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pinklady0216

k1 k2 expires next week...pls help..

By pinklady0216 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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pinklady0216 Explorer

pinklady0216   1

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

hi just want to ask.....we are on k1 and k2 visa..we arrived here last sept....and married already...im worried if i can still stay here we are still working for the AOS docs and due to some financial probs...we can submit the AOS package on the last week of the the dec....are wes still ok to stay here?pls help..thanks...

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reese1 Proficient

reese1   68

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted (edited)

As long as you were married within the 90 days (which you say you have). Then you are fine if you do not submit the AOS before your I-94 expires. Yes you can stay and are not considered illegal, just out of status.

Edited by reese1

Our Journey
6/13/2012 Sent I-129F package
6/14/2012 NOA1 --> California Service Center
9/25/2012 NOA2
10/01/2012 NOA2 Hardcopy received
10/01/2012 NVC Received
10/19/2012 Left NVC
11/30/2012 Picked-up Packet from Local Post Office
01/16/2013 Medical
01/23/2013 Interview - In AP

09/24/2013 Visa picked-up from DOMEX
10/10/2013 POE Ft. Lauderdale

10/28/2013 Applied for Social Security Number

01/01/2014 WEDDING IN LAS VEGAS


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Ontarkie Grand Master

Ontarkie   14,227

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

~~~~Moved to Adjustment of Status (Green Card) from Family Based Visas, from Removing Conditions on Residency General Discussion since they are not yet at ROC and are starting the AOS process~~~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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VanessaTony Grand Master

VanessaTony   3,567

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

As long as you were married within the 90 days (which you say you have). Then you are fine if you do not submit the AOS after it expires. Yes you can stay and are not considered illegal, just out of status.

Out of status IS considered illegal and they are accruing unlawful presence.

hi just want to ask.....we are on k1 and k2 visa..we arrived here last sept....and married already...im worried if i can still stay here we are still working for the AOS docs and due to some financial probs...we can submit the AOS package on the last week of the the dec....are wes still ok to stay here?pls help..thanks...

You are not required to file before their visas expire but they will be illegally present and out of status. While unlikely, there is the possibility if they run into ICE officers of being put in immigration detention until they see an immigration judge who orders you to file AOS for them.

They will need to avoid immigration checkpoints and try and stay (so people say) more than 100 miles away from the borders.

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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toastedpancake Community Regular

toastedpancake   15

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

As long as you were married within the 90 days (which you say you have). Then you are fine if you do not submit the AOS before your I-94 expires. Yes you can stay and are not considered illegal, just out of status.

:thumbs: :thumbs: :thumbs:

Nothing in this world worth having comes easy.

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reese1 Proficient

reese1   68

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

Out of status IS considered illegal and they are accruing unlawful presence.

You are not required to file before their visas expire but they will be illegally present and out of status. While unlikely, there is the possibility if they run into ICE officers of being put in immigration detention until they see an immigration judge who orders you to file AOS for them.

They will need to avoid immigration checkpoints and try and stay (so people say) more than 100 miles away from the borders.

You are correct it is technically considered illegal presences. Will ICE be beating down their door looking for them, more than likely not. Do they need to hide in the house, no. Do they need to pack up their bags and get on a plane back to their country right now if they can't file AOS before it expires, no. Will they start to accumulate overstay time once the I-94 expires absolutely. Provided that they do file in a timely manner after it expires (hopefully 6 months). There will be minimal if any consequences. I guess I could have worded it better in the first post. :whistle:

Our Journey
6/13/2012 Sent I-129F package
6/14/2012 NOA1 --> California Service Center
9/25/2012 NOA2
10/01/2012 NOA2 Hardcopy received
10/01/2012 NVC Received
10/19/2012 Left NVC
11/30/2012 Picked-up Packet from Local Post Office
01/16/2013 Medical
01/23/2013 Interview - In AP

09/24/2013 Visa picked-up from DOMEX
10/10/2013 POE Ft. Lauderdale

10/28/2013 Applied for Social Security Number

01/01/2014 WEDDING IN LAS VEGAS


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Moomin Proficient

Moomin   292

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

If you married within 90 days - follow the guide for AOS from K1. That's regardless of when you submit AOS. If you submit AOS after 2 years, then you include the I130. However, your wife will be out of status for those 2 years. She can only adjust status based on being married to you but it's a pain waiting that long.

My husband and I got a loan for AOS. He started paying it and I paid it off when getting a job and it reflected one year of good credit and we just got approved for a house loan. 2 flies with one smack! Anyways, I'd suggest filing AOS as soon as you can because it comes with your wife being eligible to work, drive a car and basically live a normal life. I don't applause getting a loan for everything but for us, it turned out to cost less because I started to work sooner and contribute rather than my husband being the only one with an income.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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Darnell Grand Master

Darnell   8,478

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

The 'presence in the USA' dates are controlled by the I-94, not be the K-1/K-2 visa.

Why did you think the dates in the visa controlled your presence in the USA?

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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