How much time to file after arriving in the US?

[Keith & Xiang 0]

My wife and step-daughter arrived in the United States on October 29, 2006 on a K-1 Fiancee Visa. We were married on November 5, 2006.

Today (November 30, 2006) my wife and step-daughter will go to the Social Security Administration to apply for their Social Security Numbers.

How much time do we have to file the AOS or whatever the next step is in this incredibly long process?

Thanks,

Keith & Xiang

Edited November 30, 2006 by Keith & Xiang

[Dr_LHA 3]

You've fulfilled the requirement to get married within 90 days of your wife entering the USA on her K-1. There is no official time limit after that for filing AOS, but its generally recommended to do so before 180 days after the K-1 visa expires to avoid any possible issues if your wife wants to travel on AP.

[YuAndDan 153]

Most file as soon as they have their marriage certificate in hand. It can be before or after the I-94 expires.

Good for you there Keith!

Just follow the guides:

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

http://www.visajourney.com/forums/index.ph...&page=k1aos

http://www.visajourney.com/faq/k1k2visa-aos.html

[Keith & Xiang 0]

You've fulfilled the requirement to get married within 90 days of your wife entering the USA on her K-1. There is no official time limit after that for filing AOS, but its generally recommended to do so before 180 days after the K-1 visa expires to avoid any possible issues if your wife wants to travel on AP.

Thank you for the very prompt reply, I truly appreciate it. Do I need to submit a copy of the marriage license to any government agency or will they see the copy once it gets submitted by our pastor?

Thanks,

Keith & Xiang

[no name 1]

You've fulfilled the requirement to get married within 90 days of your wife entering the USA on her K-1. There is no official time limit after that for filing AOS, but its generally recommended to do so before 180 days after the K-1 visa expires to avoid any possible issues if your wife wants to travel on AP.

Thank you for the very prompt reply, I truly appreciate it. Do I need to submit a copy of the marriage license to any government agency or will they see the copy once it gets submitted by our pastor?

Thanks,

Keith & Xiang

you need a certified copy of your marriage certificate.

Edited November 30, 2006 by devilette

[Peikko 1,575]

There isn't exactly a time limit as such now that you are married, however your wife and step child will be in a sort of limbo status until their status is adjusted to legal permanant residents.

I would advise you to take some time to read the guides, ask quesitons as necessary and get all your documents together and file for AOS (EAD and AP as necessary) as soon as you are ready.

As for how long the process will take, how long is a piece of string? In principal there is no reason why this should take more than 3-6 months but:

If you make mistakes in your application you will be subject to RFE's which will cause delays (and sometimes you will get them even if you don't make a mistake)

If your local service centre has a history of taking a long time to process this type of application, add the appropriate amount of time which will give you a good estimate for your area.

If you are stuck in FBI name check hell, there is no knowing when that ends, it can be years.

Hopefully, you will be one of the lucky ones Good luck.

[1HappyGuy 45]

You should begin the process of filing for permanent status as soon as possible. This can be a long and drawn out proceeding sometimes or it can move quite smoothly. The sooner the better. Review the guides for AOS and get it going soon. The green card that is issued is considered a conditional card because you will be required to file additional information two years from the issuance. After that the so called permanent card is good for 10 years. It is now required to be renewed every ten years. The only way to avoid this is by becoming U.S. citizens.

It was my understanding that the 90 days was the time limit in which to file for adjustment of status so I wouldn't wait very long. Why delay what you must do anyway.

Congratulations on your marriage. May you both have many years of happiness.

[Dr_LHA 3]

It was my understanding that the 90 days was the time limit in which to file for adjustment of status so I wouldn't wait very long.

That isn't true. The 90 day limit is the time in which you are required to get married. If you don't get married in that 90 day limit you fall out of status.

Why delay what you must do anyway.

Good advice, however also don't rush and make mistakes because you're trying to meet a deadline that doesn't exist.

[YuAndDan 153]

You've fulfilled the requirement to get married within 90 days of your wife entering the USA on her K-1. There is no official time limit after that for filing AOS, but its generally recommended to do so before 180 days after the K-1 visa expires to avoid any possible issues if your wife wants to travel on AP.

Thank you for the very prompt reply, I truly appreciate it. Do I need to submit a copy of the marriage license to any government agency or will they see the copy once it gets submitted by our pastor?

Thanks,

Keith & Xiang

Marriage certificate not license, you get the certificate from Michigan Vital Records.

http://www.michigan.gov/mdch/0,1607,7-132-4645---,00.html

Edited November 30, 2006 by YuAndDan

[1HappyGuy 45]

You should understand that after the 90 day period from her arrival, she and the step-child will be considered out of status. Although this is not by itself a problem, it you let the process drag out then you can expect problems. The Adjustment of Status is not difficult but is a necessary step to getting your family here on a permanent basis. The green card allows your wife to work and she can leave the country and return without a problem. Previous advice has been good to review the guides and get everything prepared. Obtaining another certified copy of your marriage certificate isn't difficult and the remaining items you've already been through.

So, why wait and have other possible problems. Being out of status places your wife and step child in a precarious position which you probably don't want. Also, once it is finished then you can all relax and enjoy your new lives. Remember you will be applying for permanent status for each person.

Good luck and keep us posted on your progress. You are not alone here.