k1 expiry --> aos timing

[avol93 7]

Hi there.

 

We are coming up slowly on my interview date and I have a query about K1 expiry and submitting AOS. So our wedding is planned for Jan 20th. If all goes well with my interview and I get my passport back quickly I was thinking of flying around Oct 25th. This puts us at 88 days from entry to marriage. That weekend is a holiday weekend in the US so we probably won't be able to send of our packet until Jan 22nd and I doubt USCIS will receive it and process it instantly. Will this limbo time between expiry and AOS submitted and processed cause issues for us? Should I just come in a few days later to give us more time? Has anyone actually done this and can share their experience?

 

Grateful for any and all responses!

[geowrian 22,337]

As long as you file it within the 90 days then that's fine.

Technically, you can file it after the 90 days, although you would be out of status and without authorized stay after the 90 days until you did file. The overstay is not a bar for AOS, although it would mean ESTA privileges being revoked and becoming permanently ineligible for them (i.e. if you don't complete AOS, or ever give up your green card).

[Jaquelly 1,647]

Is it possible to do a small courthouse ceremony before your wedding ceremony that way you can file your AOS packet earlier, and then enjoy your wedding when you planned it?

[avol93 7]

1 hour ago, Jaquelly said:

Is it possible to do a small courthouse ceremony before your wedding ceremony that way you can file your AOS packet earlier, and then enjoy your wedding when you planned it?

We did think about this. We are not sure just yet, I think it would be preferable to us for me to just fly in a week or so later so that if any of my U.K. Family can make it to the wedding (my dad and brother especially) then it will be the real ceremony he will be attending.

[avol93 7]

1 hour ago, geowrian said:

As long as you file it within the 90 days then that's fine.

Technically, you can file it after the 90 days, although you would be out of status and without authorized stay after the 90 days until you did file. The overstay is not a bar for AOS, although it would mean ESTA privileges being revoked and becoming permanently ineligible for them (i.e. if you don't complete AOS, or ever give up your green card).

In terms of this does "file" mean when I send it, or when they receive and have processed it and issued an NOA1?

[Jaquelly 1,647]

8 minutes ago, avol93 said:

We did think about this. We are not sure just yet, I think it would be preferable to us for me to just fly in a week or so later so that if any of my U.K. Family can make it to the wedding (my dad and brother especially) then it will be the real ceremony he will be attending.

That's exactly how my husband felt. He wanted his parents to be there for the real vows.

[geowrian 22,337]

8 minutes ago, avol93 said:

In terms of this does "file" mean when I send it, or when they receive and have processed it and issued an NOA1?

When they receive it in the mailroom (even if before they enter it into their system).