adjustment of status after marriage

[huge316 0]

Hey all, I just have a quick question, my wife entered nearly 90 days ago on a k-1 fiancee visa, she was fiancee then... how long do we have to file for permanent resident? I called USCIS and the customer service rep said there was no written rule on how long you have, just that it should be done as soon as possible after marriage. Is this correct? I got worked up because I thought we only had 90 days to file after her arrival (which is 5 days from now), but I think I got confused with how long we had to get married perhaps. A little help is appreciated.

Thanks

Steve & Bualai

[payxibka 10,045]

No hard a fast deadline... the sooner is always the better

[YuAndDan 153]

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1 6.1)...How soon after we get married should we apply for Adjustment of Status?

Sounds like USCIS rep had read the VJ FAQ.

[LuckyDucky 0]

Hey all, I just have a quick question, my wife entered nearly 90 days ago on a k-1 fiancee visa, she was fiancee then... how long do we have to file for permanent resident? I called USCIS and the customer service rep said there was no written rule on how long you have, just that it should be done as soon as possible after marriage. Is this correct? I got worked up because I thought we only had 90 days to file after her arrival (which is 5 days from now), but I think I got confused with how long we had to get married perhaps. A little help is appreciated.

While there is a strict 90-day enforcement to get married after entering on a K-1 visa, there seems to be no particular time limit to adjust. It's possible that you may have to answer a few questions at an interview if you took a long time, but there have been people on here who have said they waited years before filing the adjustment of status paperwork.

I believe that you will be considered "out of status" if you have not filed for AOS by the time the I-94 expires, but it seems that USCIS is not too concerned with it. Strictly speaking, filing for AOS before the I-94 expires ensures your spouse will be able to stay in the US while the application is being processed.

I believe the three primary reasons people file adjustment of status quickly are:

1) The foreign spouse is unable to re-enter the United States if they have to leave. They can only re-enter the country if they have advanced parole (which is usually submitted when you file for AOS) or if they have a green card.

2) Their spouse is also unable to work without a green card, unless they have an Employment Authorization Document (EAD).

3) Becoming a permanent resident starts the clock to becoming a US citizen.

Edited October 15, 2008 by LuckyDucky

[huge316 0]

No hard a fast deadline... the sooner is always the better

One more question. On the G325a the first box asks for her family name, do I put down her married name now, or her maiden name which we filed for the K1? I'm leaning towards the married name, but I want to make sure it's right.

Thanks,

Steve & Bualai

[YuAndDan 153]

No hard a fast deadline... the sooner is always the better

One more question. On the G325a the first box asks for her family name, do I put down her married name now, or her maiden name which we filed for the K1? I'm leaning towards the married name, but I want to make sure it's right.

Thanks,

Steve & Bualai

Married name if she wants to go by that, Maiden name will go in "other names used"

I-485 Use married name, and on line that says "Name on I-94" put maiden name.

If use maiden name on I-485, and later after getting green-card, you decide to change name on GC you will need to file I-90 and pay a FEE to change it.