When to file AOS?

[coulter]

Wife says within 90 days of her arrival (same as time as to get married), but I think it is before the visa expires. I think the answer is probably easy, but don't have time to look it up now. Thanks for the help! (There are some practical reasons why I want to file for AOS more than 90 days after her arrival, but before her K1 visa expires.)

[jim_julian]

This is only my understanding, not a well documented reply ...

 

I believe your wife is correct.

 

Since you say wife, I assume she is here on the K1 and you are now married. In this case the expiration of the K1 is not a factor as the visa has been used as of some date for the one time entry.

 

I recall there are some who have gone a few weeks beyond the 90 days and haven't had a problem, but why take chances.

[tonado]

It is best to do the AOS in the 90 days period. After the 90 days period, your wife will be out of status and she can be deported. The K1 visa is one time use for her to come to USA. Once she is here, the expiration of the visa is meaningless.

[david_dawei]

There's no deadline for filing AOS, but it is prudent to do so as soon as possible.

what Don said...

 

the only deadline is to get married within 90 days of arrival.

[tonado]

http://www.visajourney.com/faq/k1k2visa-aos.html

 

6.1)...How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94.

 

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices.

[C4Racer]

Wife says within 90 days of her arrival (same as time as to get married), but I think it is before the visa expires. I think the answer is probably easy, but don't have time to look it up now. Thanks for the help! (There are some practical reasons why I want to file for AOS more than 90 days after her arrival, but before her K1 visa expires.)

 

I think you are confusing visa expiration with I-94 expiration.

The visa expiration is for entering the US. You are able to enter the US anytime until this date. Past this date the visa is concidered expired for entry into the US.

Once you have entered the US. Then the terms of stay are controlled to the type of visa issued. The I-94 will have the final date you are allowed to stay. You are out of status if you fail to leave or file for AOS by this date.

As others have mentioned, several have filed past this timeframe with no adverse effect, but why chance it. Once you are out of status, they are within the law and their guidelines to deny the green card.

Bottom line is your wife is correct. Why play with fire?

[SirLancelot]

Wife says within 90 days of her arrival (same as time as to get married), but I think it is before the visa expires. I think the answer is probably easy, but don't have time to look it up now. Thanks for the help! (There are some practical reasons why I want to file for AOS more than 90 days after her arrival, but before her K1 visa expires.)

 

Is this because of the I-864? Unless you're trying to delay the filing of the I-864, I see no practical reasons why you wouldn't want to file for AoS right after you get married.

 

Can you help us understand some other reasons--besides the delaying of filing for I-864--that would make you want to delay filing for AoS?

[LeeFisher3]

Wife says within 90 days of her arrival (same as time as to get married), but I think it is before the visa expires. I think the answer is probably easy, but don't have time to look it up now. Thanks for the help! (There are some practical reasons why I want to file for AOS more than 90 days after her arrival, but before her K1 visa expires.)

 

Is this because of the I-864? Unless you're trying to delay the filing of the I-864, I see no practical reasons why you wouldn't want to file for AoS right after you get married.

 

Can you help us understand some other reasons--besides the delaying of filing for I-864--that would make you want to delay filing for AoS?

There are many reasons a person might want to push it back 30-90 days, things like the time to get everything ready to being a bit short financially or even moving and not wanting to go through the address change issue.

 

Why not take it at face value that the OP has some practical reasons for the delay and leave it at that.

[Tine & Ella]

I agree with Tony, why take any chances. I would get it filed as soon as possible.

 

Tine

[coulter]

Thanks for the input. As always, my wife will be happy to know she is right and I am wrong. I will take the safe approach and file before the 90 days.

[tonado]

Thanks for the input. As always, my wife will be happy to know she is right and I am wrong. I will take the safe approach and file before the 90 days.

 

You made an excellent choice. Your wife will feel better and have trust in you. One thing you don't want is to begin a new life together and have mistrust.

[PapaBear]

she is right and I am wrong..........the safe approach

 

Yes....Learn to repeat this to yourself and to her.....often! You can't go wrong, it'll always be the safe approach!

 

File your I-485 asap. As the others have stated, the sooner the better. I waited a year to file ours (K3 -> AOS) and we were suspended in a black hole instead of possibly receiving approval without an interview. So I ditto all the previous advices given.....do it now!

 

PapaBear

Edited January 10, 2007 by PapaBear (see edit history)

[dnoblett]

Wife says within 90 days of her arrival (same as time as to get married), but I think it is before the visa expires. I think the answer is probably easy, but don't have time to look it up now. Thanks for the help! (There are some practical reasons why I want to file for AOS more than 90 days after her arrival, but before her K1 visa expires.)

 

Is this because of the I-864? Unless you're trying to delay the filing of the I-864, I see no practical reasons why you wouldn't want to file for AoS right after you get married.

 

Can you help us understand some other reasons--besides the delaying of filing for I-864--that would make you want to delay filing for AoS?

The only other reason I see for having to wait to file, is having to wait for a marriage certificate, some areas can take up to 4 weeks to mail that out after a marriage. Some who wait until just before the expiration of the I-94 to marry, tend to file after I-94 expires, waiting for the marriage cert, in order to make a copy of it.

[tonado]

The sooner you file, the sooner you will get the green card. Getting the green card early will save you money on getting multi EAD and Advance Parole (They are only good for one year).

[SirLancelot]

The sooner you file, the sooner you will get the green card. Getting the green card early will save you money on getting multi EAD and Advance Parole (They are only good for one year).

 

I just thought of a new reason to delay. Why not delay 2 years after marriage and then file AoS, thus completely bypassing the conditional GC and going straight for the 10 year permanent GC. Thoughts?