pre aos question

[sivad 0]

once we are married do we have to file for aos within the k1 visas 90 days.....or does the marriage give us an extension?...i hope this made sense.

[mox 298]

once we are married do we have to file for aos within the k1 visas 90 days.....or does the marriage give us an extension?...i hope this made sense.

Nope, you don't get an extension for being married.

[1HappyGuy 45]

The K-1 visa requirement is that you get married within the 90 days of arrival. After that you may file for AOS at any time, but considering the proposed rate increase, you should file as soon as possible after the marriage.

However, waiting to file means that your new spouse is "out of status" and can not leave the country until AOS is completed or she has received Advanced Parole (AP).

[baron555 934]

The K-1 visa requirement is that you get married within the 90 days of arrival. After that you may file for AOS at any time, but considering the proposed rate increase, you should file as soon as possible after the marriage.

However, waiting to file means that your new spouse is "out of status" and can not leave the country until AOS is completed or she has received Advanced Parole (AP).

Also know that if your beneficiary is denied at AOS, then they may be liable for (meaning possible bans) for any time they incurred while out of status.

[Gary and Alla 3,694]

The K-1 visa requirement is that you get married within the 90 days of arrival. After that you may file for AOS at any time, but considering the proposed rate increase, you should file as soon as possible after the marriage.

However, waiting to file means that your new spouse is "out of status" and can not leave the country until AOS is completed or she has received Advanced Parole (AP).

Correct, there is no "deadline" per se. to file the AOS, only to get married. It is best to file everything ASAP for a number of reasons, not least of which is that the medical exam must be within one year of filing for AOS to be valid (and save you hundreds of dollars for a new medical) and to get your wife's green card so she can work, travel or (in some states) get a driver's license, among other things (student loans, for example)

Filing AOS should be one of those prioroty things in life, not because of a deadline, but because it is the best $1000 you will ever invest and the sooner you do it the sooner she gets the benefits of being an LPR

[sivad 0]

Correct, there is no "deadline" per se. to file the AOS, only to get married. It is best to file everything ASAP for a number of reasons, not least of which is that the medical exam must be within one year of filing for AOS to be valid (and save you hundreds of dollars for a new medical) and to get your wife's green card so she can work, travel or (in some states) get a driver's license, among other things (student loans, for example)

Filing AOS should be one of those prioroty things in life, not because of a deadline, but because it is the best $1000 you will ever invest and the sooner you do it the sooner she gets the benefits of being an LPR

thank you all,we are not going to daddle with it,we are getting married on feb 14th in florida,and wil lfile soon after....about a month,i was just wondering since the initial 90 days will have passed.and don't want immigration

busting in my door and pulling an elian gonzales on my bride in the middle of the night.

[Gary and Alla 3,694]

thank you all,we are not going to daddle with it,we are getting married on feb 14th in florida,and wil lfile soon after....about a month,i was just wondering since the initial 90 days will have passed.and don't want immigration

busting in my door and pulling an elian gonzales on my bride in the middle of the night.

I may be misunderstanding you. You MUST get married within the 90 days (before the expiration on the I-94) There is no particular deadline to file the AOS AFTER you get married.

[shikarnov 7]

I may be misunderstanding you. You MUST get married within the 90 days (before the expiration on the I-94) There is no particular deadline to file the AOS AFTER you get married.

Well, if your fiancee may need or want to travel outside the US and is applying for Advance Parole, you'll want to make sure you're not out of status for more than 180 days. So, my advice is to file AOS as soon as possible if you plan to travel before you have a Green Card.

[Ivan in VA 2]

On another note, be sure that your spouse keeps a photocopy of the marriage license with her passport.

[mox 298]

On another note, be sure that your spouse keeps a photocopy of the marriage license with her passport.

Why?

[slim 1,523]

To be quite technical, you NEVER have to file AOS.

You have to get married within the 90-days after her arrival but once you're married her I-94 is void anyway and she's staying in the U.S. as your wife, not on a visa.

No hurry to get AOS going. All the "benefits" of doing AOS are only if you're going to travel somewhere or if she's going to work. As said above though, the rates may go up again so you might benefit from getting it done quicker. No hurry though.

[Anh map 2,098]

To be quite technical, you NEVER have to file AOS.

You have to get married within the 90-days after her arrival but once you're married her I-94 is void anyway and she's staying in the U.S. as your wife, not on a visa.

No hurry to get AOS going. All the "benefits" of doing AOS are only if you're going to travel somewhere or if she's going to work. As said above though, the rates may go up again so you might benefit from getting it done quicker. No hurry though.

Another benefit of adjusting status is legal presence in the US. Not a trivial matter.

We've heard from a couple of VJ members that were here in the US post marriage and pre AOS who were placed in deportation proceedings after coming to the attention of CBP or ICE.

[mox 298]

To be quite technical, you NEVER have to file AOS.

You have to get married within the 90-days after her arrival but once you're married her I-94 is void anyway and she's staying in the U.S. as your wife, not on a visa.

No hurry to get AOS going. All the "benefits" of doing AOS are only if you're going to travel somewhere or if she's going to work. As said above though, the rates may go up again so you might benefit from getting it done quicker. No hurry though.

Perhaps "technically" in a "the law is completely unclear about this" sort of way. But as Anh points out, people have run into trouble by waiting too long. How long is too long? Nobody knows. It's a great system, isn't it?

The best advice I could give anyone is to start AOS immediately. There's an added benefit of doing it quickly, which I think is often overlooked, and that's just the peace of mind your spouse will have when they know they can travel and re-enter with no problems. Up until she gets AP or her green card, if something like a death in the family were to happen back home, she's faced with either having to stay in the US, or leaving and having to go through the whole waiting for a visa thing again.

[1HappyGuy 45]

Mox makes a good point. Why would you want to wait. Your spouse is going to be here for a long time, why not make her/him feel that they are free to live without fear.

[slim 1,523]

Perhaps "technically" in a "the law is completely unclear about this" sort of way. But as Anh points out, people have run into trouble by waiting too long. How long is too long? Nobody knows. It's a great system, isn't it?

The law is very clear - as a spouse of a USC your wife does not need a visa to stay in the U.S.

I have never, ever, ever heard of anyone having any problems because they took to long to file AOS. What I have heard is they have problems arising from other situations such as exiting the country and attempting to come back, criminal problems, etc.

Taking a few months between getting married and filing for AOS is not a crime and is not even a big deal. You are completely within your legal boundaries to do so.

The best advice I could give anyone is to start AOS immediately. There's an added benefit of doing it quickly, which I think is often overlooked, and that's just the peace of mind your spouse will have when they know they can travel and re-enter with no problems. Up until she gets AP or her green card, if something like a death in the family were to happen back home, she's faced with either having to stay in the US, or leaving and having to go through the whole waiting for a visa thing again.

Starting AOS immediately is awesome when you have several thousand dollars in the bank. When you don't, you're not going to be able to send your SO home in the event of a family situation or for any other reason. You probably won't even have enough money to file the AOS in the first place.

In that case, take the time to save up enough money to file, and then file when you're ready. Don't worry about your SO being "out of status" during that time, just make sure they don't leave the country and don't get into any trouble.

The only benefit I see for getting AOS quickly is your SO can work and drive sooner. Some states they can drive without local ID but some they need a GC to do it. Either way, they need some kind of status to work legally. No matter what, do it when you're ready and don't freak out about taking a few months to send it in. Shake off all those "Well I've heard....." stories because delaying does nothing to put you on the wrong side of the law. There is no time limit.