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Tarshyyy Newbie

Tarshyyy   4

Posted
Filed: K-1 Visa Country: New Zealand
 Timeline
Posted

Hellos! I’ve been googling trying to find a solid answer on this. But somehow can’t find it.
 

After the k1 visa marriage (we were married last month) is there a time limit after that to do the adjustment of status within? We’ve run into some money issues, so I’m having a bit of a panic about when we have to have this done by so I can legally stay. 

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Crazy Cat Grand Master

Crazy Cat   41,833

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

Once you have been inside the US for 90 days, your I-94 expires and you are subject to removal.  Once you file a proper I-485 package, you will be granted authorized stay until the adjustment of status is either approved or denied.  

There are no advantages to waiting.  Waiting to file an I-485 delays the ability to work in the US, delays the ability to leave and re-enter the US, delays the ability to apply for citizenship.    It is best to apply for adjustment within the 90 days after entry.

Edited by Crazy Cat

"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.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,833

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

This is an example of what happened to one VJ member who waited beyond 90 days to file for adjustment of status.  This is a rare case, but possible:

 

Edited by Crazy Cat

"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.. 
 

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Ontarkie Grand Master

Ontarkie   14,218

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

~~Moved to AOS Family K1/K3, from K1 P&P - the OP is asking about AOS after marriage on a K1~~

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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Crazy Cat Grand Master

Crazy Cat   41,833

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

Here is an attorney opinion:

 

Adjust K1 Visa Status | Allan S. Lolly PC (asl-lawfirm.com)

"An application for adjusting status from K1 Fiancé Visa to a Green Card should normally be filed prior to the expiration of the 90 day period of validity of the K1 visa."

 

"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.. 
 

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Rocio0010 Mentor

Rocio0010   5,579

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

You want to send that package and have the I-797 form with you long before your I-94 expires. There is a small chance of something going wrong, but if it happens, it would be devastating, as in the example that @Crazy Cat posted

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Boiler Grand Master

Boiler   45,466

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

That situation was resolvable, took time and money.

 

I look at it the other way around, if you have money you can afford to wait, if you do not you need to marry and file asap.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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