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DeniseBill

Adjustment of Status, after expirationdate?

By DeniseBill in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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DeniseBill Enthusiast

DeniseBill   4

Posted
Filed: K-1 Visa Country: Netherlands
 Timeline
Posted

Hi guys,

I had a question about the adj. of status. We saved money to be able to pay the $1010 fee but now the problem is I've gotten really sick a few weeks ago and I had to see a doctor a couple of times and needed medicine and it had to be selfpaid. We don't have any insurance so we had to use some of the money of the adj. of status.

Now my I-94 expires on feb 18th and we weren't able to plan the wedding untill 30th of jan. We are able to put the money back to pay for the $1010 fee but I don't know if we can make it before the 18th... :unsure:

Is it a big problem if we file for adjustment a few weeks later or does it HAVE to be before the 18th? I know I'll be out of status. Will the USCIS make trouble at the interview? Can we explain the situation, like sent a letter along with our package?

Hope more than 1 person can confirm it for me so I can be sure of my case.

Thank you in advance,

Denise

Love is patient and kind;

it is not jealous or conceited or proud;

love is not ill-mannered or selfish or irritable;

love does not keep a record of wrongs;

love is not happy with evil, but is happy with the truth.

Love never gives up; and its faith, hope, and patience never fail.

Love is eternal.

inloveforeveryouandmet.jpg

TimeLine:

02-29-08: Met Online

04-26-08: Told eachother how we felt

10-24-08: Went to America

12-01-09: Engaged

01-17-09: Bought the ring

01-21-09: Back to Holland =[

03-10-09: Petition send

03-16-09: NOA1

08-11-09: NOA2!!!! Finally!!!!

08-20-09: Package 3

09-10-09: Package 3 send to Consulate

09-17-09: Package 4

10-01-09: Medical + Xray

10-13-09: Interview!!!!!! Approved!!!!!!

10-15-09: Visa Arrived!!!!

11-20-09: US Entry

01-30-10: Marriage

02-13-10: Honeymoon to South Carolina

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

You will be fine. As long as you are married in the 90 days there is not deadline to apply for AOS. Just be aware that you are out of status and try and adjust before you have accrued 180 days out of status otherwise you may encounter trouble.

Try and AOS asap but in the meantime keep all records of medicals and stuff so in case they ask you have proof.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted
Hi guys,

I had a question about the adj. of status. We saved money to be able to pay the $1010 fee but now the problem is I've gotten really sick a few weeks ago and I had to see a doctor a couple of times and needed medicine and it had to be selfpaid. We don't have any insurance so we had to use some of the money of the adj. of status.

Now my I-94 expires on feb 18th and we weren't able to plan the wedding untill 30th of jan. We are able to put the money back to pay for the $1010 fee but I don't know if we can make it before the 18th... :unsure:

Is it a big problem if we file for adjustment a few weeks later or does it HAVE to be before the 18th? I know I'll be out of status. Will the USCIS make trouble at the interview? Can we explain the situation, like sent a letter along with our package?

Hope more than 1 person can confirm it for me so I can be sure of my case.

Thank you in advance,

Denise

Don't bother with a letter - USCIS will not care, as long as you file the AOS, you will be fine.

Only issue you would have is with ICE - so get it filed as soon as you can.

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

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted
Is it a big problem if we file for adjustment a few weeks later or does it HAVE to be before the 18th? I know I'll be out of status. Will the USCIS make trouble at the interview? Can we explain the situation, like sent a letter along with our package?

Denise

I was out of status for about 13-1/2 years and it never, ever, came up in any way, shape, or form, to this day.

AOS wipes your immigration history clean as a baby's freshly powdered buttock.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

DeniseBill Enthusiast

DeniseBill   4

Posted
Filed: K-1 Visa Country: Netherlands
 Timeline
  • Author
Posted

Awesome, thanks a lot guys ^^

Love is patient and kind;

it is not jealous or conceited or proud;

love is not ill-mannered or selfish or irritable;

love does not keep a record of wrongs;

love is not happy with evil, but is happy with the truth.

Love never gives up; and its faith, hope, and patience never fail.

Love is eternal.

inloveforeveryouandmet.jpg

TimeLine:

02-29-08: Met Online

04-26-08: Told eachother how we felt

10-24-08: Went to America

12-01-09: Engaged

01-17-09: Bought the ring

01-21-09: Back to Holland =[

03-10-09: Petition send

03-16-09: NOA1

08-11-09: NOA2!!!! Finally!!!!

08-20-09: Package 3

09-10-09: Package 3 send to Consulate

09-17-09: Package 4

10-01-09: Medical + Xray

10-13-09: Interview!!!!!! Approved!!!!!!

10-15-09: Visa Arrived!!!!

11-20-09: US Entry

01-30-10: Marriage

02-13-10: Honeymoon to South Carolina

TBoneTX Grand Master

TBoneTX   46,276

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
I was out of status for about 13-1/2 years
NOT recommended. OP, if you fall out of status for even a couple of days, do not travel within a 100-mile radius of either U.S. border, especially Mexico. Customs & Border Protection has inland checkpoints that are no joke for anyone who gives those agents an opening.

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(!).

DeniseBill Enthusiast

DeniseBill   4

Posted
Filed: K-1 Visa Country: Netherlands
 Timeline
  • Author
Posted

I wasn't planning on going anywhere so that's fine. Thanks for the advice.

Love is patient and kind;

it is not jealous or conceited or proud;

love is not ill-mannered or selfish or irritable;

love does not keep a record of wrongs;

love is not happy with evil, but is happy with the truth.

Love never gives up; and its faith, hope, and patience never fail.

Love is eternal.

inloveforeveryouandmet.jpg

TimeLine:

02-29-08: Met Online

04-26-08: Told eachother how we felt

10-24-08: Went to America

12-01-09: Engaged

01-17-09: Bought the ring

01-21-09: Back to Holland =[

03-10-09: Petition send

03-16-09: NOA1

08-11-09: NOA2!!!! Finally!!!!

08-20-09: Package 3

09-10-09: Package 3 send to Consulate

09-17-09: Package 4

10-01-09: Medical + Xray

10-13-09: Interview!!!!!! Approved!!!!!!

10-15-09: Visa Arrived!!!!

11-20-09: US Entry

01-30-10: Marriage

02-13-10: Honeymoon to South Carolina

SunDrop Proficient

SunDrop   59

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
I wasn't planning on going anywhere so that's fine. Thanks for the advice.

Except on your honeymoon according to your timeline! Make sure you don't speed if you're driving...

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

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

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