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Posted (edited)

Question: what happen if you got married under k1 visa if you failed to submit i485 in 90 days?  I’m asking for a friend

Edited by mahalia

USCIS:

07/21/2010 - NOA1

02/07/2011 - NOA2 approved! 201 days since NOA1!!!

02/14/2011 - NOA2 HARDCOPY RECEIVED

NVC:

02/15/2011 - NVC case number assigned

02/16/2011 - emailed ds3032 to nvc

02/17/2011 - gave both our email address.

02/18/2011 - DS3032 accepted.

03/15/2011 - AOS & IV paid. both "IN PROCESS"

03/16/2011 - AOS & IV show's "PAID"

03/24/2011 - Mailed AOS & IV pack to nvc

04/13/19/2011 - received an RFE email from NVC about my ds-230 and AOS form =/

04/22/2011 - (ds230 & Aos)Checklist sent to nvc

05/04/2011 - Sign In Failed!!! :)

05/05/2011 - Case Complete! :)

05/16/2011 - Interview Scheduled!

06/09/2011 - Interview date "APPROVED"

MEDICAL:

03/21/2011 - first day

03/22/2011 - medical result: IMMUNIZATION! =) thank god.

POE:

06/17/2011 - Received VISA

06/21/2011 - poe to SF :)yay!

06/21/2013 - 2year green card expiration date!

03/20/2013 - Mailed I-751 overnight express

07/19/2013 - Received RFE

08/19/2013 - RFE Received by CSC

08/22/2013 - GC APPROVED! :)

Filed: Citizen (apr) Country: Hungary
Timeline
Posted

Nothing happens automatically, however the beneficiary is deportable so if for some reason they come into contact with ICE/CBP/Border Patrol they can be detained and deportation proceedings can start against them. Marriage itself confers no immigration benefit, once the 90 days are up the beneficiary is overstaying.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to AOS Family K1/K3 P&P, from K1 P&P - as the Op is asking about late filing of AOS.~~

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

 

Posted
1 hour ago, mahalia said:

Question: what happen if you got married under k1 visa if you failed to submit i485 in 90 days?  I’m asking for a friend

absolutely nothing unless CBP wants to deport for overstaying. if the person does not committ any crime, there is no urgency. Applicant will be unable work or travel outside the country 

 

duh

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
2 minutes ago, igoyougoduke said:

if the person does not committ any crime, there is no urgency.

What crime did @SpaceAge comitt?  

Beware bad information on AOS deadline for K1 (fresh out of jail) - Adjustment of Status (Green Card) from K1 and K3 Family Based Visas - VisaJourney

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
10 minutes ago, Crazy Cat said:

just read the SpaceAge story. wow strange story but i guess its a risk 

duh

Posted
33 minutes ago, Lemonslice said:

No need to commit a crime to be detained, just driving across a checkpoint, or having your status verified in some jurisdictions, is enough. 

 

I mean, citizens have been detained, so having no status/documentation of legal status, really puts the immigrant at risk of mistreatment, even more so if they are women.

 

I would do everything to file as soon as possible and avoid the risk of seeing my loved one detained.

 yes one wants to self sabotage themselves they can do that.. the risk is always there without a status 

duh

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
Just now, igoyougoduke said:

the risk is always there without a status 

I agree.  I wouldn't want to live in fear.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted

Thank you for all your response! Are they still okay to file i485 even if it’s past 90 days? Cause it’s been 6 months since she moved here and got married.

USCIS:

07/21/2010 - NOA1

02/07/2011 - NOA2 approved! 201 days since NOA1!!!

02/14/2011 - NOA2 HARDCOPY RECEIVED

NVC:

02/15/2011 - NVC case number assigned

02/16/2011 - emailed ds3032 to nvc

02/17/2011 - gave both our email address.

02/18/2011 - DS3032 accepted.

03/15/2011 - AOS & IV paid. both "IN PROCESS"

03/16/2011 - AOS & IV show's "PAID"

03/24/2011 - Mailed AOS & IV pack to nvc

04/13/19/2011 - received an RFE email from NVC about my ds-230 and AOS form =/

04/22/2011 - (ds230 & Aos)Checklist sent to nvc

05/04/2011 - Sign In Failed!!! :)

05/05/2011 - Case Complete! :)

05/16/2011 - Interview Scheduled!

06/09/2011 - Interview date "APPROVED"

MEDICAL:

03/21/2011 - first day

03/22/2011 - medical result: IMMUNIZATION! =) thank god.

POE:

06/17/2011 - Received VISA

06/21/2011 - poe to SF :)yay!

06/21/2013 - 2year green card expiration date!

03/20/2013 - Mailed I-751 overnight express

07/19/2013 - Received RFE

08/19/2013 - RFE Received by CSC

08/22/2013 - GC APPROVED! :)

Posted

Also I forgot to mention, she got pregnant and husband said he was able to add her on his health insurance. I wonder how that works? Cause she doesn’t have social security and how does the insurance will cover her medical if she doesn’t have legal status besides being married here in US.

USCIS:

07/21/2010 - NOA1

02/07/2011 - NOA2 approved! 201 days since NOA1!!!

02/14/2011 - NOA2 HARDCOPY RECEIVED

NVC:

02/15/2011 - NVC case number assigned

02/16/2011 - emailed ds3032 to nvc

02/17/2011 - gave both our email address.

02/18/2011 - DS3032 accepted.

03/15/2011 - AOS & IV paid. both "IN PROCESS"

03/16/2011 - AOS & IV show's "PAID"

03/24/2011 - Mailed AOS & IV pack to nvc

04/13/19/2011 - received an RFE email from NVC about my ds-230 and AOS form =/

04/22/2011 - (ds230 & Aos)Checklist sent to nvc

05/04/2011 - Sign In Failed!!! :)

05/05/2011 - Case Complete! :)

05/16/2011 - Interview Scheduled!

06/09/2011 - Interview date "APPROVED"

MEDICAL:

03/21/2011 - first day

03/22/2011 - medical result: IMMUNIZATION! =) thank god.

POE:

06/17/2011 - Received VISA

06/21/2011 - poe to SF :)yay!

06/21/2013 - 2year green card expiration date!

03/20/2013 - Mailed I-751 overnight express

07/19/2013 - Received RFE

08/19/2013 - RFE Received by CSC

08/22/2013 - GC APPROVED! :)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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