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Posted
We got K1 in March and married in May. It is August and we havent filed for AOS yet. Bottom line is

that I am just not financially able to file right now. Is there a deadline for getting AOS? If I wait until

Sept/Oct before filing is that ok?

No deadline. Sooner you file the better tho. For one the 3 year time requirement for applying for US Citizenship starts on the date of your GC.

Also you can't work without GC or EAD or travel home and return until you have AP or GC.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: K-3 Visa Country: India
Timeline
Posted
We got K1 in March and married in May. It is August and we havent filed for AOS yet. Bottom line is

that I am just not financially able to file right now. Is there a deadline for getting AOS? If I wait until

Sept/Oct before filing is that ok?

No deadline. Sooner you file the better tho. For one the 3 year time requirement for applying for US Citizenship starts on the date of your GC.

Also you can't work without GC or EAD or travel home and return until you have AP or GC.

Does a K3 visa holder need AP as well to travel?

I-130/CR1

Service Center: CSC

Mailed --- April 12, 2007

NOA1 --- May 4, 2007

Notice Date --- April 18, 2007

Upgraded (USC) --- Dec 21, 2007 (Infopass says this is my new NOA1 date)

Acknowledged --- Dec 26, 2007

Touched --- Jan 16, 2008

Service Request --- Feb 5, 2008 (received letter saying another 60 days to go)

Infopass --- April 16, 2008 (same answer as above)

NOA2 --- April 23, 2008

K-3/I-129F

Service Center: CSC

Mailed --- Dec 21, 2007

NOA1 --- Dec 26, 2007

Notice Date --- Dec 27, 2007

Touched --- Jan 3, 2008

NOA2 --- April 23, 2008

NVC receives case --- May 2, 2008

NVC assigns case number --- May 5, 2008

Case forwarded to embassy --- May 6, 2008

Packet 3 submitted --- May 26, 2008 (never received Pkt 3 in mail)

Packet 4 Received --- Jun 1, 2008

Interview Date -- Mid-July 2008 -- Received K3!!!

AOS

Service Center: CSC

Mailed --- Aug 10, 2009

Receipt notice --- Aug 30, 2009

Biometrics --- Sept 16, 2009

Interview Letter --- Oct 3, 2009

Interview --- Nov 19, 2009

Posted
We got K1 in March and married in May. It is August and we havent filed for AOS yet. Bottom line is

that I am just not financially able to file right now. Is there a deadline for getting AOS? If I wait until

Sept/Oct before filing is that ok?

No deadline. Sooner you file the better tho. For one the 3 year time requirement for applying for US Citizenship starts on the date of your GC.

Also you can't work without GC or EAD or travel home and return until you have AP or GC.

Does a K3 visa holder need AP as well to travel?

NOPE! Ooops

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: K-1 Visa Country: Peru
Timeline
Posted
We got K1 in March and married in May. It is August and we havent filed for AOS yet. Bottom line is

that I am just not financially able to file right now. Is there a deadline for getting AOS? If I wait until

Sept/Oct before filing is that ok?

I thought you have to apply before your K1 expires...... if you dont have enough income you can ask somebody to sponsor your case. check the I-864 instructions.

Posted
We got K1 in March and married in May. It is August and we havent filed for AOS yet. Bottom line is

that I am just not financially able to file right now. Is there a deadline for getting AOS? If I wait until

Sept/Oct before filing is that ok?

I thought you have to apply before your K1 expires...... if you dont have enough income you can ask somebody to sponsor your case. check the I-864 instructions.

OP is a K3!

At the same time K1s no need file before K1 expires!

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: K-3 Visa Country: Russia
Timeline
Posted
We got K1 in March and married in May. It is August and we havent filed for AOS yet. Bottom line is

that I am just not financially able to file right now. Is there a deadline for getting AOS? If I wait until

Sept/Oct before filing is that ok?

No deadline. Sooner you file the better tho. For one the 3 year time requirement for applying for US Citizenship starts on the date of your GC.

Also you can't work without GC or EAD or travel home and return until you have AP or GC.

Everything Haole said about OP situation is true, except for the part about travelling home and returning ... which OP (or the spouse) may do she we are talking about a K3 visa. Also, there is no particular deadline for filing for AOS.

My wife entered (as my wife) in November and just re-entered the USA in July. We will file for AOS later this month.

5-15-2002 Met, by chance, while I traveled on business

3-15-2005 I-129F
9-18-2005 Visa in hand
11-23-2005 She arrives in USA
1-18-2006 She returns to Russia, engaged but not married

11-10-2006 We got married!

