K1 Visa- Married but have not filed I 485!!

[Darrien&Lei 3]

I just want to know if I have to file right after we get married or if we can wait a few weeks? What is the time limit to file the papers? Will we have any problems.. I called and was told that there was no limit or special amount of time. I want to ask here too.

[Inky 1,110]

Not a k-1 process or procedure. Please keep AOS questions to the AOS forums.

Moving to AOS forums.

[Sirdaniel42 86]

You were given the right answer, waiting a few weeks should be just fine

[aaron2020 11,651]

If you file for AOS within the 90 days when the K-1 is valid, you only pay for the AOS.

If you file for AOS after the K-1 expires, you will need you will pay for AOS and the 130. Your spouse will be out of status between the time the K-1 expires and the time you file for AOS.

There is no time limit as to when you need to file for AOS. However, it's better to file sooner rather than later. You don't want your spouse be out of status because ICE can detain her for being out of status. also it cost more to adjust status if your spouse is out of status. Additionally, your spouse cannot legally work until after you file for AOS and receive the employment authorization document.

[Darrien&Lei 3]

If you file for AOS within the 90 days when the K-1 is valid, you only pay for the AOS.

If you file for AOS after the K-1 expires, you will need you will pay for AOS and the 130. Your spouse will be out of status between the time the K-1 expires and the time you file for AOS.

There is no time limit as to when you need to file for AOS. However, it's better to file sooner rather than later. You don't want your spouse be out of status because ICE can detain her for being out of status. also it cost more to adjust status if your spouse is out of status. Additionally, your spouse cannot legally work until after you file for AOS and receive the employment authorization document.

Sorry about posting in the wrong place!!!!

I dont want any problems, so it will be best to file the forms before that date.

[gretchen_darren 67]

from what I have gathered IMO, filing should be done as soon as possible after the marriage is recorded. Please note marriage keeps you in status meeting the requirement in the 90 days. the next filing requirement is within 180 days of the I-94 expiring. the K-1 is a special circumstance visa. It is believed you will file as soon as possible after marriage, but they do give you grace because of the marriage and recording the marriage license and being together. However, extending beyond the 180 days does cause problems.

Personally I have not heard of having to file the I-130 because of not filing the I-485 in time. but then again I do not know everything. All I know is out of status accrues until filing the AOS after the I-94 expires even though you are married. The "out of status" counts against you on AP and EAD. And not recommended to travel out of country until you have AP or GC issued. If AP is turned down, it is highly recommended you go nowhere until GC is resolved. Normally, if you are caught with expired I-94 under K-1 visa and have not filed AOS yet, you are ordered by the judge to file AOS in a certain amount of time. However, as I have heard, when ordered by a judge, the process is much more intrinsic with deeper probe into everything.

As for me... Just taking one day at a time...

[Inky 1,110]

Personally I have not heard of having to file the I-130 because of not filing the I-485 in time.

Because you only need to include the I-130 when filing AOS if you have not filed AOS in 2 years. This way you are granted the 10 year card on AOS approval.

The other post about having to pay and file I-130 if you don't file before the K-1 expires is incorrect because the K-1 expires the day you use it and there is no requirement to file AOS before the 90 days are up on the I-94.

[VanessaTony 3,567]

from what I have gathered IMO, filing should be done as soon as possible after the marriage is recorded. Please note marriage keeps you in status meeting the requirement in the 90 days. the next filing requirement is within 180 days of the I-94 expiring. the K-1 is a special circumstance visa. It is believed you will file as soon as possible after marriage, but they do give you grace because of the marriage and recording the marriage license and being together. However, extending beyond the 180 days does cause problems.

Personally I have not heard of having to file the I-130 because of not filing the I-485 in time. but then again I do not know everything. All I know is out of status accrues until filing the AOS after the I-94 expires even though you are married. The "out of status" counts against you on AP and EAD. And not recommended to travel out of country until you have AP or GC issued. If AP is turned down, it is highly recommended you go nowhere until GC is resolved. Normally, if you are caught with expired I-94 under K-1 visa and have not filed AOS yet, you are ordered by the judge to file AOS in a certain amount of time. However, as I have heard, when ordered by a judge, the process is much more intrinsic with deeper probe into everything.

Ummm no on the bolded portions.

There is no deadline for filing AOS. 180 days is not a deadline. The 180 days is only if you want to be able to use AP. AP is almost ALWAYS approved, even if you shouldn't use it so it's important that YOU know how many overstay days you have and whether using AP is risky.

Filing after 180 days isn't a problem for AOS. It only means you shouldn't waste time with AP because even though they WILL approve the AP, you shouldn't use it 'cause you'll get a ban on leaving due to the overstay.

The I-130 is if you have been married more than 2 years. It's a long explanation but basically you don't HAVE to but if you do you'll get a 10 year card. if you don't you'll get a 2 year card (because as a K1 you MUST have the 2 year card first even though 2 years of marriage usually equals 10 year card).

I have never heard of filing after going before an immigration judge making your case more difficult.

[OneLove <3 6]

I just want to know if I have to file right after we get married or if we can wait a few weeks? What is the time limit to file the papers? Will we have any problems.. I called and was told that there was no limit or special amount of time. I want to ask here too.

