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MochiKamo

Avance Parole - Am I worrying my wife needlessly?

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

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baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
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Posted

The only ambiguity in the law is that it sets a time limit for a K1 to marry in order to secure their eligibility to adjust status based on the I-129F petition, but it doesn't set a time limit for them to apply for adjustment of status. If they married within 90 days then they remain eligible to adjust status as long as they remain married to the petitioner. In the 9th Circuit Court district they even have a shot at adjustment of status after they've divorced, but that's a whole 'nother story.

So what folks NEED to take away from all this discussion are the following:

1. The K-1 and the 90 days are not supposed to be a "let's get to know each other" and then we'll decide to marry or not visa. The couple should have agreed (as they stated in their letters of intent to marry) to get married as soon as they can.

AND the Corollary IS:

2. That they intend (and have read all the required documentation and have the funds available) to submit for AOS best within the 90 days of the I-94 validity.

All too often I read about "OK, we're married, now what?" or "We suddenly don't have the money for AOS"

They shouldn't have entered the US until these two facts were known and solved. JMO

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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JimVaPhuong
JimVaPhuong

This is not correct. Any alien who is present in the United States without authorization is "unlawfully present", and is accumulating unlawful presence. A person who enters with a K1 visa is granted 9

JimVaPhuong
JimVaPhuong

K1's begin accumulating unlawful presence when their I-94 expires, regardless of when they got married. If they accumulate more than 180 days of unlawful presence then they'll incur a 3 year ban if th

Kathryn41
Kathryn41

Vanessa and Jim are correct. A K-1 is authorized to remain in the US for 90 days. To complete the condition of the K-1 that will allow them to apply for permission to remain in the US based on the K-

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Yagisama - thanks so much for the update !

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.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Andy and Pui Rising Star

Andy and Pui   16

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

Yes Yagisama, thank you for that update. I had this exact same question. Pui has about 41 or 42 days of overstay from when her I-94 expired and when we received NOA1's for her AOS. We got an AP at an info pass this morning and I just got back from dropping her off at the airport. Here is to hoping there is no problems in two weeks.

AOS Journey

11-04-2011 sent AOS to Chicago lockbox

11-07-2011 delivered

11-08-2011 Date on text messages but did not receive until 11-22-2011

11-23-2011 Check cashed.

11-25-2011 Hard copies of NOA1s

12-06-2012 Pui's Brother unexpectly passes away and we make an info pass appointment and receive an emergancy AP so she can return home. Pui leaves for Thailand for 2 weeks.

12-06-2012 Get a text message and email that she received an RFE

12-12-2012 RFE for original birth certificate. I swear we sent it along with a certificate translation of it.

12-20-2012 Pui returns from Thailand.

12-21-2012 We send the RFE back for with original birth certificate along with a new certificate of translation(I had to wait for her to return for her to sign)

12-26-2012 text and email they have received the RFE.

12-29-2012 Appointment for biometrics is 01-23-2012

01-13-2012 AP is approved.

01-23-2012 Biometrics appointment. Later during the evening the text and email saying the EAD is approved.

01-31-2012 EAD/AP combo card arrives.

05-22-2012 Email and text card is in production!

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Andy and Pui Rising Star

Andy and Pui   16

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

Yagisama, I wanted to update you. Pui just came home today and she had no problem at POE. She had an emergency AP and the guy asked her how she knew about it. So I do not see any problems when you and your wife return. Good luck and happy holidays.

AOS Journey

11-04-2011 sent AOS to Chicago lockbox

11-07-2011 delivered

11-08-2011 Date on text messages but did not receive until 11-22-2011

11-23-2011 Check cashed.

11-25-2011 Hard copies of NOA1s

12-06-2012 Pui's Brother unexpectly passes away and we make an info pass appointment and receive an emergancy AP so she can return home. Pui leaves for Thailand for 2 weeks.

12-06-2012 Get a text message and email that she received an RFE

12-12-2012 RFE for original birth certificate. I swear we sent it along with a certificate translation of it.

12-20-2012 Pui returns from Thailand.

12-21-2012 We send the RFE back for with original birth certificate along with a new certificate of translation(I had to wait for her to return for her to sign)

12-26-2012 text and email they have received the RFE.

12-29-2012 Appointment for biometrics is 01-23-2012

01-13-2012 AP is approved.

01-23-2012 Biometrics appointment. Later during the evening the text and email saying the EAD is approved.

01-31-2012 EAD/AP combo card arrives.

05-22-2012 Email and text card is in production!

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