2-12-2007 I-130 sent by Express mail to NSC
2-26-2007 I-129F sent by Express mail to Chicago lock box
6-25-2007 Both NOA2s in hand; notice date 6-15-2007
9-17-2007 K3 visa in hand
11-12-2007 POE Atlanta

8-14-2008 AOS packet sent
9-13-2008 biometrics
1-30-2009 AOS interview
2-12-2009 10-yr Green Card arrives in mail

2-11-2014 US Citizenship ceremony

Filed: Other Country: China
Timeline
Posted
We got K1 in March and married in May. It is August and we havent filed for AOS yet. Bottom line is

that I am just not financially able to file right now. Is there a deadline for getting AOS? If I wait until

Sept/Oct before filing is that ok?

I thought you have to apply before your K1 expires...... if you dont have enough income you can ask somebody to sponsor your case. check the I-864 instructions.

OP is a K3!

At the same time K1s no need file before K1 expires!

Once in the US, a K1 visa's expiration date is meaningless. If a K1 visa actually expires, it means there was no entry at all. K1 visas are dead on US arrival. The 90 days of legal status is derived from the I-94. That's the expiration date to be concerned with.

For a K3 visa the I-94 expires in two years and the visa lives on for use in multiple US entries.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

From the responses it sounds like I dont really have to apply for a green card for her right away. The I-94 expired in July and the K1 expires in late September. Ill just wait until I get the funds. And no, Im not low income. But a wedding and several trips to another country are not cheap.

We got K1 in March and married in May. It is August and we havent filed for AOS yet. Bottom line is

that I am just not financially able to file right now. Is there a deadline for getting AOS? If I wait until

Sept/Oct before filing is that ok?

I thought you have to apply before your K1 expires...... if you dont have enough income you can ask somebody to sponsor your case. check the I-864 instructions.

OP is a K3!

At the same time K1s no need file before K1 expires!

Once in the US, a K1 visa's expiration date is meaningless. If a K1 visa actually expires, it means there was no entry at all. K1 visas are dead on US arrival. The 90 days of legal status is derived from the I-94. That's the expiration date to be concerned with.

For a K3 visa the I-94 expires in two years and the visa lives on for use in multiple US entries.

Filed: Country: France
Timeline
Posted

Awwwwwwwwwwww mine expires in 9 days and I havent done anything yet.. We just got married i1 week ago..

Am I gonna be in troule or denied if I don't send everything by the 17th ( expiration date of my I-94)

PS: I came to visit my bf, so as tourist, and he proposed me while I was in the US.

Once in the US, a K1 visa's expiration date is meaningless. If a K1 visa actually expires, it means there was no entry at all. K1 visas are dead on US arrival. The 90 days of legal status is derived from the I-94. That's the expiration date to be concerned with.

05/18/2008 Enter the US to visit my bf on a visitor visa08/01/2008 Civil wedding

11/2008 AOS package sent

11/12/2008 Recieved NOA for my AOS + biometrics appointment

12/03/2008 Biometrics appointment

01/13/2009 Email notifying me that the production of my work permit has been order

01/13/2009 Email notifying me that they accepted my AP

01/20/2009 AP in my mailbox

01/23/2009 EAD in my mailbox

02/03/2009 Appointment letter received

03/11/2009 Appointment and Green card approved

03/13/2009 email notification about production of my green card

03/16/2009 Welcome letter received

Filed: Other Country: China
Timeline
Posted (edited)
Awwwwwwwwwwww mine expires in 9 days and I havent done anything yet.. We just got married i1 week ago..

Am I gonna be in troule or denied if I don't send everything by the 17th ( expiration date of my I-94)

PS: I came to visit my bf, so as tourist, and he proposed me while I was in the US.

Once in the US, a K1 visa's expiration date is meaningless. If a K1 visa actually expires, it means there was no entry at all. K1 visas are dead on US arrival. The 90 days of legal status is derived from the I-94. That's the expiration date to be concerned with.

Apples and oranges, since you didn't come on any K visa. If you read carefully, you'd know already that you don't have to file by the I-94 expiration date.

I'm only reminding people that for K1 visa, the visa's expiration date is meaningless once the single entry visa has been used.

As the spouse of a USC, overstays are forgiven but you won't have work authorization until you file AOS and EAD and should not leave the US without Advance Parole and even that's risky. If you're comfortable being out of status and unable to work or leave the US, you can take your time filing to adjust status.

PS: Undoubtedly, somebody will be along shortly to tell you what you did was illegal and you must go home. You can just ignore them.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: AOS (apr) Country: Philippines
Timeline
Posted
...... and should not leave the US without Advance Parole and even that's risky. ..........

