How long do I have to file for AOS

[KGH 0]

Hi Every one,

A quick question, My fiancee is entering to the US very soon on a K-1 Visa, I know we have 90 days to get married, but how about AOS, how long do I have to file for AOS?

Thanks

[Inky 1,111]

As soon as you can after you get married file your wifes AOS.

[KGH 0]

I just want to know the time frame, like 6 months, 3 months, until visa is valid? just how long so I can plane all the legal stuff.

for example if visa Exp. date is 15-Feb-2001 and she comes in on 1-Feb-2010, then by the time that she get her SSN and apply for marriage Cert. and do other legal stuff, it puts us on end Feb and visa is already expired.

As soon as you can after you get married file your wifes AOS.

[Otto 83]

I just want to know the time frame, like 6 months, 3 months, until visa is valid? just how long so I can plane all the legal stuff.

for example if visa Exp. date is 15-Feb-2001 and she comes in on 1-Feb-2010, then by the time that she get her SSN and apply for marriage Cert. and do other legal stuff, it puts us on end Feb and visa is already expired.

The Visa expiration date is irrelevant once the US has been entered. Upon entering, an I-94 is issued (in the passport) and is valid for 90 days (this is the expiration date that matters, not the visa). Just to be clear. You (as you know) will have 90 days to get married - it is suggested that you file AOS (and EAD & AP) before the I-94 expires in order to protect the foreign spouse's legal status.

That said - there is no written rule saying when you must file by (some folks have gone a year or longer before filing and had no problems, for example) - that is not suggested though. (One reason is, the longer a person goes being out of status, the greater the chances of something going wrong. Secondly, the longer you wait, the longer it will be before the foreign spouse can enjoy the benifits of being a permanent resident (i.e., driving, working, going to school, etc))

[john_and_marlene 162]

there is no written rule saying when you must file by

The is absolutely a written rule. The rule is that to remain in a legal status, you must file before your I-94 expires. This is not a grey area--overstay begins on the day after the I-94 expires. Unless the adjustment application is filed, the beneficiary is violating the law and is deportable.

[William33 110]

there is no written rule saying when you must file by

The is absolutely a written rule. The rule is that to remain in a legal status, you must file before your I-94 expires. This is not a grey area--overstay begins on the day after the I-94 expires. Unless the adjustment application is filed, the beneficiary is violating the law and is deportable.

Can we get a link to support this statement?

[john_and_marlene 162]

there is no written rule saying when you must file by

The is absolutely a written rule. The rule is that to remain in a legal status, you must file before your I-94 expires. This is not a grey area--overstay begins on the day after the I-94 expires. Unless the adjustment application is filed, the beneficiary is violating the law and is deportable.

Can we get a link to support this statement?

Can we get a link to support the statement that there is no time limit--something that says it is perfectly acceptable to remain beyond the date of the I-94? Why is that link never asked for? That question should be asked every time someone says there is no limit--putting the beneficiary at risk.

Now ... here is a link for you.

http://travel.state.gov/visa/temp/info/info_1298.html

If your I-94 contains a specific date, that is the date by which you must leave the United States

Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the U.S., is a violation of U.S. immigration laws

For anecdotal evidence that an oversay can lead to deportation just google "overstay deportation" and you will find many cases.

There is nothing magical about K-1 that protects you when you are out of status. It is just like any other nonimmigrant visa in that regard.

The special circumstance beyond the I-94 that the K-1 preserves is the ability to adjust status based on the K-1 entry without having to file an I-130 as long as you married within the 90 days. It does not provide any special treatment with regard to the duration of authorized stay on the I-94. If you go beyond the I-94 you are out of status and remaining illegally in the U.S. If you submit your adjustment of status before the I-94 expires, your status changes to a new period of authorized stay based on the adjustment application.

That there is no time limit on using the K-1 entry as the basis for an adjustment application, does not mean there is no time limit with regards to remaining legally.

[Nik+Heather 121]

There's a thread in an adjacent forum which you may want to peruse if you are considering leaving your spouse out of status.

How does 16 days behind bars and $25,000 sound? http://www.visajourney.com/forums/index.php?showtopic=229821

When the I-94 expires, so does your legal status unless you have changed your status to "adjustment pending" by filing for AOS. Then your proof of legal status is the NOA1 from that filing.

[Philosykos 0]

There's a thread in an adjacent forum which you may want to peruse if you are considering leaving your spouse out of status.

How does 16 days behind bars and $25,000 sound? http://www.visajourney.com/forums/index.php?showtopic=229821

When the I-94 expires, so does your legal status unless you have changed your status to "adjustment pending" by filing for AOS. Then your proof of legal status is the NOA1 from that filing.

O.k., interesting, but no need to try scaring people, Nik+Heather. This guy wasn't a K-1, he got married on an expired visitor's visa. Very different situation.

