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Goldfinger

Arrived in Finace's hometown and needing some guidance

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

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Goldfinger Explorer

Goldfinger   4

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

Hey all! I've had my interview, was approved, and have received my K-1 Visa and crossed the border, so now I am with my Fiance. I've been here about a week, and I kind of want to get down to business a little bit.

I have one main question: Do I have to file my adjustment of status immediatly after I get married? Does filing my AOS have the same 90 day condition that my K-1 Visa has on it? I kind of want to get married right away and get that off of my mind, but the AOS forms are another mountain to climb it seems, so I'm wondering if I should wait to get those done to get married.

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SparklePony Proficient

SparklePony   238

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

I haven't looked at the AOS stuff yet as it's too early for me, but there should be a guide here on VJ about it just like there is for the K1 visa. I would think though that you would need proof of your marriage as part of your packet.

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

It's best practice to file for AoS as soon as you get married, and you should endeavour to do so. Once your I-94 expires then you will be illegally present in the US and could, theoretically, be detained by ICE at any time if for some reason you came up on their radar.

Marry and file for AoS within 90 days of PoE and you have none of these issues. In saying that, overstay is not a bar to an immediate relative of a US citizen receiving a green card, but being out of status (and so being unable to work or travel outside the US) sucks.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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SparklePony Proficient

SparklePony   238

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

I don't think you can get married "too early". As far as I know, there is no time frame for filling for AOS after you're married, not like the 90 day deadline you have from entry in the US to the actual marriage. The big advantage of getting married asap is that you can then file for AOS asap as well. The faster you file, the faster you get to a SSN, a green card, possibility of employment and all that.

A lot of people even get a simple courthouse wedding just to get started on the paperwork and thus having more time to plan a more formal wedding. That's what we're planning on, as well.

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

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Pitaya Grand Master

Pitaya   2,577

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

~Moved form K-1 Process to Family-based AOS Forum~

~Inquirer is past K-1~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Yssa3675 Explorer

Yssa3675   4

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

I understand that, I guess my question is whether or not I can get married too early before sending off my AOS packet

K1 Visa.

Service Center : Vermont Service Center

Consulate : Montreal, Canada

I-129F Sent : 2012-01-26

Interview Date : 2013-03-04

Visa Received : 2013-03-11

US Entry : 2013-05-02

Marriage : 2013-05-13

EAD/AP

May 24.2013 (Day 1 ) Mailed may 24, 2013

May 28 .2013(Day 4 ) Recieved: may 28 and 30, 2013( AOS,AP,EAD online and text)

June 27.2013(Day 34 ) Biometric: june 27 walked in ,(scheduled july 2.)

July 26.2013 (Day 58 ) EAD/AP approved Card in Production (july 26)

August 3.2013(Day 65 ) EAD/AP card recieved ( aug 3)

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Yssa3675 Explorer

Yssa3675   4

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

I understand that, I guess my question is whether or not I can get married too early before sending off my AOS packet

As long you have all the documents to get married... And all the documents for AOS after the wedding you can submit all to USCIS.

I moved 'to US may 2... Got the married liscence few days after, there is a 3 days waiting period for the married liscence then book a chapel, 11 days im married. Then wait for the marriage certificate for few days , get all my documents ready... AOS was mailed may 26.

K1 Visa.

Service Center : Vermont Service Center

Consulate : Montreal, Canada

I-129F Sent : 2012-01-26

Interview Date : 2013-03-04

Visa Received : 2013-03-11

US Entry : 2013-05-02

Marriage : 2013-05-13

EAD/AP

May 24.2013 (Day 1 ) Mailed may 24, 2013

May 28 .2013(Day 4 ) Recieved: may 28 and 30, 2013( AOS,AP,EAD online and text)

June 27.2013(Day 34 ) Biometric: june 27 walked in ,(scheduled july 2.)

July 26.2013 (Day 58 ) EAD/AP approved Card in Production (july 26)

August 3.2013(Day 65 ) EAD/AP card recieved ( aug 3)

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Carie_Azan Collaborator

Carie_Azan   35

Posted
Filed: K-1 Visa Country: United Arab Emirates
 Timeline
Posted

no, you only must be married within the 90 days. You can file the day after you get married pending you have the CERTERFIED copy of your marriage cert!

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Darnell Grand Master

Darnell   8,478

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

i recommend this:

1. get the SSN at a SSA office 14 days after POE date, apply in VISA name, ask for SAVE database lookup at the office.

2. get married within the 90 days.

2a. set up joint bank account using yer new SSN.

3. when you are financially ready to file the AOS set, file it. Include the EAD and AP forms, as the fees are waived when filing an AOS, adjusting from K-1 visa .

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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jaycali Experienced

jaycali   415

Posted
Filed: Timeline
Posted (edited)

Agree with Darnell. If you don't file AOS immediately, keep in mind that you will be unlawfully present after those 90 days if you haven't yet filed AOS. Unlawful presence is forgiven to spouses of US citizens so it won't really make much difference when you do file.

However, if you are unlawfully present and happen to have very bad luck and be picked up by ICE for some very unlikely random reason you can be removed. Also keep in mind that if you leave the US before AOS is approved, you will not be able to re-enter, and will start the process over from scratch.

Edited by jaycali
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