ok, one more FEE question

[Darnell 8,479]

So the correct answer is he has to do the AOS before the 90 days is up?

No, not at all.

Push mentioned There is no deadline for filing to adjust status and that's the correct answer.

I'm not trying to beat you up about this, really - but if you give wrong information, and someone else uses it here, then gets into trouble because they followed your advice, who's to blame? This is a web portal for DIY immigration-related issues, and if you are giving the wrong information, it can be detrimental to the reader. I know, you want to be helpful - I get that - I was guilty of the same thing, ages past, as well.

The ONLY REG is that the K-1 visa holder MUST be married within 90 days of the POE date. 99 percent of the time this is also tied to the I-94 expiration date. There is no REG to file for AOS within 90 days of POE date, or even a REG for WHEN to file AOS. Most people that file within 6 months AFTER the I-94, have no issues whatsoever. Some people even wait up to 1 year before filing for AOS, mostly without any problems.

There is no REG for 'when to file to AOS'. USCIS will always say, 'The sooner the better', and IMO, it's good to file as soon as humanly possible, as there is a dead zone of 'status' between I-94 expiration date and the NOA-1 receipt date on the AOS submittal.

[pushbrk 13,031]

So the correct answer is he has to do the AOS before the 90 days is up?

No. Not at all. "He" only "has to" die someday. most likely. Try reading for comprehension for a change.

[Gary and Alla 3,694]

No. Not at all. "He" only "has to" die someday. most likely. Try reading for comprehension for a change.

If he has the most toys when he dies....he wins! I have a head start.

[Gary and Alla 3,694]

So the correct answer is he has to do the AOS before the 90 days is up?

There is no particular deadline for the AOS. In order to adjust status FROM A K-1 visa the beneficiary must marry the petitioner within 90 days. There is no particular deadline for AOS and if the K-1 does not marry within 90 days, then they have to file an I-130 with their AOS and the person will be out of status and may not be able to re-enter the USA if they leave.

It is usually recommened to file the AOS as soon as possible because the beneficiary is out of status and ineligible for the benefits of LPR and later citizenship.

[pushbrk 13,031]

If he has the most toys when he dies....he wins! I have a head start.

Wives do not count as "toys", Gary, even if they DO let you play with their green cards.

[payxibka 10,047]

So the correct answer is he has to do the AOS before the 90 days is up?

It is best to do it as soon as is practicable, many have been done one year or more after the 90 day period. It however is not the "suggested" route to take.

[Darnell 8,479]

Its been confirmed that I was wrong. Why dont you just answer the OPs question? Thanks in advance.

I did - see http://www.visajourney.com/forums/topic/258810-ok-one-more-fee-question/page__view__findpost__p__3970316

[Nik+Heather 121]

Since the question about the timing of AOS filing was asked with the implication that they are trying to organize a savings plan in order to have the money on hand "on time", They should aim to have the AOS fees ($1010 for fiancee + any kids over 14, $600 EACH for the kids under 14) saved before the expiration of the I-94, which is 90 days after entry into the US. Income from the fiancee while in the US should not be included in the calculations.

This is in my opinion the most prudent way to PLAN your visa journey. PLANNING to file AOS months and months after the I-94 expires is just not smart. So many things can go wrong. What if while waiting, the petitioner is not willing or not able to sponsor AOS? Also, I wouldn't want to put my spouse in a position where it could be a huge hassle if there were any tangles with law enforcement.

[William33 110]

TOS violation post and the one quoting it deleted.

[pushbrk 13,031]

Since the question about the timing of AOS filing was asked with the implication that they are trying to organize a savings plan in order to have the money on hand "on time", They should aim to have the AOS fees ($1010 for fiancee + any kids over 14, $600 EACH for the kids under 14) saved before the expiration of the I-94, which is 90 days after entry into the US. Income from the fiancee while in the US should not be included in the calculations.

This is in my opinion the most prudent way to PLAN your visa journey. PLANNING to file AOS months and months after the I-94 expires is just not smart. So many things can go wrong. What if while waiting, the petitioner is not willing or not able to sponsor AOS? Also, I wouldn't want to put my spouse in a position where it could be a huge hassle if there were any tangles with law enforcement.

Yes, that would be the prudent plan. Whether prudence is exercised, of course, is up to the individual or family based on their own circumstances and priorities.