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zachanora

Overstayed by 3 weeks due to my AOS package getting lost. Mailing a new one, do I need an I-130 now?

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to AOS from K1 P&P, from K1 P&P- The OP is past the K1 Visas stage and is applying for 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

 

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Filed: Citizen (apr) Country: Taiwan
Timeline
15 minutes ago, zachanora said:

I ended up overstaying by 3 weeks due to my AOS package getting lost. Mailing a new one, do I need an I-130 now? Thank you

If you married within 90 days after entering via a K-1, you do not need an I-130.

"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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Filed: K-1 Visa Country: Sweden
Timeline

Doesn't matter when you file your AOS (whether it's within the 90 days or 3 years after the 90 days), what matters is the date you got married.
If you got married within the 90 days, you're fine, no i-130 needed. 

Also be aware that it can take a month for USCIS to accept your AOS, so if it's "only" been 3 weeks I'd give it some more time. 

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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Filed: K-1 Visa Country: Sweden
Timeline
15 minutes ago, Scandi said:

Doesn't matter when you file your AOS (whether it's within the 90 days or 3 years after the 90 days), what matters is the date you got married.
If you got married within the 90 days, you're fine, no i-130 needed. 

Also be aware that it can take a month for USCIS to accept your AOS, so if it's "only" been 3 weeks I'd give it some more time. 

I just realized it takes 2 months for many to get their NOA1 nowadays, so nevermind the "take a month" part. It's apparently 2 months. 

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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Filed: K-1 Visa Country: Spain
Timeline

I'm in the same boat.  I married my wife immediately and sent in her AOS right away, by fedex.  It is now going on 3 months and we haven't received an NOA1 yet.  I wrote my state representative also 2 weeks ago and haven't hear back from them either.  

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