Late on AOS Filing for K1 Visa-holder

[the.ronin 0]

My then fiance entered the U.S. on a K1 visa back on Sep 29 2007. We got married well within the 90 day grace period on Dec 1, 2007. Our minister had neglected to provide a complete address on the marriage certificate delaying the process by a month or so. We have just finally gottan the marriage certificate and are ready to send in the AOS application.

Would it be worth including an explanation of why we are late in applying for AOS? I had kept a good paper trail on the delay of the marriage certificate. Or would an explanation just bring attention to the timing?

Thanks for any advice.

[David-and-Mae 15]

My then fiance entered the U.S. on a K1 visa back on Sep 29 2007. We got married well within the 90 day grace period on Dec 1, 2007. Our minister had neglected to provide a complete address on the marriage certificate delaying the process by a month or so. We have just finally gottan the marriage certificate and are ready to send in the AOS application.

Would it be worth including an explanation of why we are late in applying for AOS? I had kept a good paper trail on the delay of the marriage certificate. Or would an explanation just bring attention to the timing?

Thanks for any advice.

Late filing of AOS wouldn't affect anything (as far as I know) because you got married within the 90-day period. No need for an explanation, just put the packet together accordingly and include all the necessary papers for it.

Good luck!

--Mae

[the.ronin 0]

Thanks for the reply, Mae ... that is what I thought, just needed confirmation. Thanks!

[YuAndDan 153]

FAQ:

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.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.1