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Filed: K-1 Visa Country: Philippines
Timeline

Hello...

 

K1 visa no AOS.  Married within 90 days of arrival.

 

Getting close to 2 years of marriage.  She has been here entire time, and not left.

 

An attorney told me I could just file for a 10 year card.  Reading here it looks possible.  She will have to do the medical.  I693.

Reading here she should file the I130 as well with the I485.

 

It has been tough with no work permit, and license.  I was able to get her a state ID before the 90 day visa expired.  They expired the ID once the visa expired, but she still has it.  It has been of some use.  The bank took it along with her passport for a joint checking account.  Had to visit 4 banks to find one that would add her without SSN.  The id is accepted when she uses her debit card if they ask for ID.  The casinos will not take it.  They open up her passport to the expired visa page and it takes a while to get them on the correct passport ID page, but then all is good until the guards change shifts...  

 

Anyways.  Can we ride out a little more time and go for the 10 year card?  

 

If so how close to the 2 yr wedding mark can I send all the documents in?  Months in advance? Our office is in St. Louis, Mo.

 

I am getting her civil surgeon I693 done in the next couple months.

I have everything else ready to file, with a backup copy made.(minus the I130 as I just read about that earlier on another thread)

 

Also does a 10 year card give more freedom as far as length of time she can stay out of country?

We will maintain a permanent residence here in Missouri always.

 

Thanks

 

 

 

 

 

 

 

 

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You just file aos normal way. No i-130. That's for people who didn't get married within 90 days. 

 

And no she has not that much freedom when it comes to residency. She has to spend majority of the year in the USA or risk the green card being taken away. Only citizenship allows the full freedom and then she can live wherever country she wants. 

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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For a K-1 entrant, she needs to file for AOS in order to get a conditional green card. Thereafter she can file for ROC within 90 days prior to her conditional green card expiry. She can't just skip all that to get a 10-year GC.

 

She can file for EAD and AP concurrently with the AOS for free. EAD for employment and AP for travels outside the US. However, with AP, she can't actually travel for extended period of time or she would be considered abandoning her pending AOS.

 

Fyi:

 

AOS = I-485

 

EAD = I-765

 

AP = I-131

 

Current fee $1140 + $85 biometrics fee

Edited by KULtoATL

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

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If you have been married 2 years at the time of adjudication she will get a 10 year green card.

 

Everything crossed for a smooth and stress free journey

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