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spartan Community Regular

spartan   2

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

Hi,

This question is for my friend. She got here on 08/15/11 got married on 11/10/11 and has not filed the AOS up until now. She and her husband are planning to file this month of January 2012. My question is, Will the USCIS asks her to leave US and file the I-130 in her country or she can still stay here in US while doing the paper work?

Thanks,

anna

K1 Process:
April 22, 2008 I-129F NOA1
Aug. 25, 2008 I-129F NOA2
Aug. 28, 2008 NVC left
Sept. 09, 2008 Consulate received
Sept. 16, 2008 Appointment notice received
Sept. 23, 2008 Filed Jap. police clearance
Sept. 24-25, 2008 Medical exam Done. Thank God I'm healthy
Oct. 03, 2008 Interview date
Nov. 11, 2008 Got a call from Jap. Embassy PC ready for pick up
Nov. 13, 2008 Picked up and submitted the Police clearance to USEM
Nov. 28, 2008 Visa is ready for delivery
Dec. 02, 2008 Visa in transit to Cebu (delayed bcuz Dec. 1 was holiday)
Dec. 03, 2008 Visa received abot na jud tawn Thank you Lord.
Dec. 08, 2008 POE Hawaii, Honolulu
Dec. 09, 2008 Got married (wedding and honeymoon in Hawaii)
Dec. 12, 2008 Newly wed couple flew to SFO, CA

AOS Process:
Feb. 04, 2009 USCIS received AOS docs.
Feb. 12, 2009 NOA received (AOS and EAD)
Feb. 13, 2009 Biometrics appointment received
Feb. 25, 2009 Biometrics schedule (10 AM) San Francisco DONE
March 14, 2009 Received interview schedule
April 11, 2009 Received EAD card
April 21, 2009 Interview (APPROVED) (2 months 17 days from filing)

April 28, 2009 Welcome Letter received
May 2, 2009 GREEN CARD received (2 months and 29 days)
May 22, 2009 Filed SSN
May 24, 2009 Got SSN at SSA
June 11, 2009 SSN Card received in mail

Naturalization

April 30, 2013 N-400 mailed (i used regular mail not express)

May 3, 2013 NOA priority date (received in mail 05/09/13)
May 8, 2013 Check cashed out, received text and email (N-400 accepted)

May 31, 2013 Biometrics

June 4, 2013 In Line

June 6, 2013 Received email and text N400 has been scheduled
June 10, 2013 Received letter in mail
July 16, 2013 Interview @3:30pm SFO

qlko09mo73vl.png

Karee Grand Master

Karee   4,191

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

Hi,

This question is for my friend. She got here on 08/15/11 got married on 11/10/11 and has not filed the AOS up until now. She and her husband are planning to file this month of January 2012. My question is, Will the USCIS asks her to leave US and file the I-130 in her country or she can still stay here in US while doing the paper work?

Thanks,

anna

Yes she is fine staying here. Just make sure she doesn't leave until she gets either the advance parole document, or the green card. This is actually quite common. The only requirement is to get married within the 90 days.

You can click on the 'X' to the right to ignore this signature.

ceadsearc Proficient

ceadsearc   516

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

She can stay. Why is she filing an I-130 if she came on a K-1?

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

spartan Community Regular

spartan   2

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

Yes she is fine staying here. Just make sure she doesn't leave until she gets either the advance parole document, or the green card. This is actually quite common. The only requirement is to get married within the 90 days.

Thanks :)

K1 Process:
April 22, 2008 I-129F NOA1
Aug. 25, 2008 I-129F NOA2
Aug. 28, 2008 NVC left
Sept. 09, 2008 Consulate received
Sept. 16, 2008 Appointment notice received
Sept. 23, 2008 Filed Jap. police clearance
Sept. 24-25, 2008 Medical exam Done. Thank God I'm healthy
Oct. 03, 2008 Interview date
Nov. 11, 2008 Got a call from Jap. Embassy PC ready for pick up
Nov. 13, 2008 Picked up and submitted the Police clearance to USEM
Nov. 28, 2008 Visa is ready for delivery
Dec. 02, 2008 Visa in transit to Cebu (delayed bcuz Dec. 1 was holiday)
Dec. 03, 2008 Visa received abot na jud tawn Thank you Lord.
Dec. 08, 2008 POE Hawaii, Honolulu
Dec. 09, 2008 Got married (wedding and honeymoon in Hawaii)
Dec. 12, 2008 Newly wed couple flew to SFO, CA

AOS Process:
Feb. 04, 2009 USCIS received AOS docs.
Feb. 12, 2009 NOA received (AOS and EAD)
Feb. 13, 2009 Biometrics appointment received
Feb. 25, 2009 Biometrics schedule (10 AM) San Francisco DONE
March 14, 2009 Received interview schedule
April 11, 2009 Received EAD card
April 21, 2009 Interview (APPROVED) (2 months 17 days from filing)

April 28, 2009 Welcome Letter received
May 2, 2009 GREEN CARD received (2 months and 29 days)
May 22, 2009 Filed SSN
May 24, 2009 Got SSN at SSA
June 11, 2009 SSN Card received in mail

Naturalization

April 30, 2013 N-400 mailed (i used regular mail not express)

May 3, 2013 NOA priority date (received in mail 05/09/13)
May 8, 2013 Check cashed out, received text and email (N-400 accepted)

May 31, 2013 Biometrics

June 4, 2013 In Line

June 6, 2013 Received email and text N400 has been scheduled
June 10, 2013 Received letter in mail
July 16, 2013 Interview @3:30pm SFO

qlko09mo73vl.png

Darnell Grand Master

Darnell   8,479

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

since she married within the 90 day window -

all she needs to do is file the AOS stuff - see the Guides section here for the forms.

OTOH, IF SHE GOT MARRIED PAST THE 90 DAY WINDOW (and she didn't, aye?)

then she'd need to file AOS + I-130.

She's fine - tell her not to worry, as there is NO FEDERAL REGULATION on when to file the AOS, adjusting from a K-1, if the marriage occurred within the 90 day window past POE date, prior to I-94 expiring.

ps - she can stay. in fact - she MUST stay till she has the greencard or AP document in hand. If she leaves prior, she will have abandoned her path to a greencard, and then the uscitizen spouse has to start all over with an I-130 petition .. which of course, would suck, much.

Edited by Darnell

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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