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Filed: K-1 Visa Country: United Kingdom
Timeline

oopsss

your well out of status - A K1 is only valid for 90 days and only when you file your AOS do you remain in status.

Did you get married within those 90 days ? If so I pressume you can file for AOS - If not you must file I-130.

Are you working ?

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Filed: Citizen (apr) Country: Canada
Timeline

If you've gotten married on a K1 visa, you're technically out of status, yes. Filing the AOS gives you a considerable grace, though; the time spent out of status is basically forgiven, provided you haven't left the country. Leaving the US and trying to re-enter when you've been out of status is a big no-no with serious implications; you can be banned for 3 years or 10 years depending on how long you were out of status for.

Therefore, the two points I stress: (1) Get your AOS filed as soon as possible; (2) Don't leave the US until you have your AP (advanced parole).

Circumstances do come up to prevent immediate filing, often financial. USCIS seems to turn a fair eye from these and many people in overstay actually didn't even have it questioned at their AOS interview. What's important for you is to assemble that package thoroughly and send it off. Good luck and continue to use us as a resource as you need!

26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

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Filed: K-1 Visa Country: Honduras
Timeline

In the instructions for the K-1 it says you must be married within 90 days. Also in the instructions for the K-1 in #9 it says "How does your Alien Fiance obtain permanent resident status? your alien fiance may apply for conditional permantent residency status after you have entered into a valid marriage to each other within 90 days of your fiances entry into the US. Your alien spouse should then apply promptly to UCIS for adustment of status to conditional permanent resident, using form I-485, Aplication to register or adjust status."

I think they know it takes a few weeks to gather the documents. It took me 4 weeks before we were able to obtain our marriage cert and that put us over the 90 days by 2 weeks. Nowwhere does it say that you must file before the 90days is expired.

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Filed: K-1 Visa Country: Canada
Timeline

Thank you very much, everybody. I will submit my AOS as soon as possible.

I came to the United States last Sep. and got married two weeks later.

I do not work and my husband and I are expecting a boy in May.

The baby is the one who makes me forget myself. :blush:

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