OK to file AOS 4-5 months after entering the US on a k1 ???

[VetsWife328 7]

OK we have entered the US on 01/27/2009 on a k1 and k2 visa.James and me are getting married in 10 days (61 days after entering the US),but due to our Wedding turning out bigger than planned (his family is coming from Minnesota) and him missing a week of work (which meant losing 1200 $ ) plus a Pay Cut going into effect next week and my son and me needing another Medical (had it on april 2nd last year ) we can't come up with the AOS fees until probably late May or mid June.Is that still ok or are we in for trouble ??? Our local office is Seattle.

Also,is there gonna be another FBI check on me and if so what are they looking for seeing that the US Consulate in Frankfurt got a brandnew Police Record in January. (Of course that was crystal clear.)

And also,how much would or will the new medical be for my. 8 year old son and me¿?

Thanks

Aat

[vicmo 1]

OK we have entered the US on 01/27/2009 on a k1 and k2 visa.James and me are getting married in 10 days (61 days after entering the US),but due to our Wedding turning out bigger than planned (his family is coming from Minnesota) and him missing a week of work (which meant losing 1200 $ ) plus a Pay Cut going into effect next week and my son and me needing another Medical (had it on april 2nd last year ) we can't come up with the AOS fees until probably late May or mid June.Is that still ok or are we in for trouble ??? Our local office is Seattle.

Also,is there gonna be another FBI check on me and if so what are they looking for seeing that the US Consulate in Frankfurt got a brandnew Police Record in January. (Of course that was crystal clear.)

And also,how much would or will the new medical be for my. 8 year old son and me¿?

Thanks

Aat

I would advise against it. Try instead to have just the civil wedding (in the meantime) and borrow if you must for the USCIS fees. If you don't get married within the 90 day timeframe you are technically no longer on K-1 status, and even though you might be able to adjust status, I believe you would then need to pay an additional $1000 fine and fill supplement A

http://immigration.lawyers.com/ask-a-lawye...-File-7227.html

Edited March 19, 2009 by vicmo

[KIMCORENE 0]

OK we have entered the US on 01/27/2009 on a k1 and k2 visa.James and me are getting married in 10 days (61 days after entering the US),but due to our Wedding turning out bigger than planned (his family is coming from Minnesota) and him missing a week of work (which meant losing 1200 $ ) plus a Pay Cut going into effect next week and my son and me needing another Medical (had it on april 2nd last year ) we can't come up with the AOS fees until probably late May or mid June.Is that still ok or are we in for trouble ??? Our local office is Seattle.

Also,is there gonna be another FBI check on me and if so what are they looking for seeing that the US Consulate in Frankfurt got a brandnew Police Record in January. (Of course that was crystal clear.)

And also,how much would or will the new medical be for my. 8 year old son and me¿?

Thanks

Aat

I would advise against it. Try instead to have just the civil wedding (in the meantime) and borrow if you must for the USCIS fees. If you don't get married within the 90 day timeframe you are technically no longer on K-1 status, and even though you might be able to adjust status, I believe you would then need to pay an additional $1000 fine and fill supplement A

http://immigration.lawyers.com/ask-a-lawye...-File-7227.html

Just to clarify, the OP will be marrying in 61 days after arrival in the U.S. and your link says nothing about her having to file Supplement A- please cite a source for that info...

[vicmo 1]

OK we have entered the US on 01/27/2009 on a k1 and k2 visa.James and me are getting married in 10 days (61 days after entering the US),but due to our Wedding turning out bigger than planned (his family is coming from Minnesota) and him missing a week of work (which meant losing 1200 $ ) plus a Pay Cut going into effect next week and my son and me needing another Medical (had it on april 2nd last year ) we can't come up with the AOS fees until probably late May or mid June.Is that still ok or are we in for trouble ??? Our local office is Seattle.

Also,is there gonna be another FBI check on me and if so what are they looking for seeing that the US Consulate in Frankfurt got a brandnew Police Record in January. (Of course that was crystal clear.)

