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expired visa AOS

#1 User is offline   Clarizz Icon

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Posted 07 May 2009 - 12:14 PM

Hello vj's just want ask if what will happen if we didn't file AOS, SSN after we married. My visa is expired last April 27, I read in some website that you should file before the visa expired. I am married with more than 3months now but due to financial problem my husband didn't file.
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#2 User is offline   alexlei Icon

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Posted 07 May 2009 - 12:21 PM

they said you will be out of status but there's lot in here who didnt file within 90 days... i just also sent mine today and my I 94 expired last monday. you cant just work for a while cause we're not allowed to work without filing EAD...thats what i know. lol cheer up!
My Timeline~
03/13/08 - Sent I-129F to VSC via UPS
05/07/08 - I-129F delivered to CSC
05/15/08 - NOA1
05/19/08 - check cashed!
05/21/08 - NOA1 hard copy received
06/26/08 - touched! : )
08/14/08 - NOA2 via email : )
08/18/08 - NOA2 hard copy
08/22/08 - Approved from NVC
08/28/08 - DV paid
09/11/08 - USEM received (case number MNL2008xxxxxx)
10/2,3/08 - Medical @ St.Lukes, PASSED!!
10/15/08 - Interview Date (Lacking of Documents)
10/21/08 - Submitted Additional Requirement (Alex's Proof of Enrollment)
11/12/08 - VISA ON HAND!!! Thank you God!!!
01/28/09 - My baby's 2nd visit in Philippines
02/03/09 - Flight to US with my baby, POE: Detroit

03/03/09 - Courthouse Wedding day yay!

05/07/09 - Submit AOS Packet to USCIS Chicago Lockbox
05/18/09 - NOA1 for AOS,AP&EAD Received in Mail
05/22/09 - Received Biometrics Appointment letter
06/05/09 - Biometrics Schedule at 3pm
06/07/09 - Church Wedding

08/01/09 - AP received!
08/04/09 - EAD card received!!! yay!
09/18/09 - Interview for Green Card!
09/21/09 - CARD PRODUCTION ORDERED
OCTOBER 3 2009 I GOT MY GREENCARD
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#3 User is offline   pRetTy_aNgeL Icon

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Posted 07 May 2009 - 12:27 PM

K-1 is in an overstay status, if married before I-94 expiration, but has not filed AOS, this overstay is forgiven on approval of AOS. You can still file for AOS after the 90 days. You are out of status so file as soon as you can.
2008 K1Timeline:
3/07 Meet in person
May I-129F Application
10/15 Fiance Received the letter from NVC
10/25 Fiancee Received letter from USEM
11/21-11/22 Medical Examination
12/02 Interview date, 7AM (Approved)
12/10 Visa on Hand
Date & Place of POE: 12/17 Detroit
03/10/09 Wedding

2009 AOS / EAD / AP Timeline:
3/27 Immunization & send I693 to Dr. Arnold
(Click here for All Vaccination for $20 by Larry and Ailene)
4/01 Delivered & signed by T ANDRICAB
4/04 Received I-693 from Dr. Arnold
4/07 Mailed AOS Package
4/08 Package received
4/14 Cashed Check/NOA received for I-485, I-131 & I-765 (dated 4/08)
4/18 Biometrics I-485 & I-765 scheduled 4/29 letter dated 4/15 (8 days from filing)
4/29 Biometrics done @ 19minutes (filling, waiting)
5/02 CSC Transferred (received by mail)dated 4/29 Hurray!Hurray!Hurray!No interview.
5/05 I-485 Touched (This case is now pending at the office to which it was transferred)(30 days)
5/12 I-485 Touched
5/15 EAD Card Production Ordered and AP Approval notice sent
5/18 EAD/AP Touched
5/20 Touched
5/21 AP Received by Mail (44days)
5/22 EAD Received by Mail (45days)
6/25 GC card production ordered!
6/30 Welcome Letter notice received dated 6/26
7/07 Approval notice sent
7/08 GC received by mail
Posted Image
April 2009 AOS Spreadsheet by Chibby
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#4 User is online   charles! Icon

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Posted 07 May 2009 - 12:29 PM

probably better served in the aos forum, so moved from pi regional to there.
* ~ * Charles * ~ *

For timeline see wifey's:

Nessa's Timeline

Posted Image Charles Posted ImageNessa
Posted Image

#5 User is offline   Otto und Karin Icon

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Posted 07 May 2009 - 12:31 PM

QUOTE (Clarizz @ May 7 2009, 11:14 AM) <{POST_SNAPBACK}>
Hello vj's just want ask if what will happen if we didn't file AOS, SSN after we married. My visa is expired last April 27, I read in some website that you should file before the visa expired. I am married with more than 3months now but due to financial problem my husband didn't file.

