AOS

[joevegas 67]

This is probably a silly question,but I'm just curious,what happens if a person who has entered the U.S on a K-1 visa,gotten married within the 90 days decides not to apply for the AOS?..Is it mandatory to apply for AOS?..Is it illegal not to apply for AOS?..just wondering?

[belinda63 3,031]

It is only mandatory if you wish to remain in the US.

[HeatDeath 430]

It's not unheard of, but it's a spectacularly bad idea. A person who decides not to AOS will have no way to get a social security card (and therefore no bank accounts or insurance), no way to work (and therefore no money) and no way to get a driver's license (though a driving privilege card might be an option in some states). They will have no legal status in the United States, and will be subject to the same legion of inconveniences and legal dangers as any illegal immigrant who overstays a visa. Any encounter with federal (or Arizona!) law enforcement could result in removal proceedings and deportation, or at least a stern talking to by an immigration judge and a judicial order to AOS immediately. In short, your life could, at any time, and with no warning, become far more interesting than you'd like.

If a person waits a few days or weeks after the expiry of their I-94 to AOS, it's not a big deal. It is very unlikely that anything serious will happen in that short of a timeframe. But putting off AOS for months or years is, as I said, a spectacularly bad idea. For a K-1 entrant, filing for AOS should be your first priority after marriage and the honeymoon. If you only have the money for one or the other, skip the honeymoon.

Edited May 25, 2010 by HeatDeath

[TracyTN 237]

You're putting yourself in the position of not having any legal status in the US (at least once your I 94 expires), which means you're technically deportable. You certainly cannot work or travel outside the US either. So I guess I don't understand the 'benefit' of not filing, other than saving yourself $1010.

[joevegas 67]

Nothing to do with money or anything,and I will file once i get there,just curiosity,thanks for your answers..

[Bernie C 24]

Nothing to do with money or anything,and I will file once i get there,just curiosity,thanks for your answers..

Hmmmm, ever hear the old saying "curiosity killed the cat"

Usually curious questions have some underlying motive

You'll be doing the right thing if you file as soon as possible.

[baron555 934]

If you only have the money for one or the other, skip the ....

Skip the K-1 !!!

AOSing is part of the process and if someone does not have the funds, IMHO, they have no business even starting on the K-1 journey.

Sorry but love is not involved here, nor should it be.

[Matt & Bing 56]

It's not unheard of, but it's a spectacularly bad idea. A person who decides not to AOS will have no way to get a social security card (and therefore no bank accounts or insurance), no way to work (and therefore no money) and no way to get a driver's license (though a driving privilege card might be an option in some states).

Most people have social security cards and could have drivers licenses before applying for AOS. You don't need to adjust status before obtaining either of those.