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Filed: K-1 Visa Country: Philippines
Timeline
Posted

I arrived using K1 visa and got married within 90 days. I've been staying here for 9 months and not yet file for adjustment of status. Can I still file for adjustment of status?

Is there any maximum time given to adjust status after marriage?

Mark,

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

*** Thread moved from K-1 Process forum to the main AOS/Family-Based forum -- OP is at the AOS stage. ***

(Organizer hat off)

Yes, you can still file (you need to).

There's no set deadline to file, but it's best that people do it during the 90-day validity period of the I-94. Because you're well past that, don't leave the U.S. until you receive your green card (the result of successful AOS), or you won't be allowed to re-enter.

Also, avoid traveling within a 100-mile radius of either U.S. border. The agents at the internal CBP checkpoints will give you grief and could detain you.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

  • 2 weeks later...
Filed: K-1 Visa Country: Philippines
Timeline
Posted

Yes you can. It took us 8 months to file for my AOS because of finances. And it is expensive. Good luck smile.png

We really panned not to fie the AOS beacuse I'm planning to go back to PH after the wedding because I need to finish my Theology course in Ph.

Planning to re-enter maybe after a year then stay here for 2 months and back again to Ph. Can I use the spousal visa for re entry?

Filed: K-1 Visa Country: Philippines
Timeline
Posted

*** Thread moved from K-1 Process forum to the main AOS/Family-Based forum -- OP is at the AOS stage. ***

(Organizer hat off)

Yes, you can still file (you need to).

There's no set deadline to file, but it's best that people do it during the 90-day validity period of the I-94. Because you're well past that, don't leave the U.S. until you receive your green card (the result of successful AOS), or you won't be allowed to re-enter.

Also, avoid traveling within a 100-mile radius of either U.S. border. The agents at the internal CBP checkpoints will give you grief and could detain you.

Thanks for that info.

I'm planning to leave here this Sept 2013 and stay in Ph for 2years But I havent yet process my AOS. Can I re-enter using K3/spouse visa?

MissWorld here

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

We really panned not to fie the AOS beacuse I'm planning to go back to PH after the wedding because I need to finish my Theology course in Ph.

Planning to re-enter maybe after a year then stay here for 2 months and back again to Ph. Can I use the spousal visa for re entry?

If you were planning to leave, then you should not have wasted time and money on the K-1. You can leave whenever you like, but you cannot re-enter without filing for a spousal visa. It is a whole separate visa process and you will pay all the fees and wait for it too, same as you had to do for the K-1. If you would have married first and filed for the spousal visa to begin with, then you would have received your permanent residency upon entrance to the US and been able to work and travel right away. However, as a green holder, you still have to maintain residency in the US and cannot be outside the US more than you are in it without getting a re-entry permit. A K-1 entrant cannot leave without filing for AOS and receiving AP or their green card. And you still would not be able to be out of the US for a year or 2 with AP or the green card. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Your best choice would have been to get married and finish school, then have filed for the spousal visa when you were ready to enter the US to live permanently. As it is now, you can go back, finish your schooling and file for a spousal visa when ready to re-enter and stay. OR, you can stay here, file for AOS and continue your schooling in the US.

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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