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Filed: K-1 Visa Country: Philippines
Timeline
Posted

My fiance arrived in the US in Feb/2011 and her visa expires in May/2011. We were married the day after she arrived here.Does this mean that we need to file for the AOS before the expiration date on her K-1 visa or is there an intermediate step we can utilize as we gather the required funds to apply for the AOS?

Posted

There is no deadline to file for AOS, though it is better to apply as early as possible to avoid out-of-status days (if you file after the 90 days are up). However, any out-of-status days are forgiven when you adjust. If funds are an issue, I would borrow money and adjust ASAP, so your wife can get work permission and start contributing to the household income.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

My fiance arrived in the US in Feb/2011 and her visa expires in May/2011. We were married the day after she arrived here.Does this mean that we need to file for the AOS before the expiration date on her K-1 visa or is there an intermediate step we can utilize as we gather the required funds to apply for the AOS?

The expiration date on a K1 visa is the date that it must be used to enter the US. From the date of entry, the couple has 90 days to get married (in your case, you got married the day after your fiancee's arrival). For your situation regarding funds for AOS, I agree with Harpa Timsah, borrow and file. When you file for AOS, also file for EAD (employment authorization document). The EAD allows your wife to work while AOS is pending.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: K-1 Visa Country: Philippines
Timeline
Posted

There is no deadline to file for AOS, though it is better to apply as early as possible to avoid out-of-status days (if you file after the 90 days are up). However, any out-of-status days are forgiven when you adjust. If funds are an issue, I would borrow money and adjust ASAP, so your wife can get work permission and start contributing to the household income.

Is there a avenue by which we can provide evidence of our marriage if we must file after the 90 day period?

Posted

Is there a avenue by which we can provide evidence of our marriage if we must file after the 90 day period?

When you send your AOS you have to submit a copy of your marriage certificate

229248abu3e9v4w9.gif

  • AOS Status
  • 03-10-11 Day 00 = AOS FedEx overnight
  • 03-11-11 Day 01 = AOS at Chicago Lockbox FedEx Confirmation
  • 04-11-11 Day 32 = AOS Text/eMail Confirmation
  • 04-14-11 Day 35 = NOA (EAD & AOS)
  • 04-15-11 Day 36 = Bio-Metrics NOA
  • 05-10-11 Day 61 = Bio-Metrics Appointment
  • 05-17-11 Day 68 = Submitted Request to Correct Name on 485 & 765
  • 05-23-11 Day 74 = Status online shows I-765 (EAD) Approved
  • 06-02-11 Day 84 = EAD arrived in the mail
  • 06-02-11 Day 84 = Went to SSA office (name wrong on Master Immigration List)
  • 06-12-11 Day 95 = InfoPass to correct name
  • 06-12-11 Day 95 = SSA office again Pending name update
  • 06-??-11 Day ?? = Received Social Security Card
  • 08-03-11 Day 146 = AOS Interview

Posted

Is there a avenue by which we can provide evidence of our marriage if we must file after the 90 day period?

Besides filing AOS, no.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
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