AOS application after K1 visa has expired

[Deputy Purple 1,294]

Sort of correct, but you can get an EAD even before the adjustment of status is complete, and you can use an EAD to get a SSN, DL, ID card, etc.

Yes, but it will cost even more. Additional $380 for filing for EAD without AOS at the same time.

For a K-1 entrant to file for EAD without Filing to Adjust Status is worthless.

While the EAD can be approved it's expiration will be the same as their I-94 as you can't be authorized work if you're not legally present in the US. Once the K-1's I-94 expires the K-1 entrant isn't legally present (they are out of status) until they have a pending application for adjustment of status.

[Joandjo 20]

You don't have to AOS before your I-94 expires but you must get married to the petitioner before the I-94 expires.

You can file AOS anytime after you're married.

Bob/Anna: What would be some of the consequences of NOT filing the AOS withing 6 months, or one year? Is there a time period that on filing the AOS without cosequence or possible ban?

Edited April 11, 2012 by Joandjo

[Reyan 56]

If you wait too long, you will have to redo your medical. I suggest borrowing the money if that is possible, so that you can get your EAD/GC and then you can work to pay it back. I can't imagine what it is like to be suck in limbo, but wish you the best.

[Deputy Purple 1,294]

Bob/Anna: What would be some of the consequences of NOT filing the AOS withing 6 months, or one year? Is there a time period that on filing the AOS without cosequence or possible ban?

Possible Negative Consequences of waiting too long:

1. Will need a NEW Complete Medical from the Civil Surgeon.

2. You can't leave the US once you've started accumulated enough illegal presence for a reentry ban even with AP as AP doesn't override the Ban (which is only imposed if you leave the US)

3. If you wait until after your 2nd wedding anniversary then you'll need to also file an I-130 as K-1 AOS can only give you a Conditional Greencard but once you've been married for 2 years you can't be issued a Conditional Greencard.

Just remember that any Ban is imposed upon leaving the US so there will be no ban as long as you don't leave the US.