K1 & AOS timing

[etvois 0]

My Fiancee is here on a K1 which expires March 10th. We have been planning to get married near the end of this period in Hawaii.

What are the implications of filing for AOS after the visa period expired? Or are there none since we're married within the Visa timeframe?

What other implications does this have?

thanks for any info

[Zee Bee 61]

The only stipulation is that you get married within 90 days.

After that, you can file AOS whenever you want. Just keep in mind the travel and work restrictions.

[payxibka 10,045]

Make sure you are married before the expiration of the date recorded on I-94 that was received upon entry....

[etvois 0]

The only stipulation is that you get married within 90 days.

After that, you can file AOS whenever you want. Just keep in mind the travel and work restrictions.

thx

Understand the EAD and AP restrictions..

What about other stuff -- Once we're married and her SSN is changed over to her married name, she is free to do things like get a local drivers license etc? Regardless of AOS?

[payxibka 10,045]

The only stipulation is that you get married within 90 days.

After that, you can file AOS whenever you want. Just keep in mind the travel and work restrictions.

thx

Understand the EAD and AP restrictions..

What about other stuff -- Once we're married and her SSN is changed over to her married name, she is free to do things like get a local drivers license etc? Regardless of AOS?

Not necessarily... Each state is different and many require you to be able to prove legal status in order to get a DL... If all you have is an expired I-94, you may find it difficult at best...

Edited February 21, 2008 by fwaguy

[etvois 0]

The only stipulation is that you get married within 90 days.

After that, you can file AOS whenever you want. Just keep in mind the travel and work restrictions.

thx

Understand the EAD and AP restrictions..

What about other stuff -- Once we're married and her SSN is changed over to her married name, she is free to do things like get a local drivers license etc? Regardless of AOS?

Not necessarily... Each state is different and many require you to be able to prove legal status in order to get a DL... If all you have is an expired I-94, you may find it difficult at best...

Do we receive something back relatively quickly after filing AOS that proves legal status as temporary resident?

[etvois 0]

Answered my own question about the local drivers license. For my state it's

proof of identity:

immigration ID # / document...assuming expired K1 doesn't count

or

foreign drivers license +

foreign passport +

certified birth certificate

proof of residency:

1 of these:

homeowners insurance policy or invoice

home utility bill

mortgage doc

or 2 of these:

auto insurance policy

home utility bill

So I think we have that covered. Still wonder when and what you get back after filing AOS other than the EAD/AP coming back in a couple months..

[Zee Bee 61]

After the EAD and AP it would just be the greencard.

[payxibka 10,045]

You get an I-797C (NOA) Receipt of filing notice...