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Dee & Will

When is the right time to apply for AOS?

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

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Dee & Will Contributor

Dee & Will   18

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

I came to America on a k1 visa on the 11th last month. We are planning to have a court wedding on the 4th of October that is near to the 90 day expiration date. Does having a wedding date close to expiration date and then applying for AOS hinder our case in any way? I need advice so that if needed we can push the date ahead instead. Is it okay to apply for AOS after the 90 day period?

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
1 minute ago, Dee & Will said:

I came to America on a k1 visa on the 11th last month. We are planning to have a court wedding on the 4th of October that is near to the 90 day expiration date. Does having a wedding date close to expiration date and then applying for AOS hinder our case in any way? I need advice so that if needed we can push the date ahead instead. Is it okay to apply for AOS after the 90 day period?

Do it as soon after the wedding as you can 

YMMV

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

After the 90 days from POE, you will be out of status. Filing AOS will grant a period of authorized stay. You can file AOS in your case even if you are already out of status, but it is higher suggested to avoid any period of unlawful presence - it's unlikely, but you can run into ICE and have a not pleasant experience while it gets worked out.

Edited by geowrian

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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Ontarkie Grand Master

Ontarkie   14,221

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

~~Moved to AOS Family K1/K3, from K1 P&P - The OP is non to the next part.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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