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Alexa

Applying for Green Card

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

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Alexa Contributor

Alexa   0

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

Hello, All!

I have a quick and hopefully easy question. My fiance came on a K1 Visa. We officially got married on October 6, but did not apply for the Green Card yet. We are leaving on our honeymoon now and I am afraid that we will not have time to apply for the Green Card on time. His visa expires on October 29.

Is the law that we need to get married until October 29th, or apply for Green Card until October 29th?

Please, help!

Thank you.

K-1 Visa Timeline

02/24/2006 I-129F Sent to Nebraska Service Center

02/26/2006 I-129F Received by Nebraska Service Center

03/01/2006 NOA1 Received

05/04/2006 NOA2 Received (e-mail) (65 days)

05/06/2006 NOA2 Received (snail mail)

05/16/2006 Financial Packet sent to fiance

05/22/2006 NVC Notice Received (Case Number issued)

05/24/2006 Originals of supporting evidence sent to fiance

05/26/2006 Case received by Kiev Embassy/Packet #3 sent to fiance

05/26/2006 Financial Packet (#2) received by fiance (10 days)

06/05/2006 Originals of supporting evidence received by fiance (11 days)

06/08/2006 Fiance completed assembling documents for Packet #3

06/09/2006 Fiance requested interview via e-mail

06/14/2006 Interview scheduled on June 20th at 9:00 am!

06/20/2006 VISA APPROVED!

07/21/2006 Fiance enteres United States

09/06/2006 WE ARE MARRIED!

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meauxna Mentor

meauxna   15

Posted
Filed: Country: United Kingdom
 Timeline
Posted

You must marry in the fist 90 days in the US, on a K-1. The visa expiration date is now immaterial--are you meaning the I-94 date?

It's best to file the AOS packet in the first 90 days, but many people file after the 90 days and have no repercussions.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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RichardS Collaborator

RichardS   0

Posted
Filed: AOS (apr) Timeline
Posted

Technically, if his VISA expires on Oct 29 you have until then to 1) get married and 2) file for AOS (Green Card). There are plenty of cases where people have gotten married within the specified 90-day time frame and delayed filing for GC until after 90-day period of time.

Your fiancee will legally be out of status without filing for AOS before Oct 29 but there are some cases where this has been a problem and many other cases where this has not been a problem!

My question would be why give the USCIS any reason to question his legitimacy by not filing before Oct 29???

Also, I assume that your honeymoon is within the USA. Your fiancee cannot leave the USA with a K-1 Visa as it is only good for 1 entry without previously having secured an Advance Parole document!

In any event ... hope that this information helps! Good luck!

Timeline

01-30-06 2-Year Green Card Approved

02-11-06 2-Year Green Card Arrival

11-05-07 I-751 Petition MAILED To TSC

11-08-07 I-751 Petition RECEIVED At TSC

11-26-07 I-751 Petition Transferred to CSC and Check Cashed

12-01-07 NOA For 1-Year Extention RECEIVED from CSC

12-17-07 Biometrics Letter Received / Scheduled for 1/8/08

01-08-08 Biometrics Completed At ASC

01-08-08 Touched

01-09-08 Touched

03-26-08 10-Year GC APPROVED!!!! HOORAY!!!

04-03-08 10-Year GC ARRIVES! GC Journey Over For Another 10-Years~On To Citizenship

N-400 Application

10-15-2009 Application Filed

10-16-2009 Application Received / Lewisville, TX

10-21-2009 NOA I-797 Receipt for Application

11-10-2009 Electronic Notice of RFE For Biometrics

11-12-2009 Biometrics Letter Received

12-04-2009 Biometrics

12-17-2009 Notice That File Has Been Transferred To Local Office For Standard Interview

01-19-2010 Interview - PASSED! HOORAY!

01-20-2010 Oath for NEW U.S. Citizen! FINISHED AND DONE!

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Alexa Contributor

Alexa   0

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

Thank you!

I will try to file it before October 29th if I can.

Thank you, again, for your help!

K-1 Visa Timeline

02/24/2006 I-129F Sent to Nebraska Service Center

02/26/2006 I-129F Received by Nebraska Service Center

03/01/2006 NOA1 Received

05/04/2006 NOA2 Received (e-mail) (65 days)

05/06/2006 NOA2 Received (snail mail)

05/16/2006 Financial Packet sent to fiance

05/22/2006 NVC Notice Received (Case Number issued)

05/24/2006 Originals of supporting evidence sent to fiance

05/26/2006 Case received by Kiev Embassy/Packet #3 sent to fiance

05/26/2006 Financial Packet (#2) received by fiance (10 days)

06/05/2006 Originals of supporting evidence received by fiance (11 days)

06/08/2006 Fiance completed assembling documents for Packet #3

06/09/2006 Fiance requested interview via e-mail

06/14/2006 Interview scheduled on June 20th at 9:00 am!

06/20/2006 VISA APPROVED!

07/21/2006 Fiance enteres United States

09/06/2006 WE ARE MARRIED!

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meauxna Mentor

meauxna   15

Posted
Filed: Country: United Kingdom
 Timeline
Posted
Technically, if his VISA expires on Oct 29 you have until then to 1) get married and 2) file for AOS (Green Card). There are plenty of cases where people have gotten married within the specified 90-day time frame and delayed filing for GC until after 90-day period of time.

RichardS,

Note the important difference between the visa expiring and the I-94 expiring.

I'd be a lot more concerned with what the I-94 says; the visa was used up when the K-1 entered the US with it.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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