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Filed: AOS (apr) Country: Philippines
Timeline
Posted

my i-94 / visa expired last january 19, '07 , i applied aos and ead last february 5, '07 , just pass the aos application as soon as you can, if you will have an aos interview later and they will ask you why did you applied late, make it sure you have a valid answer and support your answer well. i also know somebody who applied for aos late, they were fine, but if you can do it earlier much better.

Filed: Timeline
Posted
my i-94 / visa expired last january 19, '07 , i applied aos and ead last february 5, '07 , just pass the aos application as soon as you can, if you will have an aos interview later and they will ask you why did you applied late, make it sure you have a valid answer and support your answer well. i also know somebody who applied for aos late, they were fine, but if you can do it earlier much better.

you are technically out of status though, if the 90 days has passed. Best to file AOS as soon as possible.

Filed: K-1 Visa Country: Canada
Timeline
Posted
If you got married within the 90 days of coming to the USA(on a K1) can you apply to AOS after the 90 days of being in the country

I agree with the other posters that it's not the best scenario but it shouldn't be too large of a problem. If your marriage license has a date that is within the 90 days then you shouldn't be in too much trouble.

Be aware that before you file the AOS you are technically in the country illegaly so sooner is better than later.

One last thought what is the alternative? If you don't file now your alternative would be initiating the K visa process over again and having your fiancee return to their country of origin while you wait. Send the form if it gets rejected for some reason then you have to start from the same place that you would be starting now anyway.

Mark

AOS

Date Filed : 2008-02-15

NOA Date : 2008-02-26

RFE(s) : 2008-03-13

Bio. Appt. : 2008-03-18

AOS Transfer** :

Interview Date : 2008-07-23

Approval / Denial Date : 2008-07-23

Approved : 2008-07-23

Got I551 Stamp :

Greencard Received:

EAD

Date Filed : 2008-02-15

NOA Date : 2008-02-26

RFE(s) :

Bio. Appt. : 2008-03-18

Approved Date : 2008-04-24

Date Card Received : 2008-05-03

Comments : Packet Arrived in Chicago - Feb 20, 2008

Check cashed Feb 28, 2008

AP

Date Filed : 2008-02-15

NOA Date : 2008-02-26

RFE(s) :

Date Approved: 2008-04-24

Date Received : 2008-05-01

Filed: AOS (apr) Country: Canada
Timeline
Posted

But don't worry about being "out of status" for a brief time. Just get that paperwork filed. I'm basically only posting this so you (the OP) won't freak out about being out of status. Those are scary words to hear. The instructions say "file promptly" after getting married within the 90 days. There are conversations about this all over VJ...

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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

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