Time to file AOS after marriage on K-1

[LynnandAhmed 0]

Question:

After you marry on a K-1 visa, how long do you have to apply for AOS?

Does it have to be within so many weeks of the marriage?

[Kez/JWolf 6]

Question:

After you marry on a K-1 visa, how long do you have to apply for AOS?

Does it have to be within so many weeks of the marriage?

As long as you got married within the 90 days you can file for AOS as soon as you have everything needed to file... some people file within a few days, others wait a few weeks and some a few months... There is no set time limit.

Kez

[Ahmed N Cheryl 0]

Lynn I agree with kezzie....from what I have read there is no time limits for AOS. However, if oyu receive an EAD with visa at POE it is only good until the date the visa expires. So oyu will have to file for another EAD with your AOS and they cannot work while waiting on the AOS approval once the K1 expires.....Even if you have married already. So most file it quickly so they can get the EAD. Here are some links to some helpful guides on the AOS process. They are from the guide section here on VJ. I know oyu could go there and look for them yourself but sometimes it is easier just to have the links all together in the topic for easy access. Hope it helps you.

AOS Guide for K1 K3 Visa

Tips for K1 Visa AOS

EAD Guide

How to get SSN

Guide to lifting conditions

Tips for Assembly of Packet

I will also be browsing the USCIS site for any info. Will let you know if I find anything else related to the AOS for K1 Visa.

Cheryl

Edited February 20, 2008 by Ahmed N Cheryl

[Ahmed N Cheryl 0]

Okay I found this info too on VJ WIKI AOS FAQ Section:

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.

Hope it helps too.

Cheryl

[Ahmed N Cheryl 0]

Sorry I know your probably tired of me. here is the link to the Wiki AOS FAQ Section. It has some really good info there.

Cheryl

Adjustment of Status Frequently Asked Questions and Answers

[~Chad~ 0]

we filed right after we got married. It just seems like putting it off is asking for trouble. just imo.

[Aymsgirl 0]

Thanks for the information Cheryl, you are always so helpful!

[DakotaK1 1]

Question:

After you marry on a K-1 visa, how long do you have to apply for AOS?

Does it have to be within so many weeks of the marriage?

I filed over a month later after my I94 ran out. Was no problem at all.

[LynnandAhmed 0]

Lynn I agree with kezzie....from what I have read there is no time limits for AOS. However, if oyu receive an EAD with visa at POE it is only good until the date the visa expires. So oyu will have to file for another EAD with your AOS and they cannot work while waiting on the AOS approval once the K1 expires.....Even if you have married already. So most file it quickly so they can get the EAD. Here are some links to some helpful guides on the AOS process. They are from the guide section here on VJ. I know oyu could go there and look for them yourself but sometimes it is easier just to have the links all together in the topic for easy access. Hope it helps you.

AOS Guide for K1 K3 Visa

Tips for K1 Visa AOS

EAD Guide

How to get SSN

Guide to lifting conditions

Tips for Assembly of Packet

I will also be browsing the USCIS site for any info. Will let you know if I find anything else related to the AOS for K1 Visa.

Cheryl

Thanks for all your help Cheryl. I am going to save all these links when the time gets closer.

You are so great at knowing about everything. I think you could do this as a business.

My mind is just so full of all the things that need to be done that I am trying to focus on just getting the visa.

But I was curious at how long you can wait for AOS.........

If you don't do AOS, I was thinking you could just do the permanant statis thing and skip the AOS.........but I bet

that's not doable. I read about it somewhere.

[Ahmed N Cheryl 0]

Thanks for all your help Cheryl. I am going to save all these links when the time gets closer.

You are so great at knowing about everything. I think you could do this as a business.

My mind is just so full of all the things that need to be done that I am trying to focus on just getting the visa.

But I was curious at how long you can wait for AOS.........

If you don't do AOS, I was thinking you could just do the permanant statis thing and skip the AOS.........but I bet

that's not doable. I read about it somewhere.

I bet it is not either....as the link said the AOS changes your status to extended stay by Attorney General when your K1 visa runs out. If you wait to file it after your K-1 expires you have to explain to them why you waited. I am sure a short time after is probably not so bad as some have done it a few months late before.....But trying to wait the entire 2 years for them to be eligble for a permanent rather than a conditional green card would be a little hard to explian and probably frowned upon by USCIS. However, once again it is just my opinion from what I read it is better to file it quickly so they can get the EAD and begin working. Good Luck!

Cheryl

[Ahmed N Cheryl 0]

You are all so welcome for the posts. I try to be helpful. But it is a tricky process. I am not an expert. I just share wha I read. But alot have helped me and I try to return the help when I can.

Cheryl