AOS off of K-1 Help

[Megan and Ehan 7]

Hey everyone, 

K1 approved and Married 11/20/18 and his K1 visa is expired 12-12-18... Do we have to have all of the paperwork for AOS filled and sent in by then? Or is it more lenient because we are married now?

Also do I the petitioner have to submit another affidavit of support for the AOS or can I just submit supporting financial documents? 

Did you make a nice binder/folder to make it presentable? 

Also the medical exam was sent from husbands country to the US embassy, is this something that is accessible on their end? 

THANKS everyone. 

 

[ThomasNC1988 762]

31 minutes ago, Megan and Ehan said:

Hey everyone, 

K1 approved and Married 11/20/18 and his K1 visa is expired 12-12-18... Do we have to have all of the paperwork for AOS filled and sent in by then? Or is it more lenient because we are married now?

Also do I the petitioner have to submit another affidavit of support for the AOS or can I just submit supporting financial documents? 

Did you make a nice binder/folder to make it presentable? 

Also the medical exam was sent from husbands country to the US embassy, is this something that is accessible on their end? 

THANKS everyone. 

 

You can file whenever you like. Right away or in 10 years but once his visa is expired he technically has no legal status. I think there was a case here where someone didn't file got picked up at an immigration checkpoint and the judge just told them to file and sent her home. You will need an I-864 for the affidavit for f support and they should have his medical already. Package guidelines are basically the same as the 129f as far as assembling goes. No Staples or binders or anything like that just clips at the top will do you.

Edited December 6, 2018 by ThomasNC1988

[K1visaHopeful 2,814]

3 minutes ago, Megan and Ehan said:

Hey everyone, 

K1 approved and Married 11/20/18 and his K1 visa is expired 12-12-18... Do we have to have all of the paperwork for AOS filled and sent in by then? Or is it more lenient because we are married now?

 

No you do not have to file AOS before your I94 expires. You only have to be married. It's better to file it as soon as possible though because the foreign spouse cannot work or leave the US (and return to the US) without either an approved EAD/AP combo card or their GC. Currently Combo cards are processing at 4 to 6 months while AOS is dependent on your local Field Office. Many FOs are taking 8 months at minimum to 2 years+ max.

Also do I the petitioner have to submit another affidavit of support for the AOS or can I just submit supporting financial documents?

Yes. Your K1 will apply for AOS and will be required to have a sponsor. This time the sponsor will fill out I864 instead and be required to meet 125% of the FPGL's rather than 100%. Also this form is actually a legally binding agreement between the sponsor and the government. Should the foreigner become a public charge, the sponsor is legally liable to be responsible for paying back the government. You will need to again provide many of the same supporting financial documents that you did with the I134 however they must be current as this time the emphasis is on CURRENT income. You can take a look at the instructions and forms from USCIS for the I864 to see what supporting documents are required and what your financial commitment will be as a sponsor.

 

 

Did you make a nice binder/folder to make it presentable? 

 

It's the same presentation as the K1. No binders. Only clips and dividers along the bottom of the pages are advised.

 

3 minutes ago, Megan and Ehan said:

 

Also the medical exam was sent from husbands country to the US embassy, is this something that is accessible on their end?

Yes, the medical exam that was completed in the foreign country is valid for one year provided all tests were in the clear and all vaccinations were completed then. That means you must apply for AOS within 1 year of the start date of the medical exam and you only need to submit a photocopy the K1's copy of the DS3025 Vaccination Record that the K1 received from their panel physician abroad with the I485 forms. The rest of the medical exam documents were collected at the K1s POE as they were in the sealed envelope and sent to USCIS for the K1s file.

 

3 minutes ago, Megan and Ehan said:

THANKS everyone. 

 

 

[Crazy Cat 41,853]

After the I-94 expires, a person is out of status until the I-485 is filed.  At that time, the person gains authorized stay status while the I-485 is pending......I would advise you to file as soon as you can to avoid being out of status.

[K & R 343]

22 minutes ago, Megan and Ehan said:

Hey everyone, 

K1 approved and Married 11/20/18 and his K1 visa is expired 12-12-18...

Do we have to have all of the paperwork for AOS filled and sent in by then?

YES AND SEND IT IN DAYS BEFORE THEN. Even on day 91 is an overstay and will cause you problems. DO NOT wait any longer to file AOS.

Or is it more lenient because we are married now?

No. FILE ASAP

Also do I the petitioner have to submit another affidavit of support for the AOS or can I just submit supporting financial documents? 

You will need to submit for I-864 and supporting documents with his AOS application. You'll also need to submit EAD application and AP application if you want him to be able to work and travel while he's waiting for his greencard.