And also,how much would or will the new medical be for my. 8 year old son and me¿?

Thanks

Aat

I would advise against it. Try instead to have just the civil wedding (in the meantime) and borrow if you must for the USCIS fees. If you don't get married within the 90 day timeframe you are technically no longer on K-1 status, and even though you might be able to adjust status, I believe you would then need to pay an additional $1000 fine and fill supplement A

http://immigration.lawyers.com/ask-a-lawye...-File-7227.html

Just to clarify, the OP will be marrying in 61 days after arrival in the U.S. and your link says nothing about her having to file Supplement A- please cite a source for that info...

Sorry I wasn't clear enough:

From the VisaJourney FAQ it states that your K-1 visa status expires after 90 days, married or not:

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

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires.

If you file for AOS after 90 days, it would be based on a I-130 petition, rather than K-1:

http://www.visajourney.com/forums/index.ph...t&p=2090827

About necessity to fill Supplement A, they may need to consult with a immigration lawyer. If you read USCIS instructions, It specifies that it is required for people who entered legally, but have fallen out of status. By not applying for AOS within 90 days the intending immigrant is out-of-status. On the other hand the instructions also state that people who entered on a K-1 visa do not need to fill supplement A, so it is a little bit unclear

http://www.uscis.gov/files/form/i-485supainstr.pdf

http://www.expertlaw.com/forums/showthread.php?t=17088

[rheanick 42]

OK we have entered the US on 01/27/2009 on a k1 and k2 visa.James and me are getting married in 10 days (61 days after entering the US),but due to our Wedding turning out bigger than planned (his family is coming from Minnesota) and him missing a week of work (which meant losing 1200 $ ) plus a Pay Cut going into effect next week and my son and me needing another Medical (had it on april 2nd last year ) we can't come up with the AOS fees until probably late May or mid June.Is that still ok or are we in for trouble ??? Our local office is Seattle.

Also,is there gonna be another FBI check on me and if so what are they looking for seeing that the US Consulate in Frankfurt got a brandnew Police Record in January. (Of course that was crystal clear.)

And also,how much would or will the new medical be for my. 8 year old son and me¿?

Thanks

Aat

As long as you married within 90 days, you comply with the K1 requirement. Some VJ members filed AOS beyond 3 months. But do it as soon as possible.

[edp333 9]

OK we have entered the US on 01/27/2009 on a k1 and k2 visa.James and me are getting married in 10 days (61 days after entering the US),but due to our Wedding turning out bigger than planned (his family is coming from Minnesota) and him missing a week of work (which meant losing 1200 $ ) plus a Pay Cut going into effect next week and my son and me needing another Medical (had it on april 2nd last year ) we can't come up with the AOS fees until probably late May or mid June.Is that still ok or are we in for trouble ??? Our local office is Seattle.

Also,is there gonna be another FBI check on me and if so what are they looking for seeing that the US Consulate in Frankfurt got a brandnew Police Record in January. (Of course that was crystal clear.)

And also,how much would or will the new medical be for my. 8 year old son and me¿?

Thanks

Aat

As long as you get married within the 90 days you should be fine. After 90 days you will be out of status until you get the NOA1 from AOS. The USCIS normally does not take any action if you Adjust Status a few months late.

You will be required to take Biometrics and another background check. The new medical will probably be $200 - $300 for each of you. You should call several Civil Surgeons to get the best price.

[Otto 83]

Congratulations by the way....

Filing AOS in May/June will be perfectly OK - of course sooner rather than later is always better but nonetheless, it is OK. (Reason for filing sooner than later is to protect your status since once the I-94 expires you technically become 'Out of Status.' Again, not a huge issue if you file shortly after that.

Medical (from Germany) is valid for 1-year so as long as you file AOS before that time, you won't need another medical.

Also - unlike a previous post stated - your AOS will not be based on an I-130 (since you will have married withing the 90-day time limit). Just follow the AOS Guide and you should be just fine.

Edited March 20, 2009 by Karin und Otto