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Filed: Timeline
Posted

Hello everyone! :)

Who got married after 90 days period to the petitioner? How bad was it with filing AOS? What problems u got? Or it was just longer than for others who got married within 90 days? Please, who went through this, let me know. Its very important.

Thank you soooooo much!!

Filed: Citizen (apr) Country: Iran
Timeline
Posted

Since you did not marry within the 90 days the K-1 is no longer valid, you broke the rules. You can marry and concurrently file the I-130/I-485 (see guides at top) but you can no longer just adjust status from the K-1 as you did not marry within the 90 days.

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Some just got to do things the hard way :bonk:

Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

Filed: Lift. Cond. (pnd) Country: Chile
Timeline
Posted

You should state why you didn't marry in 90 days because right now everyone is assuming it is because you two just didn't follow the rules. But could it have been due to illness or hospitalization or something like that? If so then maybe just maybe you can have the 90 days extended but if its bc you guys just didn't get married within 90 days then you have to redo everything but now with a marriage visa. And the international spouse most likely will have to go back to their home country to wait the approval of the new visa. When the tell you to get married within 90 days then you MUST get married within 90 days unless there was some type of complication which meant you physically could not get married.

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Removal of Conditions
08/25/2015: I-751 Sent 08/28/2015: I-751 Delivered

09/04/2015: NOA1 Received 09/25/2015: Biometrics Appointment
TBA: Interview Appointment TBA: Removal of Conditions Approved

AOS
06/11/2013: I-485 & I-765 Sent
06/13/2013: NOA1 Received (AOS & EAD)
07/11/2013: Biometrics Appointment 08/15/2013: EAD Approved
08/26/2013: EAD Card Received 09/16/2013: Interview Waived Letter Received
11/20/2013: AOS Approved

K-1
06/21/2012: I-129F Sent 06/27/2012: I-129F NOA1

12/21/2012: NVC Received 12/28/2012: NVC Left
01/07/2013: Consulate Received 02/27/2013: Interview Date

03/05/2013: Visa Received 03/15/2013: US Entry

Posted

You should state why you didn't marry in 90 days because right now everyone is assuming it is because you two just didn't follow the rules. But could it have been due to illness or hospitalization or something like that? If so then maybe just maybe you can have the 90 days extended but if its bc you guys just didn't get married within 90 days then you have to redo everything but now with a marriage visa. And the international spouse most likely will have to go back to their home country to wait the approval of the new visa. When the tell you to get married within 90 days then you MUST get married within 90 days unless there was some type of complication which meant you physically could not get married.

I have never seen them bend this rule. They tell you at the interview you must get married within 90 days. You sign a letter of intent that states you will get married within 90 days. At the POE they told my wife that she had 90 days to get married. You have 90 days to get married based on a K-1. PERIOD. If you miss that then you need to file the I-130 with the I-485 AOS rather than wasting time seeing about a waiver due to unforseen circumstances. All the OP has to do is file the I-485 with the I-130 which is adjusting status within the US for a spouse of a USC. No need to go back to the home country and do the entire I-130 spousal visa. It will cost more than just the AOS and will take more time, but that is the penalty for not following the rules.

Good luck,

Dave

Filed: Lift. Cond. (pnd) Country: Chile
Timeline
Posted

I have never seen them bend this rule. They tell you at the interview you must get married within 90 days. You sign a letter of intent that states you will get married within 90 days. At the POE they told my wife that she had 90 days to get married. You have 90 days to get married based on a K-1. PERIOD. If you miss that then you need to file the I-130 with the I-485 AOS rather than wasting time seeing about a waiver due to unforseen circumstances. All the OP has to do is file the I-485 with the I-130 which is adjusting status within the US for a spouse of a USC. No need to go back to the home country and do the entire I-130 spousal visa. It will cost more than just the AOS and will take more time, but that is the penalty for not following the rules.

Good luck,

Dave

My friend got into a car accident coming back from the airport when her fiance and her arrived. The US citizen was in the hospital for 5 months and they allowed their 90 day period to be extended and said that it is very uncommon but for cases that the US citizen or the beneficiary cannot physically get married they extend it. That is why her case was extended. So it has happened before but like I mentioned before it is very uncommon and it takes a lot to prove. That is why i told the OP that they will most likely have to start the whole process over again but with a marriage visa.

event.png

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Removal of Conditions
08/25/2015: I-751 Sent 08/28/2015: I-751 Delivered

09/04/2015: NOA1 Received 09/25/2015: Biometrics Appointment
TBA: Interview Appointment TBA: Removal of Conditions Approved

AOS
06/11/2013: I-485 & I-765 Sent
06/13/2013: NOA1 Received (AOS & EAD)
07/11/2013: Biometrics Appointment 08/15/2013: EAD Approved
08/26/2013: EAD Card Received 09/16/2013: Interview Waived Letter Received
11/20/2013: AOS Approved

K-1
06/21/2012: I-129F Sent 06/27/2012: I-129F NOA1

12/21/2012: NVC Received 12/28/2012: NVC Left
01/07/2013: Consulate Received 02/27/2013: Interview Date

03/05/2013: Visa Received 03/15/2013: US Entry

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Hello everyone! :)

Who got married after 90 days period to the petitioner? How bad was it with filing AOS? What problems u got? Or it was just longer than for others who got married within 90 days? Please, who went through this, let me know. Its very important.

Thank you soooooo much!!

It is clearly stated time and time again that you must marry within 90 days of entering, before your I-94 expires.

You are no longer eligible to file for AOS based on your approved I-129F and K-1 visa.

You do not have to leave the US, but you are basically starting all over again. You must now file an I-130 concurrently with your I-485. Follow this guide: http://www.visajourney.com/content/i130guide2

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

** Moving from K1 to AOS from Family visa as that is what the OP is asking about ****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: Citizen (apr) Country: Jordan
Timeline
Posted

I will never understand why some people don;t follow the rules of the k1 and get married within the 90 days like they are supposed to. Then they come here asking what they should do and make excuses for why they didn't. People if you file a k1 do yourself a favor and follow the rules


Filed: K-1 Visa Country: Egypt
Timeline
Posted

Hello everyone! :)

Who got married after 90 days period to the petitioner? How bad was it with filing AOS? What problems u got? Or it was just longer than for others who got married within 90 days? Please, who went through this, let me know. Its very important.

Thank you soooooo much!!

your AOS will be denied. This is not a suggestion, is a rule! YOU MUST MARRY WITHIN 90 DAYS! No exceptions. If you marry outside the 90 days, the process changes.

:angry: Really? Do people fail to follow this rule? If you think you can't marry within 90 days of arrival, do not petition anyone. You will be hurting the beneficiary, not to mention more money will be wasted!

Don't ever do anything you're not willing to explain the paramedics.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

your AOS will be denied. This is not a suggestion, is a rule! YOU MUST MARRY WITHIN 90 DAYS! No exceptions.

That is not true. It becomes more costly, but it will not automatically be denied. In fact, chances of denial are pretty slim if this guide is followed: http://www.visajourney.com/content/i130guide2

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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