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Thomas and Kristi Enthusiast

Thomas and Kristi   17

Posted
Filed: Lift. Cond. (pnd) Country: Germany
 Timeline
Posted (edited)

I think they recommend filing before you I-94 expires because after that you don't have any legal status. If you file your AOS, you're legal because you're pending a decision.

Edited by Thomas and Kristi

Total elapsed time between filing I-129F to GC in hand 569 days or 1 Year, 6 months, 22 days.

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shendon Explorer

shendon   1

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

You can file it anytime. Doesn't matter if the I-94 expires, some applicants did theirs several months after the wedding due to budget issue.

Timeline

01/03/2017 N400 Priority Date
01/30/2017 Biometrics
02/01/2017 Case in Line for Interview
08/04/2017 Interview Scheduled. Waiting for mail notice..
 

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X Factor Grand Master

X Factor   1,111

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Since it is expired you have no choice but to file ASAP!

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

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VanessaTony Grand Master

VanessaTony   3,567

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

Some say within the 90 days and some say there is no time limit...

I need more time but i want to know what are the limits

There is no deadline. Everyone that says 90 days has no idea what they're talking about.

There are a LOT of threads on this topic because it is asked about 50 times a week. Please do a search and you will get your answers.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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KayDeeCee Grand Master

KayDeeCee   4,893

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

There is no deadline. Everyone that says 90 days has no idea what they're talking about.

There are a LOT of threads on this topic because it is asked about 50 times a week. Please do a search and you will get your answers.

:thumbs:

Yep, no deadline to file for AOS, but you should file as soon as you possibly can. You are out of status and accrue overstay time once your I-94 is expired (The K-1 visa was null and void when you used it to enter and its expiration date does not matter). You cannot get a state ID/drivers license, attend school, work or travel outside the US and re-enter before filing for AOS and getting your EAD/AP or green card. When you apply for AOS, you enter a period of authorized stay and the overstay clock stops running. When you are approved for your green card, the overstay is 'forgiven' and does not matter any longer.

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

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Dave&Roza Experienced

Dave&Roza   748

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

:thumbs:

Yep, no deadline to file for AOS, but you should file as soon as you possibly can. You are out of status and accrue overstay time once your I-94 is expired (The K-1 visa was null and void when you used it to enter and its expiration date does not matter). You cannot get a state ID/drivers license, attend school, work or travel outside the US and re-enter before filing for AOS and getting your EAD/AP or green card. When you apply for AOS, you enter a period of authorized stay and the overstay clock stops running. When you are approved for your green card, the overstay is 'forgiven' and does not matter any longer.

:thumbs: :thumbs:

Another thing is that if your over stay is more than 180 days, you might as well not file for AP because you would not be allowed to re-enter the US and then have to start all over with a spousal visa. Also, since the I-94 is expired there is no official documentation to show your immigration status in the US until you file for AOS. So should you find yourself near the Southern border and a CBP SUV turns his lights on and you just happen to pull to the side of the road and they check your immigration status, be prepared for a few hours (if you are luck) to a few days of discomfort as they sort this whole thing out. You might be hauled in front of an immigration judge who will tell you to file the AOS and may give you a court ordered deadline. Do not violate that deadline. There is also the debate of what you need to file should you go beyond the 2 year wedding anniversary date, but that is a whole other can of worms :whistle: .

Best to file as soon as you can,

Dave

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