when is it too late to apply for AOS?

[Otto 83]

I meant to say that. Not sure why I said there wasn't.

AOS must be filed before I-94 expires.

There is no time limit. (Obviously the sooner one files, the sooner their status is protected and eventually the sooner they will be able to enjoy the benefits of being a Permanent Resident; i.e., working, driving, etc.)

Exact wording from USCIS:

"Your alien fiancé(e) may apply for conditional permanent resident status after you have entered into a valid marriage to each other within 90 days of your fiancé(e)'s entry into the United States. Your alien spouse should then apply promptly to USCIS for adjustment of status to conditional permanent resident, using Form I-485, Application to Register or Adjust Status."

[Chica Yeyé 41]

I meant to say that. Not sure why I said there wasn't.

AOS must be filed before I-94 expires.

There is no time limit. (Obviously the sooner one files, the sooner their status is protected and eventually the sooner they will be able to enjoy the benefits of being a Permanent Resident; i.e., working, driving, etc.)

Exact wording from USCIS:

"Your alien fiancé(e) may apply for conditional permanent resident status after you have entered into a valid marriage to each other within 90 days of your fiancé(e)'s entry into the United States. Your alien spouse should then apply promptly to USCIS for adjustment of status to conditional permanent resident, using Form I-485, Application to Register or Adjust Status."

But brother, doesn't a married K-1 begin to accrue overstay if AOS is filed after the expiration of their I-94?

[Otto 83]

I meant to say that. Not sure why I said there wasn't.

AOS must be filed before I-94 expires.

There is no time limit. (Obviously the sooner one files, the sooner their status is protected and eventually the sooner they will be able to enjoy the benefits of being a Permanent Resident; i.e., working, driving, etc.)

Exact wording from USCIS:

"Your alien fiancé(e) may apply for conditional permanent resident status after you have entered into a valid marriage to each other within 90 days of your fiancé(e)'s entry into the United States. Your alien spouse should then apply promptly to USCIS for adjustment of status to conditional permanent resident, using Form I-485, Application to Register or Adjust Status."

But brother, doesn't a married K-1 begin to accrue overstay if AOS is filed after the expiration of their I-94?

My point is, Overstay/Out-of-Status notwithstanding; there's not a requirement to file AOS within 90 days of arriving (as suggested above).

There's a difference between telling someone what is the best to thing to do and what a person is required to do. A K-1 entrant must get married within that 90-day time period - doing so fulfills their 'obligation.' I think it is important to be careful in what we say so that incorrect information doesn't get perpetuated.

[b_weeks 6]

Mike,

when deciding on when to file AOS, keep in mind that your Fiance/Wife should leave the US until she has received her AP (Advance Parole) or 2-yr greencard. If she does, she will not be allowed to re-enter the US.

[Otto 83]

Mike,

when deciding on when to file AOS, keep in mind that your Fiance/Wife should ^not leave the US until she has received her AP (Advance Parole) or 2-yr greencard. If she does, she will not be allowed to re-enter the US.

[Dan J 277]

My wife(then fiancee)came here on September 8th, 2009. Her I-94 stated that her K1 visa will expire on December 7, 2009. I haven't apply for AOS yet. I was just busy with the wedding and work. I didn't even apply for a social security card or employment authorization card yet either. As long as I send in the application before December 7th, I should be ok right? I need to get the ball rolling that's for sure.

Btw, I went to the social security office to apply a card for my wife. They said I needed an employment authorization card. I posted this question before, and a member here link to a page on the ssa.gov site stating that a K1 visa holder does not need an employment authorization card. I brought all the papers and even printed out the link and they told me I still need the employment authorization card. I guess I should just go apply for one.

Applying for an EAD before filing for AOS will result in an EAD that will expire when the 90 day authorized entry period expires. If you are passed that authorized entry period, you may have difficulty applying for a social security card and will need to wait until your wife receives her EAD which she will as part of applying for AOS.

[Mike and Thanh 0]

Well I gather everything I needed for the AOS. I am going to file the AOS along with the EAD. When I get the EAD, I will then get the social security card for her. I just need to finish up some stuff, but I should send the application in by next week.

[Otto 83]

Well I gather everything I needed for the AOS. I am going to file the AOS along with the EAD. When I get the EAD, I will then get the social security card for her. I just need to finish up some stuff, but I should send the application in by next week.

Good Luck..

[Chica Yeyé 41]

Well I gather everything I needed for the AOS. I am going to file the AOS along with the EAD. When I get the EAD, I will then get the social security card for her. I just need to finish up some stuff, but I should send the application in by next week.

yay!