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Jesse C.

Late filing AOS, please advise.

By Jesse C. in Adjustment of Status Case Filing and Progress Reports

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Jesse C. Newbie

Jesse C.   0

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I am the petitioner for my K1 spouse and he entered the US on 6/2/24 after receiving his K1 visa. We got married  within 90 days but we have yet to file his adjustment of status. This was due to getting required documents and then unfortunately I did lose my job and was out of work for a period of time so I was unable to secure the money to file the AOS. I have since returned back to work and I'm trying to get enough money together to file his AOS but it's taking some time. 

 

My question is what are the next steps and is it too late to file AOS? My goal is file within the next two months so that will bring us to about 9 months after his arrival into the US. Is he in trouble and can he be deported? Will his AOS be denied or is there something we can do? Please if anyone can give good advice or suggestions. Losing my job was a major hurdle to overcome but we got through it and now we would like to be able to continue the process.

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Crazy Cat Grand Master

Crazy Cat   42,563

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Filed: Citizen (apr) Timeline
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Posted (edited)

9 months?  I would file for Adjustment of Status today!!!!!  He is out of status and he is subject to deportation right now.  There are never any benefits in waiting to file an I-485.  Borrow the money....My advice is to get that I-485 filed asap.

Life is full of choices...and consequences.

 

Note: An I-130 is not needed since you married within 90 days of arrival via a K-1.

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.. 
 

Dashinka Grand Master

Dashinka   24,895

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Filed: Citizen (apr) Country: Russia
 Timeline
Posted

There is no deadline for filing the I485, so no issues regarding what you termed "late" filing.  That being said, what @Crazy Cat stated is a possibility, and there are stories, albeit rare, where K1 entrants were detained after the 90 days with no AOS filed (see below for an example).  One never knows what life will bring, so it is best to deal with those things in our control, and getting the AOS package in ASAP is something you should strive for.

 

Good Luck!

 

 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Crazy Cat Grand Master

Crazy Cat   42,563

Posted
Filed: Citizen (apr) Timeline
Posted
1 hour ago, Dashinka said:

One never knows what life will bring,

True.  I think they will, if not already doing so, seek out anyone out of status. Priorities are much different now. 

"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.. 
 

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

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