Adjustment of Status

[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!

Read

my

previous

Posts

before

responding

You

are

not

here

illegally

after

90

days.

Limbo

is

the

law.

VJ says:

http://www.visajourney.com/faq/k1k2visa-aos.html

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.

[John & Annie 0]

Yes, it is correct that you should file as soon as you can. If you do not, you will be 'out of status'. This does not mean illegal.

USCIS looks at two things:

1. Legal entry

2. intent upon entry

If you have satisfied these two items, you are not illegal.

Now, if you are out of status you are likely to have a hard time with obtaining and ID or SSN (if you miss the window upon entering).

The law says you should apply, should is not a must, or required item. It is a should, and trust me, we waited for the very same reasons. I would recommend following the 'should' and filing as soon as you can.

[A&D=<3 0]

He already has a SS number, and it states his visa is valid for 6 months. I have a letter from the US Consulate in Egypt stating the 6 month validation.

This whole thing is confusing to me....

Yes, it is correct that you should file as soon as you can. If you do not, you will be 'out of status'. This does not mean illegal.

USCIS looks at two things:

1. Legal entry

2. intent upon entry

If you have satisfied these two items, you are not illegal.

Now, if you are out of status you are likely to have a hard time with obtaining and ID or SSN (if you miss the window upon entering).

The law says you should apply, should is not a must, or required item. It is a should, and trust me, we waited for the very same reasons. I would recommend following the 'should' and filing as soon as you can.

[Nagishkaw 510]

If he came over on a K-1, he has 90 days from the time he sets foot on American soil to marry you. The 6 months applies to how long the visa is valid for from the time it is issued to the time he leaves Egypt.

[A&D=<3 0]

We are married, we married in 10 days... from his arrival.

If he came over on a K-1, he has 90 days from the time he sets foot on American soil to marry you. The 6 months applies to how long the visa is valid for from the time it is issued to the time he leaves Egypt.

[john_and_marlene 162]

You put your spouse at risk if you do not file right away.

Time after the I-94 expires is out of status time.

Out of status time stops with the receipt of the I-485.

If the I-485 is approved, the out of status time is erased.

If the I-485 is denied for any reason and was not filed before the I-94 expired, the entire time since the I-94 expired is out of status time.

If the I-485 is denied for any reason but was filed before the I-94 expired, no out of status time accrued.

If the sponsor dies prior to the approval of the I-485, the beneficiary will be denied adjustment and any accrued out of status time applies.

If the sponsor dies prior to the approval of the I-485, any interim benefits cease (EAD/AP) and the beneficiary is not allowed to work and is asked to leave the country within a fairly short time.

Out of status time accrued before filing/after denial does count toward a reentry bar should the adjustment not be completed and the beneficiary has to leave the country.

Most people will say "That won't happen to us" .... but it does happen ... it has happened to members of this forum ... how do you explain to the beneficiary spouse that it's worth it to you to take this risk with their future?

Some people have successfully waited for long periods of time before finally filing for adjustment from K1. The success is achievable only when no adverse events occur.

[payxibka 10,045]

We are married, we married in 10 days... from his arrival.

Then you have fulfilled the requirement of your K-1 status... File for AOS as you are able... sooner is always better than later.

[melusine 5]

you file for adjustment of status/work authorization and advance parole (optional) all at the same time and it cost you 1010$ for everything

you need to add to that the medical exam (the cost vary a lot from one doctor to another).

Also.. right now he is able to work for like 2 more months or something (stamp on his visa) wich can be cool to get a temporary job (whatever it is), at least it can help a bit.

the longer you wait, the longer he will not be able to work too after that period.

Edited August 1, 2008 by melusine