Out of Status on K-1

[Florence and Tim 0]

I've read the FAQ's, guides, and forms, but I'm still not sure exactly what this all means along with AOS after my fiance comes here and marries me. Here's what I'm wondering:

In Chicago, AOS takes 2-- or so days. The K-1 visa is for 90 days without possibility of extension (at least that's what I've read about it). After we get married, does my fiance need to go back to her home country and wait for AOS? Sounds scary. How can they finger print her remotely? My guess is this isn't the case. Can someone explain this gap really quick for me? Thanks in advance!

-Tim

[~Chad~ 0]

Tim after you marry her, she doesn't have to go back to her country. I'm sure of that, but i cant help you with the finger-print question.

[Jasman0717 9]

Did you read the guides concerning the K-1/K-3 visa types and AOS? Look at the top of the page and click on Guides! I think the guide explains it fairly well. If your are filing for the K-1 you will have 90 days upon entry into the U.S. to marry and file for the adjustment of status. If you do not do this by the time the I-94 expires the beneficiary could be considered out of status. I have seen several posts where the couple waited well past the 90 day limit to file the AOS and didn't have any problems but I wouldn't recommend it. Who wants unnecessary problems with the USCIS.

Good luck

Edited January 24, 2007 by jasman0717

[Florence and Tim 0]

Thanks! At least just having one person tell me that is enough to stop me from worrying. I don't need to worry about remote finger printing in that case. I started thinking about that movie where the guy put the fly in the teleportation box, and then he turned into a flyguy thing. Scary stuff. Wanted to make sure nothing like that was possible

-Tim

[Florence and Tim 0]

Did you read the guide concerning the K-1/K-3 visa types? I think the guide explains it fairly well. If your are filing for the K-1 you will have 90 days upon entry into the U.S. to marry and file for the adjustment of status. If you do not do this by the time the I-94 expires the beneficiary could be considered out of status. I have seen several posts where the couple waited well past the 90 day limit to file the AOS and didn't have any problems but I wouldn't recommend it. Who wants unnecessary problems with the USCIS.

Good luck

Thanks. I read this. But I don't know what they consider filing. Once you file do they get you something temporary right away to let you know you're not out of status, you know, in case someone asks? I mean, filing is just sending in papers. It seems too unofficial to extend someone's stay. We plan on marrying ASAP when she gets here and filing ASAP as well. I just don't get how it works - do they keep special note that you filed somehow? I get scared that filing is somehow similar to getting approval. Hmm...

What exactly does "filing" mean? (I was thinking it meant sending in the papers.)

-Tim

Edited January 24, 2007 by Florence and Tim

[~Chad~ 0]

Hummm, well i can tell you from a police officer's standpoint, a marriage certificate is enough. As far as immigration, i plan on copying the AOS paperwork before sending it. But i also plan on not traveling out of the country until the AOS has been approved.

[john_and_marlene 162]

Once you file do they get you something temporary right away to let you know you're not out of status, you know, in case someone asks?

You will get a Notice of Action showing that you have submitted the AOS.

[Jasman0717 9]

Did you read the guide concerning the K-1/K-3 visa types? I think the guide explains it fairly well. If your are filing for the K-1 you will have 90 days upon entry into the U.S. to marry and file for the adjustment of status. If you do not do this by the time the I-94 expires the beneficiary could be considered out of status. I have seen several posts where the couple waited well past the 90 day limit to file the AOS and didn't have any problems but I wouldn't recommend it. Who wants unnecessary problems with the USCIS.

Good luck

Thanks. I read this. But I don't know what they consider filing. Once you file do they get you something temporary right away to let you know you're not out of status, you know, in case someone asks? I mean, filing is just sending in papers. It seems too unofficial to extend someone's stay. We plan on marrying ASAP when she gets here and filing ASAP as well. I just don't get how it works - do they keep special note that you filed somehow? I get scared that filing is somehow similar to getting approval. Hmm...

What exactly does "filing" mean? (I was thinking it meant sending in the papers.)

-Tim

Once you file and it and it is received by Chicago the clock starts ticking all over again, you are not out of status at that point. You will receive a NOA just like you did for the petition. I think the NOA comes from the MSC. Your petition goes into the hopper just like your visa petition did. Claudeth's AOS sat in MSC for about 4 months and then was transferred to CSC for processing. Once you get your NOA you can track your petiton through their online system.

https://egov.immigration.gov/cris/jsps/logi...id=cABNg3eLv_Pa

Good Luck

Edited January 24, 2007 by jasman0717