If you've already entered the US you no longer have a visa (K-1 Visa) it has essentially been used so if you're referring to its expiration date, you're focused on the wrong date.

The correct date (or term) is the expiration date on the I-94 (which would be 90 days from the date entering the US). I know it sounds like no big deal, but it is important to use the correct terminology so other readers don't get confused.

It is best to file AOS (and EAD/AP) before the I-94 expires but since you're past that date it is a mute point. You should now file AOS as soon as possible in order to protect your legal status. By not doing so, you are out-of-status.

When you file for AOS (and get the NOA1) your status becomes "Pending" which is better than out-of-status. So best advice - get the money somehow and get the package sent off. good.gif
Posted Image Karin ... ............ . ....Otto Posted Image
Wuppertal,NRW *•-:¦:-•:*'''''*:•-:¦:-•* Austin,TX
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#6 User is offline   Clarizz Icon

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Posted 07 May 2009 - 12:52 PM

thanks for reply. Is it really need income tax to file AOS? what you submit about medical did you take another medical here in USA?
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#7 User is offline   Otto und Karin Icon

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Posted 07 May 2009 - 12:56 PM

QUOTE (Clarizz @ May 7 2009, 11:52 AM) <{POST_SNAPBACK}>
thanks for reply. Is it really need income tax to file AOS? yes.gif

what you submit about medical did you take another medical here in USA? Maybe - most don't if filed within a year of original medical.

Best to begin here --> http://www.visajourn...mp;page=k1k3aos before asking questions that are frequently asked. good.gif
Posted Image Karin ... ............ . ....Otto Posted Image
Wuppertal,NRW *•-:¦:-•:*'''''*:•-:¦:-•* Austin,TX
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#8 User is offline   ailene and larry Icon

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Posted 07 May 2009 - 07:13 PM

QUOTE (Clarizz @ May 7 2009, 10:52 AM) <{POST_SNAPBACK}>
thanks for reply. Is it really need income tax to file AOS? what you submit about medical did you take another medical here in USA?


yes income tax is needed
Generally, all applicants filing for adjustment of status to that

of a permanent resident must submit a Form I-693 completed

by a designated civil surgeon. Form I-693 is used to report

results of a medical examination to U.S. Citizenship and

Immigration Services (USCIS). The examination is required

to establish that you are not inadmissible to the United States

on public health grounds,if u r a k1 visa holder and already have medical overseas

You are not required to have another medical

examination as long as your Form I-485,

Application to Register Permanent Residence or

Adjust Status, is filed within one year of your

overseas medical examination

You will, however, be required to complete Part

1, Information about you, and submit the

vaccination section of Part 2 with your

adjustment of status application. A designated

civil surgeon must complete the vaccination

section and Part 5, the Civil Surgeon's

Certification.


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#9 User is offline   eric_and_teresa Icon

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Posted 07 May 2009 - 08:05 PM

QUOTE (Karin und Otto @ May 7 2009, 12:31 PM) <{POST_SNAPBACK}>
The correct date (or term) is the expiration date on the I-94 (which would be 90 days from the date entering the US). I know it sounds like no big deal, but it is important to use the correct terminology so other readers don't get confused.



good.gif Visa expiration and I-94 expiration are oftenly confused.
AOS TIMELINE
04.21.09 - I-485 Package sent
04.23.09 - USPS confirmation Package 'Received'
04.29.09 - NOA1 for I-489, EAD and AP
05.01.09 - Biometrics Appointment Notice Received
05.19.09 - Online Update: Case TRANSFERRED to California
05.21.09 - Biometrics done @ Milwaukee Support Center
05.26.09 - Trasnfer Notice received by mail
05.27.09 - AOS Online Update: Case TRANSFERRED (again) to the National Benefits Center
06.02.09 - EAD Online Update: Card production ordered
06.02.09 - AP Online Update: Approval Notice Sent
06.08.09 - AP in our mailbox!
06.10.09 - EAD Card in our mailbox
!
06.11.09 - Second Biometrics Appointment Letter Received (Fingerprints need to be re-taken)
06.12.09 - AOS ***Touched***
06.15.09 - AOS Online Update: Case Transferred to California for the Second Time
06.16.09 - AOS Touched
06.17.09 - AOS Touched
06.17.09 - 3rd. Transfer Notice Received by mail

06.19.09 - AOS Touched
06.21.09 - AOS Touched
06.22.09 - Walked in to get Biometrics done for the second time @Milwaukee's Local Office
06.22.09 - AOS Touched
06.24.09 - AOS Touched

08.14.09 - AOS Touched
08.17.09 - AOS Touched
09.02.09 - CRIS Email: Welcome letter sent! :)
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