Change of Status question

[bearcat982 0]

Does anyone know how long you can take to file the change of status after your marriage? We're having trouble coming up with the fee amount and want to know how long we could put it off without risking her visa.

[Perfect Couple 4]

Does anyone know how long you can take to file the change of status after your marriage? We're having trouble coming up with the fee amount and want to know how long we could put it off without risking her visa.

About 4 months.. you wont risk your visa as long as you were married within 90 days upon her arrival here in US. you can apply for AOS anytime you want. i suggest, apply as soon after your marriage. and everything will flow smoothly.. once you get your EAD, you can apply for Driver's license, etc... Payment is $1010.00, that includes Biometrics, I-485, I-765, I-131..

Hope that helps.

Goodluck. God bless

[Ban Hammer 13,342]

Does anyone know how long you can take to file the change of status after your marriage? We're having trouble coming up with the fee amount and want to know how long we could put it off without risking her visa.

it's adjustment of status.....

moved from pi regional to aos forum.

[RonMay 1]

Does anyone know how long you can take to file the change of status after your marriage? We're having trouble coming up with the fee amount and want to know how long we could put it off without risking her visa.

it's adjustment of status.....

moved from pi regional to aos forum.

that depends on you... the important is you guys get married w/ in the 90 days period. although it is important to file as soon as possible so she can work legally (if she wants to apply for a job) or perhaps travel abroad w/ no problem of getting back, but if not then she'll just be Out of Status after 90 days. although im not sure about the timeline of it, but i know of somebody before who filed their AOS a yr later coz of financial reason too... and she got her GC w/ no problem... i know how hard it is these days. i'll be filing my removing of condition and thats gona be $545 from our pocket...

wish u luck!

[Gary and Alla 3,694]

Does anyone know how long you can take to file the change of status after your marriage? We're having trouble coming up with the fee amount and want to know how long we could put it off without risking her visa.

According to the instructions for the I-485 you are not eligible to adjust status if the I-94 is expired, that means 90 days. You knew this, right? I cannot say it is "OK" beyond that time as the USCIS doesn't give a hott what we say here. I CAN say that there are many, many reports of VJers going beyond that date and not having a problem. I have also read here that being "out of status" (which is her official designation after I-94 expiration) for more than 180 days is the key time frame. I cannot confirm that and canoot offer any advice other than follow the instructions of the form.

[Kathryn41 3,205]

Does anyone know how long you can take to file the change of status after your marriage? We're having trouble coming up with the fee amount and want to know how long we could put it off without risking her visa.

According to the instructions for the I-485 you are not eligible to adjust status if the I-94 is expired, that means 90 days. You knew this, right? I cannot say it is "OK" beyond that time as the USCIS doesn't give a hott what we say here. I CAN say that there are many, many reports of VJers going beyond that date and not having a problem. I have also read here that being "out of status" (which is her official designation after I-94 expiration) for more than 180 days is the key time frame. I cannot confirm that and canoot offer any advice other than follow the instructions of the form.

This is actually inaccurate. You can still adjust status through marriage even if the I-94 is expired. The I-485 instructions apply to a variety of adjustment applicants, not just adjustment through marriage applicants. Individuals need to have a valid status in order to adjust status through non-marriage so if the I-94 is expired you could run into problems. BUT, and it is a big BUT, USCIS does allow for marriage based adjustment of status after the I-94 is expired. The out of status time is forgiven once the AOS is approved.

There is also a bit of confusion here about the 180 days out of status. That has no impact on your AOS application at all. The 180 days out of status refers to the time limit that will incur a 3 year ban IF the individual leaves the US without a green card. If you have less than 180 days there is no ban if you leave and re-enter. If you have more than 180 days out of status you will incur a 3 year ban upon trying to re-enter the US. (If you have more than a year, you will incur a 10 year ban). I repeat, however, it will have no impact upon filing for the AOS as long a you don't leave the US until you get a decision on the green card, then any out of status time is forgiven.

I will caution posters to be careful when they offer information that they do have their facts in order as mis-information can cause serious problems to the applicants. I will also caution anyone reading the posts that advice given here is based on the experiences of the individuals involved and may not always be comprehensive or accurate. VJ is a great tool to assist with your visajourney but you still need to do a lot of research and reading on your own - especially of the instructions given for all petitions and applications on the actual USCIS website.