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PJH

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Posts posted by PJH

  1. So we were relaxed after reading these replies but just now we read this in the FAQ's of the http://www.visajourney.com/faq/k1k2visa-aos.html#6.1.

    6.1)...How soon after we get married should we apply for Adjustment of Status?

    A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States as indicated on the I-94.

    Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS within 90 days or arriving. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, many experiences have shown this is not a major issue with local USCIS (INS) offices.

    I thought we had a little breathing room...? We still have everything done but the cover page but what does this mean if not we need to send it ASAP or she is gone?

    Technically, she would be in the USA unlawfully UNTIL you file the AOS application. USCIS has far more pressing priorities than tracking down couples who are filing slightly late and who will otherwise probably qualify for a green card anyway.

    The important point is that you were MARRIED within the 90 days. This is critical because otherwise you'd have to file an I-130 with your AOS application.

    Take a few deep breaths and relax. The US government's priority is to ensure your marriage is a genuine one - not to nitpick over filing dates. Remember that these visas exist to bring families together. Provided your application is genuine, it's hard to imagine a couple of days delay in posting your application will cause you a problem.

  2. Thanks everyone. My wife spoke to a colleague of hers who used to work for USCIS and she did indicate that it's possible the country of origin might have helped. I'm an Australian who's been living in New Zealand for the past decade and these are both visa-waiver countries.

    All I can say is that we did our best to make our I-485 and I-765 submission packet as clear and easy to navigate as possible with a cover page and a table of contents. I also have no children and consequently we were able to submit an I-864EZ, simplifying the affidavit of support.

    We used the K1 guide found here at VisaJourney as well as Ilona Bray's "Fiance & Marriage Visas" book (http://www.amazon.com/Fiance-Marriage-Visas-Couples-Immigration-ebook/dp/B00M8H9LFI/ on Amazon for anyone who's interested).

    Ultimately, I have no idea what made things so fast for us. However we're very thankful and feel quite fortunate. It's been a long road and I wish all of you currently going through this process the very best of luck.

  3. Filed for my AOS/EAD and received an NOA on November 5th.

    The EAD has been cancelled because my AOS has been granted. In 8 weeks. I'm stunned, although clearly very happy.

    From what I can gather my application never made it past the NBC in Missouri. Does anyone have any experience with this kind of result? Is it possible other aspects of the process could still be pending? (There's a disclaimer on the NOA2 which indicates that USCIS/DHS can always rescind the AOS if they discover something they don't like).

    I've received my Permanent Resident card, so it seems pretty final, but I'm curious about experiences from other people who've had a similar result.

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