how long do you have to file AOS

[Reyan 56]

I understand the AOS is a financial strain, but it's no secret that K1's have to file AOS after marriage. I just hope anyone reading this and thinking of doing the K1 route will plan ahead by setting aside the AOS fee. Don't put your wife/husband immigration status in limbo, when it can be easily be prevented.

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the “Green Card” link to the right.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

[GrayL 47]

I understand the AOS is a financial strain, but it's no secret that K1's have to file AOS after marriage. I just hope anyone reading this and thinking of doing the K1 route will plan ahead by setting aside the AOS fee. Don't put your wife/husband immigration status in limbo, when it can be easily be prevented.

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the "Green Card" link to the right.

http://www.uscis.gov...000082ca60aRCRD

I sincerely agree, I know it's so easy for couples that have been apart for so so long to only think about 'the day we're together', it's very very easy to blank out everything past that point of permanent reunion, but realistically AOS comes in a heartbeat and at close to $1100, it's something people should think about before POE. I was fortunate enough to have the finances to file for AOS immediately.

[Moomin 292]

OP, you have 2 options,

1 - wait until getting tax documents and file AOS(why does it take a year to obtain tax documents for you?)

2 - file AOS now and wait around for an RFE.

Option 2 opens the door to submitting i765(EAD application). Most(but not all) receive EAD before either greencard approval or interview. So with EAD, she can get state ID and ssn.

---

Usually, a person in your wife's shoes won't have issues from when i94 expires until getting EAD/greencard as long as she just doesn't commit any crimes and she won't become a public charge - both are factors which affect the outcome of the AOS, and serious crimes put her in a spotlight.

Edited October 27, 2012 by moomin

[TBoneTX 45,663]

Personally this is what I did, and would recommend to anyone.

1. Applied for AOS before I-94 expiration (fair call it was in the end only 3 days before, but still).

2. Scanned and printed a copy of my NOA1 for my AOS as soon as it arrived (about 2 weeks later), and kept it in my car, for times just like this.

3. Once I got my EA/AP Combo Card I kept a photocopy of that in my car too.

NB: I kept all my originals in my safe in my house. [...] I would personally hate the feeling of driving around 'out of status', after all you worked darn hard to get here in the first place!

Sensible reasoning and good advice, with one caveat (not specifically addressed by the quoted poster):

When your green card arrives, it is THE LAW that you carry it in public at ALL times. A CBP agent will have zero sense of humor or tolerance if anyone says, "Well, I was afraid of losing it, so it's in my lockbox at home, and I carry this photocopy of it instead." I, for one, would not want any of my VJ friends to experience the consequences of THAT.

[GrayL 47]

Sensible reasoning and good advice, with one caveat (not specifically addressed by the quoted poster):

When your green card arrives, it is THE LAW that you carry it in public at ALL times. A CBP agent will have zero sense of humor or tolerance if anyone says, "Well, I was afraid of losing it, so it's in my lockbox at home, and I carry this photocopy of it instead." I, for one, would not want any of my VJ friends to experience the consequences of THAT.

Very interesting, I did NOT know that that is the law, I wonder if anyone has ever come to status harm by not physically carrying their green card though, despite legally being in the country, has that ever happened?

I suppose that makes sense, I still would never carry my Australian Passport with me, for many reasons, but I suppose the green card isn't as much of a problem to carry around now that I have it.

I agree, the chances are not worth taking, I suppose realistically though you'd have to get nailed by a VERY unhappy CBP agent for anything to happen (or perhaps not). I'm on the other end, up near Canada (Montana). I did get pulled over by a cop (minor fender bender) a few months ago before I had my green card, and all I literally had on me was my Australian driver's licence (I did have the other photocopies as specified too, but nothing else original, which was never asked for). He didn't need anything else to run an Interpol check on me (which he indeed did do), but came back and just said "You're good to be here, so we're good". I guess they're much happier up here than in other places huh!?

Absolutely no harm in carrying my green card with me, it's actually been in my wallet since I had it so I can show it to all my friends (sad I know!) I guess I'll keep it there, thanks for the heads up!

GrayL

Edited October 27, 2012 by GrayL

[TBoneTX 45,663]

Absolutely no harm in carrying my green card with me, it's actually been in my wallet since I had it so I can show it to all my friends (sad I know!) I guess I'll keep it there, thanks for the heads up!

Some here (too many, sadly) will tell you not to carry your green card because "you may lose it, and it's expensive to replace." Poppycock. On the other hand, your attitude is admirable and should be emulated, si man.

[GrayL 47]

Some here (too many, sadly) will tell you not to carry your green card because "you may lose it, and it's expensive to replace." Poppycock. On the other hand, your attitude is admirable and should be emulated, si man.

Thanks!

[Pinoylover 6]

My fiancee now wife has her Social security card already but we didn't meet the deadline for getting some sort of I.D card so i could put her on my bank account, when we did the social security card for my wife we couldn't get one for the daughter at that time????? Anyways they have only been her 5 months as of Dec. 20th we got married Aug. 11th not even a month after they arrived. I just don't have $2,000 at the moment being it's this time of the year. and all the money i spent getting everything else done and the flight here. The last time i did this i didn't have a child involved and it took me almost a year to do the AOS and didn't have any problems getting it then. I know it's important to do it as soon as you can if i had the money believe me it would already be done, Thanks everybody for their help and opinions.