Now married, time to tackle the AOS

[marcodonaldson 0]

Hi everybody,

These last couple months have been a whirlwind. My wife (then fiance) arrived by surprise a few days before Thanksgiving. We got married last Thursday at City Hall and had a nice weekend honeymoon. I believe her visa was set to expire February 18. Now, it was my understanding that we were required to be married within 90 days of her entry *check*. It's also my understanding that I don't need to file for AOS within 90 days of her entry. True or false? If false, is there a certain time limit I need to file for AOS? I've already gotten started with gathering the docs and filling them out but it would make life a little breathable if I didn't have to get this all completed by February 18. I know I will most certainly have other questions as I finish filling out the documents but at least I can get my timing straight.

Thanks in advance!

[KayDeeCee 4,896]

Hi everybody,

These last couple months have been a whirlwind. My wife (then fiance) arrived by surprise a few days before Thanksgiving. We got married last Thursday at City Hall and had a nice weekend honeymoon. I believe her visa was set to expire February 18. Now, it was my understanding that we were required to be married within 90 days of her entry *check*. It's also my understanding that I don't need to file for AOS within 90 days of her entry. True or false? If false, is there a certain time limit I need to file for AOS? I've already gotten started with gathering the docs and filling them out but it would make life a little breathable if I didn't have to get this all completed by February 18. I know I will most certainly have other questions as I finish filling out the documents but at least I can get my timing straight.

Thanks in advance!

Her K-1 visa was null and void the moment she used it to enter the US. It is a one time entry visa. The expiration date shown on the visa is for the time she had to use it to enter the US, usually a 6 month time period. The I-94 is the document that shows she has 90 days to get married or leave the US. You got married within the 90 days, so you are good. There is no deadline to file for AOS. You are not required to file for it within those 90 days before the I-94 expires. You should do it as soon as you possibly can though. She will be out of status and cannot work or leave the country until she has her EAD/AP or green card.

[mjkj 14]

Hi everybody,

These last couple months have been a whirlwind. My wife (then fiance) arrived by surprise a few days before Thanksgiving. We got married last Thursday at City Hall and had a nice weekend honeymoon. I believe her visa was set to expire February 18. Now, it was my understanding that we were required to be married within 90 days of her entry *check*. It's also my understanding that I don't need to file for AOS within 90 days of her entry. True or false? If false, is there a certain time limit I need to file for AOS? I've already gotten started with gathering the docs and filling them out but it would make life a little breathable if I didn't have to get this all completed by February 18. I know I will most certainly have other questions as I finish filling out the documents but at least I can get my timing straight.

Thanks in advance!

Everything you believe was true, you can file whenever you can. Some they want to file early so they can get their Card early and they can travel abroad easily if ever its emergency, and can work if they want, once they got their EAD.

[Grant PDX 183]

As others have said, there is no time limit now. However so many things start once you get the AOS that I wouldn't delay much. I went through this before and the things that hinge on that permanent residence are fairly significant. Not just work and travel, but that's when the citizenship clock starts, and at least where I live that's when they can finally get a local ID or start to work on driver's license. In Oregon you can't even get a state issued ID card without permanent residence, I don't know about California.

Frankly we are planning a wedding early in our 90 period and one of the compelling reasons is to get all of that started. The quickest timeframe to get her parents here goes through that AOS/Citizenship path, and we may try to get her mom here about the time we may have kids.

Getting the visa starts your life together, but a lot of other things start once you get the GC.

Good luck!

[Ab44 3]

Congratulations on your wedding!! :-) Just adding, that this is also my understanding that there is no deadline..(we have procrastinated on this and plan on getting everything out in the next few weeks..but yes it's always ideal to get things started asap after you get married.

[SunnySanDiego 17]

Congratulations!!!

You are right there is no timeline to apply for AOS as long as you married in the 90 days, which you did. Your Fiance will not be able to travel outside of the US until she has completed her adjustment of status because her K1 was no longer valid once she used it to enter the US.

Edited February 4, 2012 by SunnySanDiego