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Filed: K-1 Visa Country: Ukraine
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I entered USA as a K1(fiance visa) with ine 90 days period we got married but due to hardship we dont have enough money for filing for the adjustment status we passed the 90 days period for filing...what should we do?

I would call an immigration lawyer, you might find one who can give you advice over the phone for free or something.

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Filed: IR-1/CR-1 Visa Country: China
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This is where things get confusing, IMO -

You had a mandate to get married within 90 days, or go home.

You got married within the 90 period, so THAT part is good.

There is no rule/law/onus to file the AOS paperwork within that 90 days.

MANY couples waited past the '90 day window' with no repurcussions whatsoever.

As is, you are NOT 'out of status' - instead, you have NO STATUS.

Going forward, I suggest ya get the monies together within the next 2 weeks and file the big AOS packet.

Disclaimer - I am not a lawyer, nor do I play one on TV - but I can be had for food, at least a kilogram.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: K-1 Visa Country: Vietnam
Timeline
This is where things get confusing, IMO -

You had a mandate to get married within 90 days, or go home.

You got married within the 90 period, so THAT part is good.

There is no rule/law/onus to file the AOS paperwork within that 90 days.

MANY couples waited past the '90 day window' with no repurcussions whatsoever.

As is, you are NOT 'out of status' - instead, you have NO STATUS.

Going forward, I suggest ya get the monies together within the next 2 weeks and file the big AOS packet.

Disclaimer - I am not a lawyer, nor do I play one on TV - but I can be had for food, at least a kilogram.

That's not my understanding.

The I-94 expires after 90 days, whether they get married or not. Since the beneficiary entered on a K1, they have to get married in order for he/she to be eligible to apply for AOS, and gain legal status beyond the 90 days. They did that, so they are now eligible to apply for AOS. But the I-94 is expired, and the beneficiary is out of status until they file for AOS.

I don't think it's possible to be in the US and have "no status".

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Citizen (apr) Country: Ukraine
Timeline
This is where things get confusing, IMO -

You had a mandate to get married within 90 days, or go home.

You got married within the 90 period, so THAT part is good.

There is no rule/law/onus to file the AOS paperwork within that 90 days.

MANY couples waited past the '90 day window' with no repurcussions whatsoever.

As is, you are NOT 'out of status' - instead, you have NO STATUS.

Going forward, I suggest ya get the monies together within the next 2 weeks and file the big AOS packet.

Disclaimer - I am not a lawyer, nor do I play one on TV - but I can be had for food, at least a kilogram.

That's not my understanding.

The I-94 expires after 90 days, whether they get married or not. Since the beneficiary entered on a K1, they have to get married in order for he/she to be eligible to apply for AOS, and gain legal status beyond the 90 days. They did that, so they are now eligible to apply for AOS. But the I-94 is expired, and the beneficiary is out of status until they file for AOS.

I don't think it's possible to be in the US and have "no status".

You do not need an attorney. File the AOS as soon as possible. There is no requirement to file it within 90 days, it is best if you can, but nothing bad will happen.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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This is where things get confusing, IMO -

You had a mandate to get married within 90 days, or go home.

You got married within the 90 period, so THAT part is good.

There is no rule/law/onus to file the AOS paperwork within that 90 days.

MANY couples waited past the '90 day window' with no repurcussions whatsoever.

As is, you are NOT 'out of status' - instead, you have NO STATUS.

Going forward, I suggest ya get the monies together within the next 2 weeks and file the big AOS packet.

Disclaimer - I am not a lawyer, nor do I play one on TV - but I can be had for food, at least a kilogram.

That's not my understanding.

The I-94 expires after 90 days, whether they get married or not. Since the beneficiary entered on a K1, they have to get married in order for he/she to be eligible to apply for AOS, and gain legal status beyond the 90 days. They did that, so they are now eligible to apply for AOS. But the I-94 is expired, and the beneficiary is out of status until they file for AOS.

