90 day time limit

[OnionsJester 1]

Sup guys.

I'm a K1 visa guy who is now married to my beautiful wife in Texas .

My question is, does that mean the 90 day time limit has not been lifted, or do we need to apply for AOS before we can rest? It will have been 90 days on the 12th, so I want to know if I need to make 100% sure we've applied for AOS by then, or if we can take it easy and wait 'til her next paycheck (since it's quite expensive!).

Thanks!

[Inky 1,110]

You don't have to apply for AOS before the 90days are finished, but technically you cannot rest until you have the green card in your hand.

When you have the green card you are a legal resident, can work, travel and have proof of your status.

[nenooye 8]

90 days the limitation your staying using k1..within 90 you MUST get married or ciao to your home country..then your adjust status as soon as possible (doesnt matter if you pass your 90 days..) for me I prefer before my departure card is expired.. after AOS done then we can get our rest! hehe

[milimelo 4,477]

Moving to AOS from family based visa.

[OnionsJester 1]

Thanks guys, so I can at least leave it til her next paycheck.

Thanks again!

[BlueBonnet 84]

I actualy know someone who is about 1 1/2 years from k1 and they still havent filed their AOS. The 90 days is just to validate the K1. For some reason though, they really dont seem to have a time frame on when you should file the AOS. Personaly, I believe the sooner the better. Im a worrier, so we did file the AOS within the 90 days.

[Jojo92122 1,924]

I may be wrong on this.

If you file the I-485 before the 90 days while you are still in status, you do not need to file the I-130.

If you wait after the 90 days on your K-1 visa and you are out of status, you will need to file the I-130 which will cost you another $400.

[Harpa Timsah 13,258]

No, you do not need to file the I-130 at all if you married within the 90 days.

Edited August 5, 2011 by Harpa Timsah

[Inky 1,110]

I may be wrong on this.

If you file the I-485 before the 90 days while you are still in status, you do not need to file the I-130.

If you wait after the 90 days on your K-1 visa and you are out of status, you will need to file the I-130 which will cost you another $400.

You only use the I-130 if you wait years to file AOS from the K-1. It is not advised at all to wait years because you are out of status all thos years and could get caught. Not to mention you cant travel outside the USA or work!

[Deputy Purple 1,294]

No, you do not need to file the I-130 at all if you married within the 90 days.

Actually if you wait so long that USCIS can't issue a Conditional Greencard then you will need an approved I-130.

The reason for this is that USCIS can only issue a Conditional Greencard as a result of AOS based on K-1 but if you've been married 2 years when they approve your case then they can't issue you a Conditional Greencard so they may deny your AOS. There have been cases on VJ where they were denied and some where they were RFE'd or told they need to file an I-130

[Harpa Timsah 13,258]

Actually if you wait so long that USCIS can't issue a Conditional Greencard then you will need an approved I-130.

The reason for this is that USCIS can only issue a Conditional Greencard as a result of AOS based on K-1 but if you've been married 2 years when they approve your case then they can't issue you a Conditional Greencard so they may deny your AOS. There have been cases on VJ where they were denied and some where they were RFE'd or told they need to file an I-130

Yes, I am familiar with these cases. There have also been cases where someone was married over 3 years, filed AOS without I-130, and was approved for a conditional GC. So it is possible to AOS without I-130 after two years. If you can show these cases of RFE or denial, please do. Jim has stated he can't find them anymore. This is a complicated issue, one which the OP didn't even ask about, so why bring it up? It is not the issue at hand and it makes it more confusing. Jojo's confusion has been addressed.

[Deputy Purple 1,294]

Yes, I am familiar with these cases. There have also been cases where someone was married over 3 years, filed AOS without I-130, and was approved for a conditional GC. So it is possible to AOS without I-130 after two years. If you can show these cases of RFE or denial, please do. Jim has stated he can't find them anymore. This is a complicated issue, one which the OP didn't even ask about, so why bring it up? It is not the issue at hand and it makes it more confusing. Jojo's confusion has been addressed.

I bring them up because I believe it's irresponsible to ignore them. In any matter which affects the lives of my loved ones I will always error on the side of caution therefore any input or advice I give others in similar situations will include that concept of erroring on the side of caution.

See if they wait until 2 year after entry & marriage and don't file an I-130 they can have major negative consequences up to and including deportation proceedings. Of course they would win eventually but it would still place them in from of an immigration judge and they'd most likely have spent several thousand on a lawyer.

Now if the file an I-130 and it's not needed then the worse negative consequence if that they wasted $420.00. So you tell me, which would be the safest route with least chance of financial & emotional damage to the family as a whole?

The issue really isn't any more complicated than I just summed it up as, why pretend it doesn't exist? Will you bear the negative impact if someone follows your advice that ignores the possibility?

So sure it's possible to successfully file AOS after 2 years without the I-130 but there are 2 other possible outcomes to the situation and anyone who ignores that FACT is playing fast & loose with someone else's life...

Besides, when the AOS after 2 years is successful without an I-130 then the IO is effectively not following the law, why would you simply assume that an IO wouldn't follow the law as it's written?

Edited August 5, 2011 by Bob 4 Anna

[bigdog 376]

Sup guys.

I'm a K1 visa guy who is now married to my beautiful wife in Texas .

My question is, does that mean the 90 day time limit has not been lifted, or do we need to apply for AOS before we can rest? It will have been 90 days on the 12th, so I want to know if I need to make 100% sure we've applied for AOS by then, or if we can take it easy and wait 'til her next paycheck (since it's quite expensive!).

Thanks!

Texas - you need to apply before your 90 days is up.

[Brit Abroad 166]

Texas - you need to apply before your 90 days is up.

No, you don't. The requirement is to MARRY within the 90 day period.

The reason most people file immediately after marriage is for the convenience factor. The sooner you get your EAD/AP/green card then the sooner you can work, get your driving licence sorted and start building a history of your relationship from marriage ready for the RoC 2 years down the line. The majority of us want to get it mailed in so we can live without worrying about USCIS for a couple of years-ish.

Many people don't even get their marriage certificate for a couple of months after marriage, so filing within 90 days would be impossible. USCIS understands that these things happen, people who have just got married tend to be short on ready cash and life happens.

OP, just get yourself straight and gather your paperwork. Once you are ready, file the AoS. Don't be confused by the above posts that aren't relevant to your situation.

[Harpa Timsah 13,258]

Besides, when the AOS after 2 years is successful without an I-130 then the IO is effectively not following the law, why would you simply assume that an IO wouldn't follow the law as it's written?

I would suggest a I-130 if you don't file until after 2 years of marriage as well. It is a good idea. I would definitely do it myself. I completely understand all of the ramifications.

If a I-485 is approved after 2 years without an I-130, the IO is following the law. The law states a K-1 entrant adjusts to a conditional PR. To say it is impossible is incorrect. There is proof on this forum that this has and can happen. If you can show the proof of the other possibilities, it would be helpful. Jim (whose posts you are basing this information on) has stated that he cannot find them anymore. I believe him that they exist, but it would be better to find them.

People in this thread are confused about whether you have to file within the 90 days. To bring this aspect, the multiple outcomes of waiting over two years is confusing people. Not every thread has to be an essay, and answering the OP's question without going into all of the "what-ifs" is not irresponsible. I believe it is clear and more helpful.

Edited August 6, 2011 by Harpa Timsah