k-1 filing deadline for aos

[dale7570]

hello to all. i have been reading the faq about aos and also i have read the i-485 instructions and i have a question. of course i realize that i am required to marry my fiancee within 90 days of her arrival at the poe. i can't find a clear cut deadline for when i must submit the aos package. visa journey implies it must also be submitted within 90 days of the fiancee's poe, but the i-485 doesn't mention a deadline. can someone pease clear this up for me?

[Randy W]

The I-485 instructions say:

 

you are not eligible for adjustment of status if any of the following apply to you:

 

. . .

 

F. You failed to maintain your nonimmigrant status, other than through no fault of your own or for technical reasons; unless you are applying because you are:

 

. . .

 

 

2. A

K-1

fianc¨¦(e) or a

K-2

fianc¨¦(e) dependent who married the U.S. petitioner within 90 days of admission;

The general consensus is that 90 days is best, 1/2 year is just fine, up to 1 year may be okay.

 

Just get it in.

[danielm2]

My wife and I filed 170 days after she arrived in the country, and no problem. She's on her way! Work permit and travel document arrived this past week, now we're just waiting on the green card.

dan and xuejing

[chilton747]

After receiving a K1 visa, you are required to marry within 90 days of your arrival in the U.S. and apply immediately afterwards for an adjustment of status with the U.S. Citizenship and Immigration Services (USCIS).

 

This is from the GZ IV FAQs. Obviously they want you to do it as soon as possible.

[samsong]

There's nothing set in stone addressing this topic but the USCIS asks that one files in good faith and with good intentions.

I searched this subject out hard one time and only came across something stating filing in good faith. I think the USCIS knows that most honest immigrants comply with the law so there really isn't anything stating any kind of a timeline.

So, in essence, there's no big rush for one to file but don't take forever in doing it because waiting a very long time will more than likely be questioned by the immigration officer during the eventual interview, who could then make things very unpleasant.

 

-good luck

[warpedbored]

Since it is pretty much set in stone that you must marry within 90 days I think most people want to get the green card as soon as possible and file as soon as they can. It is probably a non issue for the USCIS.

[dnoblett]

This is a FAQ on VJ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1