AOS - how long do we have to apply?

[Dan and Lynne 0]

hi,

just a quick question, i landed in USA on january 14th 2008, we married march 9th, i have just applied for my SSN today and my K1 (as states on passport) expires april 13th 2008.

we are wanting to know, if possible, how long we have to apply for AOS, we are not in any rush, but do not want to be 'out of status' i did read somewhere that we need to apply before the K1 expires, but then i read somewhere else that we have a year...we are a little confused about this.

can anyone help please?

[Kathryn41 3,205]

When you enter on a K-1 visa the critical part is getting married within the 90 day period as identified by the date on your I-94 (the piece of cardstock stapled into your passport). There isn't any date by which you need to file for AOS - you can apply right away or you can apply a year from now - or 5 years from now (although that is definitely not advised).

The only real concern is that once the I-94 expires, you are out of status until you apply for the AOS. Once you apply for AOS your status changes to "Pending AOS applicant" and you are once again, legally in the US. If you are out of status for more than 6 months before you apply for AOS then you would have problems if you needed to leave the country, even with an AP, because you would have incurred a 3 year ban and would not be allowed to re-enter the US. If you are out of status for a year or more before you apply for the AOS and need to leave the country, you will incur a 10 year ban on re-entry. As well, with the crackdown on illegal immigration these days where even being stopped by the local police for a driving infraction can lead to being held and turned over to USCIS for not having legal status, you really don't want to be out of status for very long.

Just a clarification - the K-1 is an entry visa good for a one time entry with the condition that you marry within 90 days and are allowed to apply for adjustment of status based on that entry. It expired when you entered the country. Your legal presence in the country is determined by your I-94 not the K-1.

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[nane1104 146]