How soon must you do the AOS?

[Juette]

We married on 2/9, but she entered on 1/25. Do we have to do AOS within a certain time period?

 

Thanks,

Juette

[tywy_99]

I don't think there is any set time for when a person should file the AOS paperwork but the USCIS relys on the good faith of the person needing to file. They expect this person to be responsible for themselves.

A person should file as soon as they can so that they can begin to assimilate into the society in which they plan on living and working.

 

Does that make sense?

[yuehan123]

I vaguely recall some other discussions on this topic dealing primarily with the notion that once the K visa expires the holder is probably accumulating unlawful presence.

 

In our case, we were stopped and questioned at an Immigration checkpoint southeast of El Paso, Texas on I-10. The Border Patrol agent quickly noted my wife's K visa was expired. We did have the AOS Notice of receipt in our possession. However, we were not asked for it. This was an outside the building visual/verbal interrogation. No computers were involved that I am aware of.

 

Generally speaking, the advice I can recall is to have the applicant apply before the original 90 day visa expires. I also recall that others have applied later, apparently without adverse consequences.

[pkfops]

Before the visa expires is good.

 

You just might get screwed over

by security; so be ready. 10 %?

[tonado]

http://candleforlove.com/FAQ/CFL_FAQ_AOS_Final1.htm

 

 

Q. We can get married in the 90 days required, but won¡¯t get to file the AOS by then. Are we ¡®out of status¡¯ ?

 

 

 

A.

 

First, the instructions say that a K-1 fiance(e) is eligible to file if he/she married the US citizen who filed the petition within 90 days. Then the instructions go on and describe those who are not eligible. Among those not eligible are individuals who failed to maintain their non immigrant status (out of status). While this would technically include fiance(e)s who married within 90 days but who are still in the US on an expired visa, the instructions specifically carve out an exception for such people. By doing so, I think the instructions recognize that some K-1ers won't be filing for AOS until after expiration of the 90 days.

 

If possible, avoid the issue by filing for AOS within the 90 days. If you can't, I don't see a significant problem, but I wouldn't dally too long before I filed.

 

 

 

A.

 

More info:

 

 

 

K1 holder- do i have enough time?, date to get married is close to 90days

 

http://candleforlove.com/forums/index.php?showtopic=14533

 

 

 

Suggestions on Filing AOS, should we wait?

 

http://candleforlove.com/forums/index.php?showtopic=14425

 

 

 

Straight From The Horses Mouth, Info On How To Apply for AOS

 

http://candleforlove.com/forums/index.php?showtopic=11662

[IluvmyLi]

http://candleforlove.com/FAQ/CFL_FAQ_AOS_Final1.htm

 

 

Q. We can get married in the 90 days required, but won¡¯t get to file the AOS by then. Are we ¡®out of status¡¯ ?

 

 

 

A.

 

First, the instructions say that a K-1 fiance(e) is eligible to file if he/she married the US citizen who filed the petition within 90 days. Then the instructions go on and describe those who are not eligible. Among those not eligible are individuals who failed to maintain their non immigrant status (out of status). While this would technically include fiance(e)s who married within 90 days but who are still in the US on an expired visa, the instructions specifically carve out an exception for such people. By doing so, I think the instructions recognize that some K-1ers won't be filing for AOS until after expiration of the 90 days.

 

If possible, avoid the issue by filing for AOS within the 90 days. If you can't, I don't see a significant problem, but I wouldn't dally too long before I filed.

 

 

 

A.

 

More info:

 

 

 

K1 holder- do i have enough time?, date to get married is close to 90days

 

http://candleforlove.com/forums/index.php?showtopic=14533

 

 

 

Suggestions on Filing AOS, should we wait?

 

http://candleforlove.com/forums/index.php?showtopic=14425

 

 

 

Straight From The Horses Mouth, Info On How To Apply for AOS

 

http://candleforlove.com/forums/index.php?showtopic=11662

 

So it appears that the I-94 card in her visa is proof that she is eligible for employment? No EAD needed?

 

http://candleforlove.com/forums/index.php?...f=7&t=10720

[Randy W]

So it appears that the I-94 card in her visa is proof that she is eligible for employment? No EAD needed?

 

http://candleforlove.com/forums/index.php?...f=7&t=10720

 

The I-94 card allows her to apply for an SSN.

 

It is also proof that she is eligible to apply for AOS and EAD, which in itself can be enough to gain employment. Remember that it expires after 90 days.

Edited April 28, 2007 by Randy W (see edit history)