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sophannaven

what is the deadline to do AOS on a K-1?

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Filed: AOS (apr) Country: Cambodia
Timeline

I have been looking on the forums here and i still cant get a clear answer!

If a person arrives here on a k1 visa we must be married in 90 days!

but what is the time frame for sending in AOS?

i see people say they send it in AFTER THE 90 DAYS to even 6 months and even a year or 2!

is there somesort of law that we have to send the AOS in certain amount of time? Has anyone here sent in their AOS 6 months late but got married within the 90 days!??

please advise thanks!!!

Sophanna Ven

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Filed: K-1 Visa Country: Philippines
Timeline

Needs to be sent in within the 90 day time frame. Same as getting married.

Those that send it in late have run into problems and some are even denied.

Look at the Guide part of VJ and the AOS section for what to send and it cost 1010 for AOS AP EAD.

GOOD LUCK!

Rosie and David

single 15 years married 5 months ....now I know what peaks and valleys are in life. LOVE my wife hehehe

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Short answer - as soon as you can (meaning shortly after you marry).

Yes - people have sent it in later than that, 6 months after marriage and later - and been ok. Others have not been so lucky.

What you should know is that if you've not yet adjusted status -- and your I 94 has expired - then you are technically deportable. That's why it's best to file as soon as you can.

And it goes without saying that you certainly should not travel outside the US or work during that time.

Edited by TracyTN
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Filed: Citizen (apr) Country: Nigeria
Timeline

Its best to do it within the time frame from entry to expiry of i-94. If you send it later, there is no guarantee what may happen. All the best!!!!!!

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Filed: Timeline
Needs to be sent in within the 90 day time frame. Same as getting married.

Those that send it in late have run into problems and some are even denied.

Look at the Guide part of VJ and the AOS section for what to send and it cost 1010 for AOS AP EAD.

GOOD LUCK!

Rosie and David

This is not true :no:

you have 90 days to get married; but you do not have to send your AOS/AP/EAD immediately.

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Needs to be sent in within the 90 day time frame. Same as getting married.

Those that send it in late have run into problems and some are even denied.

Look at the Guide part of VJ and the AOS section for what to send and it cost 1010 for AOS AP EAD.

GOOD LUCK!

Rosie and David

This is not true :no:

you have 90 days to get married; but you do not have to send your AOS/AP/EAD immediately.

So when do you have to file the AOS? I thought you were out of status if you didn't file within 90 days of entry.

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent : 2008-12-02

I-129F Receipt Notice : 2008-12-05

RFE: 2009-02-26

Approval Notice: 2009-03-13

NVC Received: 2009-03-23

Left NVC: 2009-05-12

Stuck at NVC 50 days

Interview: 2009-06-23 Passed!

Visa picked up: 2009-06-25

POE Detroit: 2009-07-04

Married: 2009-09-11

Filed for AOS: 2009-09-22

Biometrics taken: 2009-10-29

Advance Parole approved 2009-11-04

Employment Authorization approved 2009-11-04

AOS Appointment 2009-12-15

AOS Approved 2009-12-15

Green Card Received 2010-01-02

Filed for ROC: 2011-09-17

ROC approved 2012-03-21

Green Card Received 2012-03-26

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:no: the 90 day limit is for getting married (and hence fulfilling the terms of your K-1 visa).

Like someone posted above, you do have to file before the I-94 expires.

Doesn't the I-94 expire 90 days after entry??? :blink:

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent : 2008-12-02

I-129F Receipt Notice : 2008-12-05

RFE: 2009-02-26

Approval Notice: 2009-03-13

NVC Received: 2009-03-23

Left NVC: 2009-05-12

Stuck at NVC 50 days

Interview: 2009-06-23 Passed!

Visa picked up: 2009-06-25

POE Detroit: 2009-07-04

Married: 2009-09-11

Filed for AOS: 2009-09-22

Biometrics taken: 2009-10-29

Advance Parole approved 2009-11-04

Employment Authorization approved 2009-11-04

AOS Appointment 2009-12-15

AOS Approved 2009-12-15

Green Card Received 2010-01-02

Filed for ROC: 2011-09-17

ROC approved 2012-03-21

Green Card Received 2012-03-26

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:no: the 90 day limit is for getting married (and hence fulfilling the terms of your K-1 visa).

Like someone posted above, you do have to file before the I-94 expires.

Doesn't the I-94 expire 90 days after entry??? :blink:

I do not think so. Isn't it 6 months?

My fiancee's has "October 2, 2009" written on it, which is 90 days after entry. I assumed that was when it expired.

