Adjustment of Status

[A&D=<3 0]

We are tight on cash, and I was wondering how long you can wait to file? Akram is here on K1 which expires September 2008 and we were married June 19th, 2008

Any help appreciated!!

Thanks Mena

[Minya's wife 24]

If you've married w/in 90 days of the K-1 visa holder's entry to the US, you can wait to file for AOS as long as you want. It is in your best interest to file as soon as possible, to get the EAD/Advance Parole/Green Card process rolling. Not to mention that in some states access to any other forms of ID (driving license for example) is contingent upon at least having the EAD. But, if $$ is an issue, you can wait as long as necessary, there is no penalty per se.

Good luck,

-P

[DakotaK1 1]

I filed my AOS about 3 months after my K1 expired.

It is however best to file as soon as possible due to him being out of status and that is not the best thing to have.

Edited July 7, 2008 by DakotaK1

[KitEEgirl 0]

There is no set time limit in which you have to apply, but there are other consequences... not being able to work, etc....I believe I've read somewhere they recommend you apply within 6 months of marrying. I could be wrong there though...

[Carol and Bruno 0]

We are tight on cash, and I was wondering how long you can wait to file? Akram is here on K1 which expires September 2008 and we were married June 19th, 2008

Any help appreciated!!

Thanks Mena

You can file whenever you like. I'll have to agree that it would be best to file as soon as you can afford it in order to obtain an ID, drivers license, work, etc...

I found the following on an immigration help website:

"Immediate Relatives of United States citizens need only show lawful entry in any status. Status violations subsequent to entry are waived by law."

Edited July 8, 2008 by Carol and Bruno

[A&D=<3 0]

What is out of status mean? Can we extend it? UGH!! We are sooo broke, as he is not working... still getting used to things... He has work permit since he arrived at JFK

Does that mean when we file AOS, he needs to apply for another work permit? like a permanent one?

I filed my AOS about 3 months after my K1 expired.

It is however best to file as soon as possible due to him being out of status and that is not the best thing to have.

[soulprovider915 4]

We are tight on cash, and I was wondering how long you can wait to file? Akram is here on K1 which expires September 2008 and we were married June 19th, 2008

Any help appreciated!!

Thanks Mena

Wife and I waited almost 5 years to send hers in and she just got approved for the greencard yesterday(7/07/08) with no interview. Our circumstanses were varied, but we had no problems with her application to adjust status. However I would not recommend doing what we did. Get it in as soon as you can, but be at peace knowing that you have time.

Edited July 8, 2008 by soulprovider915

[LynnandAhmed 0]

What is out of status mean? Can we extend it? UGH!! We are sooo broke, as he is not working... still getting used to things... He has work permit since he arrived at JFK

Does that mean when we file AOS, he needs to apply for another work permit? like a permanent one?

I filed my AOS about 3 months after my K1 expired.

It is however best to file as soon as possible due to him being out of status and that is not the best thing to have.

When he missed the connecting flight...........how long did he have to make it to the next plane? How long do you need for connecting in New York?

We are trying to buy a ticket now.

Work permit from JFK is only good 90 days.

You have to apply doing AOS to get work permit....

[True Love at Last 15]

Hey Donna......

Out of status means he has no actual status because the K1 is a temp visa used for the purpose of marriage...

No, sorry you cannot extend the K1 visa...You have to adjust to a permanent resident after marriage....

I would suggest that you at least try and file before your K1 visa expires......

Akram's Work Authorization(EAD) is 90 temporary only...when you file your Adjustment of status (AOS) you should file for a new Work Authorization(EAD) if he is to continue to work legally....this new EAD should last until he receives his greencard and then the Work Auth. is no longer needed.

Edited July 8, 2008 by Melodyjeanne2003

[soulprovider915 4]

What is out of status mean? Can we extend it? UGH!! We are sooo broke, as he is not working... still getting used to things... He has work permit since he arrived at JFK

Does that mean when we file AOS, he needs to apply for another work permit? like a permanent one?

I filed my AOS about 3 months after my K1 expired.

It is however best to file as soon as possible due to him being out of status and that is not the best thing to have.

Out of status means that you are past your legal time here. However, if you are married within the 90 days you are in limbo and here 100% legally. You don't have to file before your I-94 expires. Again, I repeat, we waited almost 5 years without a single problem. Many people don't understand the K-1 "Limbo" Status. You are completely fine. Save your money and get it in as soon as you can.

[DakotaK1 1]

What is out of status mean? Can we extend it? UGH!! We are sooo broke, as he is not working... still getting used to things... He has work permit since he arrived at JFK

Does that mean when we file AOS, he needs to apply for another work permit? like a permanent one?

That just means your K1 is expired and your out of a current status is all.

There is nothing else you can do other than file for the AOS.

I would file as soon as possible so that he can get his EAD card/ Greencard and can work.

[~BahAmerican~ 0]

Hubby and I got married in 06" and we filed for the AOS in 08".Some folks are able to file asap and then there are others that can't

for varies unforeseen reasons.I am so thankful and happy that we were able to finally file this year.

[Derek&Marina 0]

We are tight on cash, and I was wondering how long you can wait to file? Akram is here on K1 which expires September 2008 and we were married June 19th, 2008

Any help appreciated!!

Thanks Mena

Hello,

I guess you both should start your AOS before the 90 Days are over, the Day the Visa expires and he would be Illegal here. Not the best start to become a lawful citizen. My Lawyer told me that you have 90 Days to marry and fill for the AOS. That would be the "correct procedure". It's often stated wrong here, as a lot of people do it wrong. And they are lucky most of the Time. But like I said MOST OF THE TIME! I would not gamble with it and respect the rules and laws Good luck to both of you!

[Reba 2]

wow, can you shrink your signature photo a bit please Derek & Marina? Its way too big!

As to the OP, your hubbies temporary EAD he rec'd at the airport expires after 90 days, same as the K1. He can't work with an expired EAD, so you're best off to get the AOS and EAD applications in as soon as you possibly can. Beg borrow or steal if you have to, but the longer you wait, the longer he's not going to be able to work or do anything, which will then obviously create more of a cash crunch for you. Once you have the AOS applications in (with all the rest) he should have his 1 year EAD within 90 days of USCIS receiving it. Then he can start looking for work and get a driver's license etc etc etc...until then, he's just a lump on the couch.

[soulprovider915 4]

We are tight on cash, and I was wondering how long you can wait to file? Akram is here on K1 which expires September 2008 and we were married June 19th, 2008

Any help appreciated!!

Thanks Mena

Hello,

I guess you both should start your AOS before the 90 Days are over, the Day the Visa expires and he would be Illegal here. Not the best start to become a lawful citizen. My Lawyer told me that you have 90 Days to marry and fill for the AOS. That would be the "correct procedure". It's often stated wrong here, as a lot of people do it wrong. And they are lucky most of the Time. But like I said MOST OF THE TIME! I would not gamble with it and respect the rules and laws Good luck to both of you!

Read

my

previous

Posts

before

responding

You

are

not

here

illegally

after

90

days.

Limbo

is

the

law.