Hi there! I brought my fiance on a K1 Visa in July 2011, we married September 2011. His K1 status expired October 25, 2011 and I didn't file for AOS until mid November 2011. You will not have any problems nor is there a time limit. We put it off until we had the money for AOS process. Also, you do not need to pay extra or fill out extra paperwork so don't worry about that.

[VanessaTony 3,567]

If you file for AOS within the 90 days when the K-1 is valid, you only pay for the AOS.

If you file for AOS after the K-1 expires, you will need you will pay for AOS and the 130. Your spouse will be out of status between the time the K-1 expires and the time you file for AOS.

There is no time limit as to when you need to file for AOS. However, it's better to file sooner rather than later. You don't want your spouse be out of status because ICE can detain her for being out of status. also it cost more to adjust status if your spouse is out of status. Additionally, your spouse cannot legally work until after you file for AOS and receive the employment authorization document.

The bolded portions are WRONG!!

Firstly the K1 visa is invalidated when you enter the US. Your status is then controlled by the I-94.

You do NOT file the I-130 if filing AOS after the I-94 expires. You ONLY need the I-130 if you: 1. MARRY after the I-94 is expired (must be to the K1 petitioner) 2. AOS after you have been married more than 2 years.

The extra cost also is wrong depending on when you file AOS. If you file before your MEDICAL is expired you need to of course pay for another medical. Also if you marry after the I-94 of course the I-130 cost BUT if AOSing after 2 years of marriage it's actually CHEAPER to file the I-130 than it would be to file ROC.

Edited April 22, 2012 by Vanessa&Tony

[KayDeeCee 4,893]

The bolded portions are WRONG!!

Firstly the K1 visa is invalidated when you enter the US. Your status is then controlled by the I-94.

You do NOT file the I-130 if filing AOS after the I-94 expires. You ONLY need the I-130 if you: 1. MARRY after the I-94 is expired (must be to the K1 petitioner) 2. AOS after you have been married more than 2 years.

The extra cost also is wrong depending on when you file AOS. If you file before your MEDICAL is expired you need to of course pay for another medical. Also if you marry after the I-94 of course the I-130 cost BUT if AOSing after 2 years of marriage it's actually CHEAPER to file the I-130 than it would be to file ROC.

What she said.

[KayDeeCee 4,893]

Sorry about posting in the wrong place!!!!

I dont want any problems, so it will be best to file the forms before that date.

The information you were given and are replying to is incorrect.

There is no deadline to file for the AOS, but you should do so as soon as you are able to. Waiting a couple weeks will be no problem. Lots of people file a few weeks and even months after their I-94 is expired. You do not need to pay extra or file any extra forms unless you wait until a year(when you would need a new medical done) or 2(when you would file the I-130 in order to go ahead and receive 10 year card at that point) after your I-94 is expired.

File when you can. Follow the guides and you should have no problems.

[gretchen_darren 67]

I agree with filing, do when you can. (but the longer you take, the more headaches you make) If money is a problem, you can always submit a waiver for the costs. Waivers are not always given, but there is no harm in asking. From what I have read, you include a copy of your NOA2 from your K-1 as well as a copy of the visa, I-94 and bio stats page from your passport, plus a certified copy of your marriage certificate. This certified copy shows you married in the required 90 days. The biggest regulation on a K-1 visa is the 90 days. You have to marry in 90 days to the petitioner only. The customs officer advised us to file AOS as soon as we could after marriage, but noted that since our marriage was around Christmas near the K-1 deadline, it would make filing difficult. the customs officer told us the main important thing to do is to get married BEFORE the I-94 deadline expired. That would meet the K-1 visa requirements.

Vanessas &tony is correct about the 180 days and AP. If you have gone over 180 days or longer before filing, it is best to wait for GC in order to avoid issues with re-entry. If you are leaving on AP approval, it is best to check to make sure everything is ok before leaving country on AP.

[KayDeeCee 4,893]

I agree with filing, do when you can. (but the longer you take, the more headaches you make) If money is a problem, you can always submit a waiver for the costs. Waivers are not always given, but there is no harm in asking. From what I have read, you include a copy of your NOA2 from your K-1 as well as a copy of the visa, I-94 and bio stats page from your passport, plus a certified copy of your marriage certificate. This certified copy shows you married in the required 90 days. The biggest regulation on a K-1 visa is the 90 days. You have to marry in 90 days to the petitioner only. The customs officer advised us to file AOS as soon as we could after marriage, but noted that since our marriage was around Christmas near the K-1 deadline, it would make filing difficult. the customs officer told us the main important thing to do is to get married BEFORE the I-94 deadline expired. That would meet the K-1 visa requirements.

Vanessas &tony is correct about the 180 days and AP. If you have gone over 180 days or longer before filing, it is best to wait for GC in order to avoid issues with re-entry. If you are leaving on AP approval, it is best to check to make sure everything is ok before leaving country on AP.

You cannot be granted a waiver for the filing fee when adjusting from a K-1 since it requires an affidavit of support for the intending immigrant. They want to know how you can support them, if you cannot pay the fee.

[DeeDee&Sam 68]

we waited 6 months for it, as many people did we waited for the tax returns and used those money. but everything was ok