in the shadows after your I-94 expires?  Submission of a proper I-485 will grant you "authorized stay" in the US until the I-485 is either approved or denied.  Apply for adjustment of status before your I-94 expires.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
12 hours ago, OHeyItsRick said:

What is the timeframe for us to apply for change of status for me before I'm forced to otherwise leave the US again?

Although this scenario might be unlikely, it is possible.  This member failed to file to adjust status within the time allowed by the I-94.  "I was taken to the Border Patrol offices for processing taking 7 hours then sent straight to jail where I have been for 5 weeks. "

 

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Romania
Timeline
Posted (edited)
14 hours ago, TBoneTX said:

You got it!  However, for practical purposes as stated, get the stuff filed ASAP.

Wait! I thought the moment the 90 days run out you are not legal anymore -married or not - IF you don't file for AOS. Being married to a US citizen doesn't make you legal as far as i know.

 

So technically you should file for adjustment before the 90 days run out. I think what TBoneTX refers to since you got married and if you file even after the 90 days your "overstay" will be forgiven when adjusting status.

Edited by ineedadisplayname
Filed: Citizen (apr) Country: Jordan
Timeline
Posted (edited)

If I were you, I would file ASAP. Why take the chance of being out if status and getting caught? @Crazy Cat gave you a good example of what can happen if you wait. Definitely not a chance that I would ever be willing to take.

Congrats on your marriage and good luck on your journey.

Edited by Cathi


Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

By the way, your status after you file for AOS but before its approval is "Applicant for Adjustment" or, more concisely, "Adjustment Applicant."  Back in Mrs. T-B.'s day, I asked a lawyer, and the foregoing was his answer.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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