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ghunt2121 Explorer

ghunt2121   1

Posted
Filed: Country: Colombia
 Timeline
Posted

Somewhere on this forum I recently read a posting in which someone indicated that what is required within the 90 days following the arrival of the K1 holder is that the K1 holder marry the USC; that the AOS filing can proceed without problem even if it done after day 90.

1. Does anyone have any experience with this situation?

I ask because I lost my job of 8 years 19 days after my fiancee arrived. I plan to marry her but want to defer the AOS filing until I have a new job, which will take several more weeks and could take several more months.

It has always been my understanding that both the marriage AND the AOS filing had to be completed within the 90 days.

2. If the AOS filing is done after day 90, what are the repercussions/penalties?

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

There is no official penalty or repercussion for filing after the 90 days.

However, your wife will not be able to work or leave the country (she can leave but not come back) until she applies for AOS and gets her permissions. If you don't file for 180 days after the 90 days then she cannot travel home until she gets her GC (the temporary travel permission will not stop her ban from being placed if she leaves).

You have to decide what is best for you guys. Any chance of just getting a co-sponsor? Sorry you lost your job. :(

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
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