I don't think it's possible to be in the US and have "no status".

What ever the OPs status is if she/he runs into someone from ICE or the border patrol they will be detained and removal proceedings will be started if they don't have evidence they applied for AOS.

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

!! ALL PAU!

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Borrow some money from family, friends, etc. and file AOS as soon as possible.

That's what you should do unless you would like to keep staying where you are.

Immigration Process (DCF Japan)

08/06/2008 I-130 petition at Tokyo, Japan

08/13/2008 I-130 approved

|

| Waited until we were ready to move back

|

07/13/2009 IV interview at Tokyo, Japan

07/15/2009 IV(IR-1) in hand

Post-DCF

07/29/2009 POE at Las Vegas

08/17/2009 GC(10yrs) received

Click here for the detailed timeline.

Done with USCIS until

- naturalization in May 2012 or

- GC replacement in February 2019

CXmLm7.png

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Filed: Citizen (apr) Country: Ecuador
Timeline
Whatever the OPs status is if she/he runs into someone from ICE or the border patrol they will be detained and removal proceedings will be started if they don't have evidence they applied for AOS.
Or, at least the encounter would prove extremely unpleasant. OP, until you have as a priority collected the $1,010 for filing of the AOS/EAD/AP paperwork and filed the paperwork, avoid traveling anywhere within a 100-mile radius of the Canadian or Mexican border.

Once you have filed the paperwork, your status will be "applicant for adjustment of status," or (more simply) "adjustment applicant."

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(!).

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we just filled my AOS , i arrived on a k1 got married in the first 90 days never filled my adjustment (i'm talking about years) , i guess cause i was never on the position where i need to work my hubby provides for everything and so far i haven't had any problems with the paperwork i'll let you know if a do.

junari8.jpg

COUNTRIES HAVE BORDERS, LOVE DOESN'T

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Filed: Citizen (apr) Country: Ecuador
Timeline
(i'm talking about years)
You have been very fortunate. This delayed course of action is not recommended for others! Let us know how your application turns out.

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(!).

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Filed: Citizen (apr) Country: Brazil
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moved from K-1 Fiance(e) Visa Process & Procedures to Adjustment of Status (Green Card) from Family Based Visas

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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Filed: K-1 Visa Country: United Kingdom
Timeline
I entered USA as a K1(fiance visa) with ine 90 days period we got married but due to hardship we dont have enough money for filing for the adjustment status we passed the 90 days period for filing...what should we do?

Can I just ask.... Why didn't you save the money up before moving/attempting to get a Visa??

Dave

UK-US%20Flags2.gif

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Filed: AOS (apr) Country: Philippines
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I entered USA as a K1(fiance visa) with ine 90 days period we got married but due to hardship we dont have enough money for filing for the adjustment status we passed the 90 days period for filing...what should we do?

Hi Kabayan, I entered K1 visa too on March 5, 2009 and got married within 90 days and my I-94 expired on June 3, 2009 but due to hardship in life, I applied my AOS on Aug.21 but so far no problem infact I got my AP & EAD card on Oct. 8 & waiting for my green card.... My friend arrived in Texas 2006 and she only applied her AOS Feb.2009, got her EAD & green card without problem. So, I'm sure, you'll be good. If you can't afford the $1010 for now then apply the EAD (I-765 - $340) first so you can get a job then apply the AOS later. I hope this idea will help you. Take care and May God be with you.

babyrog

AOS TIMELINE:

08/10/09 ------- Sent docs for I-693 to Dr. Arnold

08/17/09 ------- Got the sealed envelope from Dr. Arnold

08/21/09 ------- Mailed the AOS docs in USCIS (Chicago lockbox)

08/23/09 ------- AOS docs arrived @ USCIS signed by R. Mercedo.

