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khan

Green card holder filing AOS for her future husband

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

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khan Explorer

khan   0

Posted
Filed: K-1 Visa Timeline
Posted

I'm posting this question for a friend of mine. She is in the States for 3.5 years and have a green card. Her fiance is here on a student visa. They both want to get married. Now, here are their concerns. Will they be able to file AOS? If they do what will be the husband's status? Can he work prior to green card approval meaning can he apply for EAD along with AOS? ANd also what forms will they have to fill out?

Thanks for replying in advance

JD AND JIYA ( K1 Journey)

Service Center : Vermont Service Center

Consulate : London, United Kingdom

I-129F Sent : 12-05-2005

NOA1 : 12-13-2005

I-129F NOA2 : 02-09-2006

Estimates/Stats : I-129f was approved in 66 days.

NVC Received : 02-16-2006

NVC Left : 02-22-2006

Consulate Received : 02-25-2006

Packet 3 Received : 03-03-2006

Packet 3 Sent : 03-04-2006

Packet 4 received : 04-10-2006

Interview: 04-27-2006 APPROVED

Visa Arrived: May 4th, 2006 YAY

AOS

8/8/2006: Sent AOS

08/29/2006: Transferred to CSC

09/06/06: Biometric done

09/06/06: CSC recieved case (email notification)

09/08/2006: Touched

09/19/2006: Touched

09/20/2006: Touched

01/15/2007: Touched

02/07/2007: Touched RFE Notice via email :(

03/01/2007: Touched RFE recieved notice

03/02/2007: GC Approved

03/07/2007: GC sent to me

03/09/2007: GC in hand

AP AND EAD

8/8/2006: Sent

10/26/2006: AP Approved

10/26/2006: EAD touched

10/27/2006: EAD touched

10/31/2006: EAD Approved

11/07/2006: EAD recieved in the mail

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john_and_marlene Mentor

john_and_marlene   162

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

They cannot file AOS. An immigrant visa number is not immediately available for spouses of LPRs. She can submit a petition for hem after they are married, but he won't be eligible for an immigrant visa for many years.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

She would have to file an I-130 for him and once his student visa has expired he would have to leave the US and return to his home country to wait for a Visa to become available to him... this would take a few years depending on which country he comes from.... or once she has become a USC a visa would be available immediatly and he could come on a CR1/K3

Kez

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