Did you make a nice binder/folder to make it presentable? 

Don't do a binder. Simple folders will do. Nothing hole punched. Simple and organized is best. We put the I-485, EAD Application, AP application, Joint Sponsor 1-864, and my I-864 in separate folders and mailed it in one package. 

Also the medical exam was sent from husbands country to the US embassy, is this something that is accessible on their end? 

I'm confused on what stage of the process you are in? Is he in the US? He must be if you married on a K-1. He should have brought the DO NOT OPEN envelope from the embassy with him when he arrived and turned it in at POE.

THANKS everyone. 

BIGGEST ADVICE: READ READ READ the K1 and AOS guides on here. Good luck.

 

 

[K1visaHopeful 2,814]

6 minutes ago, ThomasNC1988 said:

You can file whenever you like. Right away or in 10 years but once his visa is expired he technically has no legal status. I think there was a case here where someone didn't file got picked up at an immigration checkpoint and the judge just told them to file and sent her home. You will need an I-134 for the affidavit for f support and they should have his medical already. Package guidelines are basically the same as the 129f as far as assembling goes. No Staples or binders or anything like that just clips at the top will do you.

*I864 (sorry)

[ThomasNC1988 762]

Just now, K1visaHopeful said:

*I864 (sorry)

Yes that's right. I always mess that up thanks.

[Crazy Cat 41,853]

Zhang & Associates, P.C.

https://www.hooyou.com/k-1/k-1-restrictions.html  

 

"Marriage to the U.S. citizen petitioner must occur within 90 days of entering the United States of America in order to apply for an adjustment of status without the need for additional immigration filings. If the marriage and filing for adjustment of status do not occur within 90 days, the K-1 visa holder will be in unlawful status. If the couple still intends to marry after the 90 day requirement, the US citizen spouse must file form I-130 concurrently with the intending immigrant’s adjustment of status application."

Edited December 6, 2018 by missileman

[K1visaHopeful 2,814]

3 minutes ago, K & R said:

 

 

@missileman, overstay? 

[ThomasNC1988 762]

5 minutes ago, K & R said:

YES AND SEND IT IN DAYS BEFORE THEN. Even on day 91 is an overstay and will cause you problems. DO NOT wait any longer to file AOS.

Or is it more lenient because we are married now?

No. FILE ASAP

You should probably stop giving advice if you do not know what you all talking about. That is all wrong as posted by everyone else here. Stop fear mongering.

[Crazy Cat 41,853]

5 minutes ago, K1visaHopeful said:

@missileman, overstay? 

Once the I-485 is filed, the person will not have legal status, but will be granted "authorized stay" while the AOS is pending........technically, a person can be deported between the time his/her I-94 expires and  when he/she files the I-485.

Edited December 6, 2018 by missileman

[K1visaHopeful 2,814]

1 minute ago, missileman said:

Once the I-485 is filed, the person will not have legal status, but will be granted "authorized stay" while the AOS is pending........

But they would not have overstayed their Visa had they not applied for AOS within the 90 days. They would just be out of status, right?

[Crazy Cat 41,853]

8 minutes ago, K1visaHopeful said:

But they would not have overstayed their Visa had they not applied for AOS within the 90 days. They would just be out of status, right?

When a person enters the US via a K-1 visa, the expiration of the K-1 visa is irrelevant. But they are authorized per their I-94 to remain in the US for 90 days from the date of US entry.  After that 90 days ends, they are overstaying like any other visa holder who stays beyond the expiration of the I-94.  However, once/whenever the I-485 is filed, they are still given "authorized stay" while the I-485 is pending.......If the I-485 is approved, then any Overstay would be "forgiven".

Edited December 6, 2018 by missileman

[ThomasNC1988 762]

Some here have even floated the idea of waiting to file AOS to avoid ROC later. As in if your office is taking 18 months to process AOS wait 6 months to file so your GC is approved after your 2 year anniversary. No downside to this except being in that can't do anything phase post I94 expiration pre EAD. Not suggesting that but don't worry about rushing to beat the 90 days.

[Crazy Cat 41,853]

2 minutes ago, ThomasNC1988 said:

Some here have even floated the idea of waiting to file AOS to avoid ROC later. As in if your office is taking 18 months to process AOS wait 6 months to file so your GC is approved after your 2 year anniversary. No downside to this except being in that can't do anything phase post I94 expiration pre EAD. Not suggesting that but don't worry about rushing to beat the 90 days.

From what I understand, being out of status is no piece of cake.........can't drive, can't work, can't re-enter the country, can't open a bank account..........filing for AOS as soon as possible has its advantages......