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robhardin234

Timeline after getting Married on Sending in I-485 packet

By robhardin234 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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robhardin234 Rookie

robhardin234   0

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

We are officially married as of November 14th, 2016. Her I-94 states the end of the visa is on January 4th, 2017. Are we in any impending doom of her having to leave the country if we don't file immediately? I know we need to apply for her GC, but how long do we have after being married to do so?

Basically my concerns are if we have not applied for her green card by January 4th, 2017 will she be forced to leave.

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Ash.1101 Experienced

Ash.1101   1,756

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

She won't be forced to leave just because it expires.

There isn't a time limit to apply for AOS based off K-1 visa, but just be aware that once her I-94 has expired she will be out of status. If she commits any crimes, is around a crime being committed, or anything else may happen, she will be considered the same as any other person who has overstayed their visa,

It's best to apply for it as soon as possible. Not only for the protection of being put in a legal status, but so she can be closer to working, having a drivers license, and be able to leave the country if she needs too.


My husband put in his AOS application a month after his I-94 expired, but it didn't hurt anything.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 
 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

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Georgia16 Mentor

Georgia16   2,858

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

There is no timeline.

They recommend people do it before the I-94 expires but that doesn't mean it had to be before.

It's more a does she need the EAD to work and get DL? Is she fine without?

And also fees go up here Dec. 23.

 

 

 

 

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Moslund Proficient

Moslund   94

Posted
Filed: AOS (apr) Country: Scotland
 Timeline
Posted

i arrived jan 2010 on my k1 and applied for AOS april 2016 and i got my green card approved with no hassle what so ever... even at my interview they didnt really question the 6 year gap. as long as she isnt committing any crimes then immigration wont bother her.. I would file sooner rather than later cause as previous poster said she cannot work until the AOS as been submitted just remember to file the EAD at the same since its the EAD that allows her to work while the AOS is pending.. The EAD suualy takes 75-90 days for approval

April 8th: AOS sent

April 11th: Recieved at Chicago lockbox [Day 0]

April 25th: NOA1 date (never recieved e-notifications) [Day 14]

April 29th: NOA1 hard copy recieved in the mail [Day 18]

May 9th: "Fingerprint fee recieved" [Day 28]

May 12th: Reciept number's start working on USCIS case status website [Day 31]

May 20th: Biometrics letter recieved [Day 39]

June 1st: Biometric appointment [Day 51]

​November 12th: Interview letter received ​[Day 216]

December 1st: Interview day! APPROVED [Day 235]

December 5th: Case status changed from "fingerprint fee received" to "Approved" post dated Dec 1st [Day 239]

Received approval letter in the mail for Green card [Day 239]

December 6th: "Card was mailed to me" [Day 240]

December 8th: Green card received in mail!!! [day 242]

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robhardin234 Rookie

robhardin234   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

Also can we apply for her social security card now and change her last name then send in our I-485 packet? Or should we just wait until she gets her green card to get a social security and change her last name then?

Little confused about when she can change her last name.

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Georgia16 Mentor

Georgia16   2,858

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

Also can we apply for her social security card now and change her last name then send in our I-485 packet? Or should we just wait until she gets her green card to get a social security and change her last name then?

Little confused about when she can change her last name.

When married and she has the marriage certificate that is legal proof of name change :)

 

 

 

 

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robhardin234 Rookie

robhardin234   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

So when we go to the social security office tomorrow can we just bring out marriage certificate so she can have a SS card with her new last name on it?

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Pitaya Grand Master

Pitaya   2,577

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

~Moved form K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS process~

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

"Si vis amari, ama" - Seneca

 

 

 

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