How Soon Must one file for AOS with K-1 visa

[GringoD 33]

I hope we are not in any sort of trouble.

My fiance arrived here on April 7, on a K-1 visa.

WE WERE MARRIED JUST YESTERDAY!

My concern is... Any sort of Time Table or time frame within which one must file for AOS?

I know there must be one, but I don't know what it is.

Is it in relation to her arrival?

I would think it's more in relation to the date of the marriage and/or the expiration date of the visa.

I'm sure this info is in here (this website) somewhere, but I can't find it.

Any help is appreciated.

And, may ALL OF YOUR DREAMS COME TRUE.

[Anh map 2,098]

No requirement, but it's better to do sooner rather than later. It helps to protect her status if there are any issues.

Also, the sooner it's filed, the sooner she has her GC and work authorization.

[GringoD 33]

Anh map! that made my day.

I'm banking on your info is correct.

But,... still... I'm surprised! Isn't there SOME TIME REFERENCE where it's too late?

I don't plan to extend the situation. Just wondering.

[Anh map 2,098]

Anh map! that made my day.

I'm banking on your info is correct.

But,... still... I'm surprised! Isn't there SOME TIME REFERENCE where it's too late?

I don't plan to extend the situation. Just wondering.

If you wait a year or so then yes, you'd need to file an I-130 for your (now) spouse. Assuming that you will file in the next few months, you're ok.

[KayDeeCee 4,893]

Anh map! that made my day.

I'm banking on your info is correct.

But,... still... I'm surprised! Isn't there SOME TIME REFERENCE where it's too late?

I don't plan to extend the situation. Just wondering.

Marrying in the 90 days satisfies the requirement of the K-1 visa and allows them to adjust status based on that marriage to their USC petitioner/spouse. There is no deadline to file for AOS.

However, you will be out of status and accruing unlawful presence after your I-94 expires. When you file for AOS, you then enter a period of authorized stay and the overstay clock stops ticking. When your green card is approved, the overstay no longer matters.

As far as being too late? Since there is no deadline, it is never technically too late to file, but if you have accrued 180 days or more of overstay, then do not bother to apply for the AP. I read about how it was recently changed and that you can use AP when adjusting from a K-1 even if you overstayed that long, but that ruling is new and I would not risk leaving the US and trying to re-enter without a green card after being out of status that long.

Also, if you wait more than a year past the date of your medical, you will need to get a whole new medical done. If you wait 2 years or more to file for AOS, then you should file the I-130 along with it as to get a 10 year green card instead of a 2 year conditional.

The foreign spouse cannot get a drivers license/state ID, work or travel internationally without filing for AOS. So, besides the overstay situation, it is best to file as soon as possible. Many people file a few weeks to a few months after their I-94 has expired and have no problems in doing so. Take your time and just make sure to include all the required forms and supporting documents.

[TBoneTX 45,661]

Also, if you run into any inland CBP checkpoints (you live in Texas, si man?), then they will NOT have a sense of humor if you haven't filed for AOS and the I-94 is expired, no man.

[sheenaspapi 18]

Obtain the SS# and drivers license ASAP within the 90 days of the fiance visa trust me. I dropped the ball there.

We didnt file AOS until just after the first year without issue. Work Authorization received received without issue and the case was transferred to Cali about 60 days ago.

[GringoD 33]

excuse my ignorance, but............What's an I-94?

[TBoneTX 45,661]

excuse my ignorance, but............What's an I-94?

The K-1 visa is single-entry, so once it's used for entry, it's dead. Your wife should have gotten an I-94 form attached to her passport; it states the lawful period of stay that she's allowed (in her instance, 90 days). You'll need a copy of it to file for AOS. Check inside her passport, si man.

[GringoD 33]

Si, TBoneTex.... pero... vivemos en Louisiana! Your friendly archrival state!

[TBoneTX 45,661]

vivemos en Louisiana!

They named your state after two chicas: Louise y Anna, see man.

[Pitaya 2,577]

IMHO,

Something else to consider when wondering about when to start the AOS process is the pace of activity at USCIS. There are numerous recent postings and threads bemoaning the sense of a slowing-down pace of activity at USCIS service centers. I used to wonder if like most government bureaucracies there were only two speeds of operation, slow and stop. Now, I think that there are three speeds of operation at Homeland (In)Security [HIS], slow, glacial, and stop.

My fiancee and I have been keeping an eye on this newly perceived glacial pace of activity, and are actively working on filing our AOS documents as soon as we can accurately assemble the next requisite batch of alphabet forms and numbers. We would like to submit them to the HIS bureaucracy as soon as possible, so that they can initiate their glacial work pace on our latest submissions.

Good luck on your immigration journey.