time limites???

[Donna and Ali 0]

hi everybody,

i was wondering lately about the AOS process, the question is very simple.... is there a limited time for k1 visa holders to file for the AOS, or its fine for them to file for the AOS whenever they want to do it, after getting married in the usa of course??

[Kathryn41 3,205]

There is no requirement to file by a certain time although there is an expectation that you file as soon after your marriage as you reasonably can. Taking a few months to gather documentation, to raise the money or to take a honeymoon before starting the process is generally considered reasonable.

Remember, however, that once the I-94 validity expires your spouse has no legal status in the US until he/she files for AOS, at which time their status becomes "AOS applicant". Marriage, even on a K-1, does not provide any additional residential legality after the I-94 expires. You can wait months or even years after the I-94 expires before filing for the AOS, but just be aware that until the AOS process is started the non-US spouse has no legal standing in the US and is still collecting out of status days. He or she will not be able to work, will not be able to drive nor will he/she be able to leave the country and return if there is a family emergency back home. If the out of status time is over 6 months, there will also be a 3 year bar on re-admission if the non-US spouse leaves that will now require a waiver in order to obtain a K-3 or a CR-1. Over one year of out of status time will incur a 10 year ban on re-entry. All out of status time is forgiven once the AOS is approved if the applicant has not left the US. With the recent growing attention on out of status or illegal aliens, you run a risk if you delay filing for the AOS for any length of time.

Edited June 14, 2008 by Kathryn41

[Dakine 26]

Once you adjust status and get your GC the clock starts ticking from the date on the GC. When you can apply to remove conditions and apply for US Citizenship is based on the GC date.

If you wait more than a year from the date of your immigration medical you will have to pay a lot more to have a complete new medical,

Edited June 14, 2008 by Haole