k1; how long after marriage for AOS

[kristen_maroc 126]

Hi All,

This is way in advance for me-- we're not even 3 months in for our K1 petition waiting period, but brief AOS question.

If my fiance comes to the States on a K1 and we get married within 90 days, but for some reason I get fired from my job and can't fill out a I-864, what happens? Does he need to leave after the 90 days are up? Can he stay in the US without AOSing, or can he AOS late? What kind of penalties occur in this situation?

Thanks,

k

[Barbara J 115]

Hi All,

This is way in advance for me-- we're not even 3 months in for our K1 petition waiting period, but brief AOS question.

If my fiance comes to the States on a K1 and we get married within 90 days, but for some reason I get fired from my job and can't fill out a I-864, what happens? Does he need to leave after the 90 days are up? Can he stay in the US without AOSing, or can he AOS late? What kind of penalties occur in this situation?

Thanks,

k

There is no penalty the K1 visa is one time offer he enters and you marry in 90 days obligation fullfilled. AOS just needs to be done when possible as your fiance can't work or leave the country for whatever reason till he has EAD and Ap or GC whichever comes first. Just means he has no status and that sucks when you are here and you cant' work or drive and so on, why are you planning on getting fired? And if you can't fullfill obligation on I-864 you get a co sponsor

Edited March 24, 2011 by Barbara J

[sachinky 465]

There's no timeline/deadline to file the AOS (just the 90 days to get married in order to fulfil the requirements of the K-1) but obviously, it is recommended to do it ASAP.

[Mrs O. 29]

why are you planning on getting fired?

Sorry just couldnt help laughing out loud at that!

[baron555 934]

If my fiance comes to the States on a K1 and we get married within 90 days, but for some reason I get fired from my job and can't fill out a I-864, what happens?

Nothing, they just can't legally work and can not re-enter the US if they leave.

Does he need to leave after the 90 days are up?

No

Can he stay in the US without AOSing, or can he AOS late?

Need to AOS before they die.

What kind of penalties occur in this situation?

None except as listed in first response.

Thanks,

k

[kristen_maroc 126]

Thank you all so much! I really appreciate it.

I'm not expecting to get fired. Just trying to know as much so that I can plan/prepare/be aware. :-) More likely that I will quit my job than be fired, to be honest.

This is really, really helpful.

So, you cannot apply for AP without filing an AOS?

[katiemanny 64]

Thank you all so much! I really appreciate it.

I'm not expecting to get fired. Just trying to know as much so that I can plan/prepare/be aware. :-) More likely that I will quit my job than be fired, to be honest.

This is really, really helpful.

So, you cannot apply for AP without filing an AOS?

You can wait as long as you want after marrying your fiance, the problem he wont be able to work, drive, leave the US, he'll hates his life, so it is strongly recommend to get married and apply immediately for AOS.

Yes you can but theres a fee involve I believe, if you do AOS with it, its free

Edited March 24, 2011 by katiemanny

[Migueljoy 4]

Hi All,

This is way in advance for me-- we're not even 3 months in for our K1 petition waiting period, but brief AOS question.

If my fiance comes to the States on a K1 and we get married within 90 days, but for some reason I get fired from my job and can't fill out a I-864, what happens? Does he need to leave after the 90 days are up? Can he stay in the US without AOSing, or can he AOS late? What kind of penalties occur in this situation?

Thanks,

k

The answers here for any other questions you may have going forward are great and perfect but also it is very wise as well to get the official word from the USCIS and call them at 1-800-375-5283. Some where in the choices you can find where to ask questions and speak to a live person. They are very good to take their time as well as tell them what you found. I recorded the person giving me instructions on filing the AOS and found many conflicts with here in VJ to what the requirements were.

So really base your final decision after you find out about anything here to confirm it with them there.

Keep a focus on the end and you will get there.

[Sean86 31]

Thank you all so much! I really appreciate it.

I'm not expecting to get fired. Just trying to know as much so that I can plan/prepare/be aware. :-) More likely that I will quit my job than be fired, to be honest.

This is really, really helpful.

So, you cannot apply for AP without filing an AOS?

As long as you tax return shows enough income. it doesn't matter if you have a job at the time of applying.

[Harpa Timsah 13,258]

As long as you tax return shows enough income. it doesn't matter if you have a job at the time of applying.

Yes it does matter. You need to show proof of current employment for the Affidavit of Support.