08/27/09 ------- NOA for AOS,EAD & AP

08/28/09 ------- USCIS cashed check for $1,010

09/23/09 ------- Case transferred to CSC

09/26/09 ------- Biometric appointment. Thanks be to GOD

09/27/09 ------- EAD card production ordered

09/28/09 ------- EAD touched

09/30/09 ------- AOS touched

09/30/09 ------- USCIS mailed my notice of approval of AP

10/01/09 ------- AOS touched, initial review. EAD still on card production ordered

10/02/09 ------- EAD touched. Submitted form AR-11 for AOS thru online.

10/19/09 ------- AOS touched & received email from USCIS "card production ordered".

10/23/09 ------- GREENCARD RECEIVED WITHOUT INTERVIEW IN JUST 2 MONTHS.

10/24/09 ------- Welcome to the USA letter received

10/2011 -------- REMOVE CONDITON

REMOVAL OF CONDITION:

09/19/11 -------- Sent the I-751 in Vermont office

09/21/11 -------- Vermont office received my papers.

09/29/11 -------- Got the NOA1 dated 09/22/11

10/28/11 -------- Biometrics done

06/29/12 -------- Approved

07/05/12 -------- Received the 10 years Green Card.

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Filed: K-1 Visa Country: United Kingdom
Timeline
we just filled my AOS , i arrived on a k1 got married in the first 90 days never filled my adjustment (i'm talking about years) , i guess cause i was never on the position where i need to work my hubby provides for everything and so far i haven't had any problems with the paperwork i'll let you know if a do.

You don't file the AOS to just be able to work!! Whether you plan to work and pay your own way, or scrounge off your partner... the AOS still has to be done!!

A couple of years?? Lucky, very lucky!! Wouldn't recommend anyone else being this lax/useless with the AOS or ANY of their paperwork

Dave

UK-US%20Flags2.gif

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Filed: AOS (apr) Country: Malaysia
Timeline
I entered USA as a K1(fiance visa) with ine 90 days period we got married but due to hardship we dont have enough money for filing for the adjustment status we passed the 90 days period for filing...what should we do?

If you have $1010 now, file for AOS. If not, try to find a way to get it. If no one wants to lend you that sum of money, then you have to be careful in places that you go, as mentioned by the previous poster, stay away from the borders and also don't leave the country.

I, too, just filed for AOS after more than one year being out of status. It is not something I would advise anyone. It's a risk and life sucks when you're out of status, you know what I mean!

All the best to you!

Cheers.

“You need to be aware of what others are doing, applaud their efforts, acknowledge their successes, and encourage them in their pursuits. When we all help one another, everybody wins.” - Jim Stovall -

Our Journey

2008-08-15 .......... Married on K-1!!!!

2009-08-28 .......... Sent AOS (I-485 and I-765) Application to Chicago

2009-09-11 .......... NOA 1 for I-485 and I-765

2009-09-25 .......... Biometrics Appointment in Charlotte, NC (walk-in)

2009-10-08 .......... EAD Approved (CRIS update)

2009-10-08 .......... I-485 Touched, I-485 Case transferred to CSC (CRIS update)

2009-10-09 .......... Biometrics Appointment #2 in Charlotte, NC (walk-in)

2009-10-15 .......... I-485 Case transferred to USCIS office

2009-10-16 .......... I-485 Touched, EAD card arrived in the mail

2009-10-19 .......... I-485 Touched

2009-11-04 .......... I-485 Touched

2009-11-05 .......... I-485 RFE (CRIS update)

2009-11-06 .......... I-485 Touched

2009-11-10 .......... RFE arrived in the mail

2009-11-12 .......... RFE response sent back to CSC

2009-11-17 .......... RFE Received at CSC (CRIS update)

2009-11-18 .......... I-485 Touched

2009-11-23 .......... I-485 Notice that new permanent resident status has been registered

2009-11-24 .......... I-485 Card production ordered

2009-11-25 .......... I-485 Touched

2009-11-30 .......... I-485 Approval Notice sent, Permanent Resident Card in the mail!!!

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