timeline question

[Anja_and_Henry 0]

Hi there,

I'm here since April 21st and we will get married July 07th. Do we have to file AOS within the three month or is the three month about getting married and we could file AOS later??? I just saw on somebody elses timeline a 5 month gap between entering the US and filing for AOS (it was a K1 just like we have). Until now I thought we have to get married within the three month and ALSO have to file for AOS in that time range.

Thanks for the help,

Cheers Anja

[Peter Miami 0]

I think you have to get married and file within the three months but according to some of the reading I have done from other VJ members they have taken longer. I would not take that chance. I am sure someone here will have that actual law and let us know.

Good luck,

Peter Miami

[Not Available 0]

With the K1 visa, you need to get married within those 90 days. Though it is reccomended, not all people file AOS within that range. Me, for example, I arrived in the USA in december and didnt file AOS until may because we simply could not afford it yet. I havent heard of anyone having a problem doing so unless it has been closer to a year or over 180 days.

Marry within the 90 days and file as soon as you can, a couple of months is not going to make a difference

Edited June 12, 2006 by Stina

[Anja_and_Henry 0]

Thank you for the answers - and yes, this is the part I'm getting confused: how much time after getting married (within the three month) to file for AOS??? I saw on different time lines that people did not file right away.

I will ask our lawyer but we still did not decided yet to use him for AOS or not. We need more time for the I-485, it will never be done in the next month....

Cheers Anja

[dirtyd301 0]

Hey Anja! I was just reading up on some AOS laws and rules a few days ago when we were starting to apply! It says that the pending AOS application is the only thing that keeps your stay authorized and legal in the US after your K1 expires. So what I think this means is that you need to apply for adjustment of status before your K1 expires or technically that time in the US is illegal. To be safe I would have everything ready before you get married and then just send as soon as you can afterwards. Also a little piece of advice is find out how long in your state it takes to receive you marriage certificate copies. Cuz when we just got married in Vegas it is going to take us a couple of weeks! I had no idea that it takes more than a day!! I would check up on that and see how soon you can get it. Good luck to ya on your wedding!!!

[WalCruz 0]

You don't need to file AOS before your K1 expires. I also came here under a K1 visa and I was told just to marry within 90 days of my arrival here. When I asked about when to file the AOS they told me whenever I could. If the problem wasn't financial, then they advice filing as soon as possible, BUT if the problem is the money, then you can take your time, since it's hard for newly weds to have money like that. So, don't worry, take your time.... It doesn't need to be before your K1 expires.

[Not Available 0]

It says right on the I-485 form under "WHO IS NOT ELEGIBLE TO ADJUST STATUS"

...you are not elegible to adjust status if any of the following apply to you:

(six dots down) - you failed to maintain your nonimmigrant status other than through no fault of your own or for technical reasons ;unless applying because you are:

-A K1 fiance(e) who MARRIED The United States Petitioner WITHIN 90 DAYS OF ADMISSION...

Right there it states if you fail to maintatin your nonimmigrant status (aka you become an illegal alien) you cannot apply BUT if you were a K1 visa holder, and married your spouse within those 90 days you are fine to file after your status has expired. Just dont abuse it and file as soon as you can afterwards.

Its right there on the I-485 form if you would like to read it.

Edited June 12, 2006 by Stina

[popocat 0]

"pending AOS application is the only thing that keeps your stay authorized and legal in the US after your K1 expires." This is true. That's why it is better to apply early to keep your official status.

But, "K1 expires or technically that time in the US is illegal. " It is not true, because visa is authorization of entering the country for a specific purpose. For example, If F-1 visa was expire, it does not mean to stay in U.S illegal. If they keep I-20 as proof of going to school, they are fine unless they go out from the U.S.

For K-1, they should marry in 3 month after entering the U.S and you did. Just I want to say you are not illigal to stay in U.S, but your status is not official..

Take your time!!

Good luck

[ubertechie 0]

We where married in August of last year and just filed in April. So, we hit the 180 day rule - bottom line was, she couldn't/can't leave the US until she gets the green card. So far, we haven't had any issues and w have her interview next week. Oh and for those who believe not filing causes your status to become that of an illegal, I disagree. I say that because her passport (with expired K-1) has been checked by border patrol with no problem. Here in TX near border towns, they divert traffic and check for illegals...while we didn't leave the US, we where stopped and asked if we where US citizens. I told them I was and showed her passport and explained she is here on a K-1 visa and we where married and have filed the AOS. It's was basically, thanks and have a nice day. While I can't say that is an exact interperation of the law, it's a real world experience only. take it for what it's worth. If there truely was a problem, I would expect that she would have been detained. Of course, it stands to reason that your typical border patrol officer may not know that a K-1 visa holder after x number of days is considered illegal unless...etc, etc, etc.

Just my $.02

[Anja_and_Henry 0]

Oh wow - did not look for some time and so much response - Thank You. I will read the I-485 more carefully now.

Phew - so I'm not illegal, that feels good... We will file as soon as possible but may strech the time a bit.

Thank you all, Anja