I will advise just a little stronger than pushbrk... With any accrued overstay, do not leave the USA even if you have advance parole. In my opinion it is not just risky... it is WAY risky.

YMMV

Filed: Country: France
Timeline
Posted (edited)
Awwwwwwwwwwww mine expires in 9 days and I havent done anything yet.. We just got married i1 week ago..

Am I gonna be in troule or denied if I don't send everything by the 17th ( expiration date of my I-94)

PS: I came to visit my bf, so as tourist, and he proposed me while I was in the US.

Once in the US, a K1 visa's expiration date is meaningless. If a K1 visa actually expires, it means there was no entry at all. K1 visas are dead on US arrival. The 90 days of legal status is derived from the I-94. That's the expiration date to be concerned with.

Apples and oranges, since you didn't come on any K visa. If you read carefully, you'd know already that you don't have to file by the I-94 expiration date.

I'm only reminding people that for K1 visa, the visa's expiration date is meaningless once the single entry visa has been used.

As the spouse of a USC, overstays are forgiven but you won't have work authorization until you file AOS and EAD and should not leave the US without Advance Parole and even that's risky. If you're comfortable being out of status and unable to work or leave the US, you can take your time filing to adjust status.

PS: Undoubtedly, somebody will be along shortly to tell you what you did was illegal and you must go home. You can just ignore them.

I knew for people with a K visa that the xpiration was not a problem, I wasn't sure for my situation as I only had a I-94.I as tourist.

I know it was not the legal way to do it, but My husband and I didn't plan on it. He has been in Irak for 2years and a half and just Finally retuned when I came visit. Then we figured out that we couldn't stand being appart anymore.

We love eachother, that's what matters for me, even if some people may think we did it the wrong way, I don't mind

Thanks for your answers!!!

I'll send the AOS ASAP, just needed to be reassured ;)

Edited by adekin

05/18/2008 Enter the US to visit my bf on a visitor visa08/01/2008 Civil wedding

11/2008 AOS package sent

11/12/2008 Recieved NOA for my AOS + biometrics appointment

12/03/2008 Biometrics appointment

01/13/2009 Email notifying me that the production of my work permit has been order

01/13/2009 Email notifying me that they accepted my AP

01/20/2009 AP in my mailbox

01/23/2009 EAD in my mailbox

02/03/2009 Appointment letter received

03/11/2009 Appointment and Green card approved

03/13/2009 email notification about production of my green card

03/16/2009 Welcome letter received

Filed: Country: Vietnam
Timeline
Posted
We got K1 in March and married in May. It is August and we havent filed for AOS yet. Bottom line is

that I am just not financially able to file right now. Is there a deadline for getting AOS? If I wait until

Sept/Oct before filing is that ok?

No deadline. The sooner the better so you can work and travel. You can also work and travel after your AED and AP cases have been approved.

Filed: Other Country: China
Timeline
Posted
Awwwwwwwwwwww mine expires in 9 days and I havent done anything yet.. We just got married i1 week ago..

Am I gonna be in troule or denied if I don't send everything by the 17th ( expiration date of my I-94)

PS: I came to visit my bf, so as tourist, and he proposed me while I was in the US.

Once in the US, a K1 visa's expiration date is meaningless. If a K1 visa actually expires, it means there was no entry at all. K1 visas are dead on US arrival. The 90 days of legal status is derived from the I-94. That's the expiration date to be concerned with.

Apples and oranges, since you didn't come on any K visa. If you read carefully, you'd know already that you don't have to file by the I-94 expiration date.

I'm only reminding people that for K1 visa, the visa's expiration date is meaningless once the single entry visa has been used.

As the spouse of a USC, overstays are forgiven but you won't have work authorization until you file AOS and EAD and should not leave the US without Advance Parole and even that's risky. If you're comfortable being out of status and unable to work or leave the US, you can take your time filing to adjust status.

PS: Undoubtedly, somebody will be along shortly to tell you what you did was illegal and you must go home. You can just ignore them.

I knew for people with a K visa that the xpiration was not a problem, I wasn't sure for my situation as I only had a I-94.I as tourist.

I know it was not the legal way to do it, but My husband and I didn't plan on it. He has been in Irak for 2years and a half and just Finally retuned when I came visit. Then we figured out that we couldn't stand being appart anymore.

We love eachother, that's what matters for me, even if some people may think we did it the wrong way, I don't mind

Thanks for your answers!!!

I'll send the AOS ASAP, just needed to be reassured ;)

You don't understand. You can ignore the people, including yourself, who say what you did wasn't legal because it WAS legal. It was legal because the decision to marry occurred after you entered the USA.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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

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