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Jrsg1989 Apprentice

Jrsg1989   7

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Hey everyone, just looking for some info. 

 

I came to the USA on a K1 from London, England in January. We got married last month in March, within the 90 days. My K1 expires 26th April and we still haven’t filed to Adjust my status. We haven’t had the filing fees so couldn’t afford it right away. Just worried about me being out of status soon, more than likely before my AOS is processed. Can I be deported? 

 

Many thanks 

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Marzena & Stephen Rising Star

Marzena & Stephen   544

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Filed: Citizen (apr) Country: Canada
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11 minutes ago, Jrsg1989 said:

Hey everyone, just looking for some info. 

 

I came to the USA on a K1 from London, England in January. We got married last month in March, within the 90 days. My K1 expires 26th April and we still haven’t filed to Adjust my status. We haven’t had the filing fees so couldn’t afford it right away. Just worried about me being out of status soon, more than likely before my AOS is processed. Can I be deported? 

 

Many thanks 

Tagged you in a forum this has been discussed in.

 

 

 
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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
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Since you married within 90 days, you can file for AOS at any time based on that marriage. However, unless you actually do file for AOS, your period of legal status in the US will terminate after the 90 days.

Anybody in the US without a valid status or authorized stay is subject to deportation. An overstay in itself is not a priority for removal, but it's not impossible either.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Jrsg1989 Apprentice

Jrsg1989   7

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10 minutes ago, geowrian said:

Since you married within 90 days, you can file for AOS at any time based on that marriage. However, unless you actually do file for AOS, your period of legal status in the US will terminate after the 90 days.

Anybody in the US without a valid status or authorized stay is subject to deportation. An overstay in itself is not a priority for removal, but it's not impossible either.

I will file for AOS, as soon as I have the filing fees. Asking family back home to help. Just worried about my AOS being processed while I’m out of status 

16 minutes ago, Marzena & Stephen said:

Tagged you in a forum this has been discussed in.

Thank you, that was a great help 👍

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
6 minutes ago, Jrsg1989 said:

I will file for AOS, as soon as I have the filing fees. Asking family back home to help. Just worried about my AOS being processed while I’m out of status

Filing while out of status will not be a consideration as the immediate relative of a USC. They won't deny AOS for that reason.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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RLA Collaborator

RLA   323

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Filed: Citizen (apr) Country: Germany
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Posted
9 minutes ago, Jrsg1989 said:

Sorry I don’t understand, can you explain a bit more? 

Your AoS will not be denied just because you filed late / are out of status.  

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Cyberfx1024 Grand Master

Cyberfx1024   7,980

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Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
4 hours ago, Jrsg1989 said:

Sorry I don’t understand, can you explain a bit more? 

A lot of people come here on the K1 visa and do not file within that window so there is no need to worry at all. They will not deny you for being over the 90 days if you got married within that 90 day window.

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