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent : 2008-12-02

I-129F Receipt Notice : 2008-12-05

RFE: 2009-02-26

Approval Notice: 2009-03-13

NVC Received: 2009-03-23

Left NVC: 2009-05-12

Stuck at NVC 50 days

Interview: 2009-06-23 Passed!

Visa picked up: 2009-06-25

POE Detroit: 2009-07-04

Married: 2009-09-11

Filed for AOS: 2009-09-22

Biometrics taken: 2009-10-29

Advance Parole approved 2009-11-04

Employment Authorization approved 2009-11-04

AOS Appointment 2009-12-15

AOS Approved 2009-12-15

Green Card Received 2010-01-02

Filed for ROC: 2011-09-17

ROC approved 2012-03-21

Green Card Received 2012-03-26

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Filed: Timeline
:no: the 90 day limit is for getting married (and hence fulfilling the terms of your K-1 visa).

Like someone posted above, you do have to file before the I-94 expires.

Doesn't the I-94 expire 90 days after entry??? :blink:

I do not think so. Isn't it 6 months?

My fiancee's has "October 2, 2009" written on it, which is 90 days after entry. I assumed that was when it expired.

Oh, there you go. Other folks have longer lasting I-94's from what I've heard. Hmmm.

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:no: the 90 day limit is for getting married (and hence fulfilling the terms of your K-1 visa).

Like someone posted above, you do have to file before the I-94 expires.

Doesn't the I-94 expire 90 days after entry??? :blink:

I do not think so. Isn't it 6 months?

My fiancee's has "October 2, 2009" written on it, which is 90 days after entry. I assumed that was when it expired.

Oh, there you go. Other folks have longer lasting I-94's from what I've heard. Hmmm.

People coming in on a K-1 usually are only granted 90 days (since they are here to marry and immigrate, not visit).

So - K-1's need to marry and file AOS within that 90 day period.

Marriage is critical, AOS can be delayed, but I would not risk it...

(do it all in the I-94 period) :)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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My understanding is you must both get married and file AOS within 90 days from POE. It is true you could get married right away and sit on the AOS filing a few months but I would definitely have it field before 90 days were up.

03/26/2009: NVC in
04/08/2009: Learned we are being screened for Additional Processing 'AP'
05/09/2009: Arrived at the US consulate in Bangkok
05/15/2009: Medical Passed
05/20/2009: Packet 3 received
05/21/2009: Packet 3 returned

07/08/2009: Interview
07/08/2009: issued 221(g) due to proof of single status document missing a stamp
07/20/2009: Resubmitted document with missing stamp. Accepted
07/23/2009: Visa issued


07/28/2009: POE JFK
07/31/2009: Married
09/02/2009: AOS submitted
09/10/2009 NOA1
09/25/2009: Case Transfered to CSC
10/13/2009 Biometrics
10/26/2009: Received EAD card
11/30/2009: RFE Delayed Birth Registration
12/31/2009: USCIS receives RFE reply
1/07/2010: Green Card Delivered
1/15/2010: Green Card Arrived

10/10/2011: Mailed in I-751 to remove conditions
10/20/2011: NOA1
11/28/2011: Biometrics
03/29/2012: RFE USCIS wants more proof of a bona fide relationship
04/03/2012: USCIS receives RFE reply
04/10/2012: Approval Letter
5/18/2012: Email notice that Green Card is being produced
5/24/2012: Green Card Arrived

10/07/14: N-400 mailed

11/12/14: Biometrics

12/5//14: In Line

03/25/15: Naturalization Ceremony: Journey Complete

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Filed: AOS (apr) Country: Scotland
Timeline

You want to do it as soon as possible. For us that was 3 months after the I-94 expires and our AOS process was a breeze.

29/06/2004 Met online

24/10/2004- Officially started dating!

-Various Trips Between the USA and Scotland-

25/12/2007- Steven Proposed, and gave me a lovely Ring!

29/02/2008- Sent I-129F to VSC

22/09/2008-1pm - Recieved Visa!

04/11/2008 -Steven comes back to Scotland for the Celebrations!

09/11/2008- We return home together!

23/01/2009- Wedding!!!

Your I-129f was approved in 108 days from your NOA1 date.

Preparing AOS Forms.

09/4/2009- Sent AOS

11/4/2009- Received and signed for

20/4/2009- Received NOA for AOS/EAD/AP (Dated April 17th)

20/4/2009- USCIS cashed check for $1010

09/5/2009- Biometrics

11/5/2009- Case transferred to CSC

05/6/2009- Received AP

09/6/2009- Received EAD

22/7/2009- Approved!

27/7/2009- Greencard in Hand

Removal of Conditions.

15/5/2011- Received @ VSC

23/5/2011-NOA1

12/07/2011- Biometrics

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