If it really got you into serious trouble to file outside of the validity of the I-94, they would surely alert you to that somewhere. My letter from the consulate accompanying the visa stated clearly that I was required to marry the petitioner within 90 days of entering the United States. It did not state that I had to file for Adjustment of Status within that time frame as well. The IO at the airport also reminded me that I had to get married within 90 days. No word of filing for AOS within that time frame either. And how would someone who got married on day 89 do that anyway? Our church takes around six weeks to crank out the official marriage certificate...

I have yet to hear about a K-1 who was deported or incarcerated for filing for AOS a few weeks late. That said, I (being a couple of weeks out of status now, due to waiting for some documents) am planning to get onto a bus to New York tomorrow... So I better don't count my chickens yet!

Happy Thanksgiving everyone!

[f1_gurl 0]

Before her I-94 expires...otherwise she will be out of status... they give the I-94 form on the plane before she lands on her POE then the immigration officer at the POE validates it make sure she keeps her copy...

[Tom&Ren 0]

Hi everyone..............regarding the topic of filing AOS once out of status

I am filing a few weeks after my 1-94 has expired.....on the I-485 form for "Current USCIS Status" should I just write "K-1 Visa Holder (out of status)"???

Does anyone have any suggestions/advice??

Ta in advance! :-)

[toma1 10]

"Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the U.S., is a violation of U.S. immigration laws..."

http://travel.state.gov/visa/temp/info/info_1298.html

I can't find anything that says, "Unless you are on a K1 visa..."

However it is true that they generally forgive overstays. How long... who knows?

I liken this to asking a cop, "I'd like to drive as fast as I can. How much can I go over the speed limit before you will pull me over and write a ticket?"

Edited December 1, 2009 by toma1

[tony1343 0]

I'm pretty sure some of these remarks are a little ridiculous. You have 90 days to marry once you enter the United States. It is perfectly legal to marry on the 90th day. So it might not be possible to then file the AOS on the 90th day (e.g., if it is a weekend).

You might technically be out of status, but no one is going to try to deport you. This would be a waste of time, because I'm pretty sure that you can apply for AOS in front of the immigration judge. So this would have just be a waste of taxpayer money. I'm not positive on this though; I'll look into it later tonight when I have time (as now I'm interested, though my fiancee has plenty of time to file before the 90 days are up).

[Nik+Heather 121]

O.k., interesting, but no need to try scaring people, Nik+Heather. This guy wasn't a K-1, he got married on an expired visitor's visa. Very different situation.

If it really got you into serious trouble to file outside of the validity of the I-94, they would surely alert you to that somewhere. My letter from the consulate accompanying the visa stated clearly that I was required to marry the petitioner within 90 days of entering the United States. It did not state that I had to file for Adjustment of Status within that time frame as well. The IO at the airport also reminded me that I had to get married within 90 days. No word of filing for AOS within that time frame either. And how would someone who got married on day 89 do that anyway? Our church takes around six weeks to crank out the official marriage certificate...

I have yet to hear about a K-1 who was deported or incarcerated for filing for AOS a few weeks late. That said, I (being a couple of weeks out of status now, due to waiting for some documents) am planning to get onto a bus to New York tomorrow... So I better don't count my chickens yet!

Happy Thanksgiving everyone!

An expired I-94 looks a lot like any other expired I-94. Hardly anyone knows what a K1 is - even people who work with immigration things sometimes! and I'd take bets that it won't mean a thing to the officer who finds ya and puts you away while things get figured out. Even an hour for Nik in jail is too much for me, so I made efforts to get that sent off ASAP. I would hope that others feel the same, and should know what could happen.

No, they didn't have to face deportation hearings. All that happened was that they were caught without proof of status. Guess what a K1 doesn't have anymore once their I94 expires. Proof of status. Just because they might not deport you doesn't mean there aren't other quite unpalatable consequences! Just because they forgive overstays once you apply for AOS, doesn't mean there aren't risks to waiting, and I don't think it's fair to tell people "Don't worry, you'll be fine" Staying in the US out of status is breaking the law. And like anything else, nothing happens until you get caught. And like any other law breaking, there are consequences when you are.

[F & J 21]

When my documents were examined by the Immigration Officer at my POE (Detroit, MI), one of the first things he told me was that my fiance (now husband) and I needed to get married within 90 days. I asked about what we had to do after and he said that's all that's required for the K-1 visa but to protect my legal status in the United States, we had to file for Adjustment of Status immediately after. He said that after we get married, we've basically fulfilled the requirement of the K-1 visa but he was sure that my fiance would want to protect my status so it's expected that you will file for AOS as soon as possible.

We called the USCIS National Customer Service Center and they gave us the following info:

• there is no "deadline" for filing for AOS but it is recommended that you file before your I-94 expires or immediately after you get married
  
• once your I-94 expires (regardless of whether you're married or not), you are out-of-status
  
• you can LEGALLY remain in the U.S. while your AOS application is pending - the person my husband talked to said that I shouldn't leave the U.S. unless I have an APPROVED travel document (Advance Parole)
  

Edited January 13, 2010 by Fatima and Jim