AOS - 90 day interval from arrival???

[mihinp 0]

hi everybody..

I am in USA with k3 visa and I came here last december.

I have a serious question here... Today I came to know from one of my friends that if I dont file AOS before 90 days of my stay here that I wont get GREEN CARD but I can just stay... This is really confusing... I cant understand this 90 DAY thing.. Can anybody explain this to me....

its really urgent..

[luv2uallday 1]

hi everybody..

I am in USA with k3 visa and I came here last december.

I have a serious question here... Today I came to know from one of my friends that if I dont file AOS before 90 days of my stay here that I wont get GREEN CARD but I can just stay... This is really confusing... I cant understand this 90 DAY thing.. Can anybody explain this to me....

its really urgent..

Ok i'm not sure about the 90 day rule but i do know this, when your k3 visa expires and you have not filed a AOS petition USCIS will deny you an extension, and you will be forced to go back to your home country.

reason

by not filing an AOS petition you show no intention of persuing a green card thus USCIS will deny your k3 visa extension...

what you need to do is immediatly have your spouse file the I-485 petition for you and before your k3 visa expires (i think 90 days before) apply for a extension for your k3 visa so you can wait till your AOS petition is completed processing. Also, try getting help from an immigration lawyer He or she can assist you better in determening the right actions for you to take but be sure before your k3 visa runs out you have that AOS petition filed or you will be in serious trouble

[scorpio232 0]

hi everybody..

I am in USA with k3 visa and I came here last december.

I have a serious question here... Today I came to know from one of my friends that if I dont file AOS before 90 days of my stay here that I wont get GREEN CARD but I can just stay... This is really confusing... I cant understand this 90 DAY thing.. Can anybody explain this to me....

its really urgent..

Ok i'm not sure about the 90 day rule but i do know this, when your k3 visa expires and you have not filed a AOS petition USCIS will deny you an extension, and you will be forced to go back to your home country.

reason

by not filing an AOS petition you show no intention of persuing a green card thus USCIS will deny your k3 visa extension...

what you need to do is immediatly have your spouse file the I-485 petition for you and before your k3 visa expires (i think 90 days before) apply for a extension for your k3 visa so you can wait till your AOS petition is completed processing. Also, try getting help from an immigration lawyer He or she can assist you better in determening the right actions for you to take but be sure before your k3 visa runs out you have that AOS petition filed or you will be in serious trouble

You do not have to do that either..... They will give you an extention on your K3 if your I-130 is not approved before the K3 Expires.... Regardless... If you did take her advice and file the AOS then you DO NOT have to extend your K3 Visa.. Because you have the AOS pending... And you can still live here and work.. But if you wish to leave the country.. You will need to file for Advance Parole I-171..... But, do not worry.... If you are coming close to your expire date just get an extention on the K3 if you are wishing to get the Immigrant Visa in your country at the Interview.... You do not have to AOS... More likely your I-130 will be approved before that even happens... They are being approved in 6 months or so.... Relax.....

[hcj 0]

A K-3 is good for two years. Your friend probably got it confused with the K-1, which is only good for 90 days.

On the K-3 you are not obligated to adjust status (AOS). You have two routes open to you. The first is to adjust status by filing I-485. The second is to wait for your I-130 to be approved, then go back to your home country to get an immigrant visa. Both routes lead to a green card, it's a matter of personal preference which route you choose. One may take longer than the other.

If you do decide to file for adjustment, you may do so at any point. You do not have to do it within the first 90 days. However, if you decide to adjust instead of going back at a later point to get your immigrant visa, you may as well do it now because the sooner you file, the sooner you will get your GC.

Guide on this website for the immigrant visa route – scroll down to second half re: what happens after I-130 approval

http://www.visajourney.com/forums/index.ph...page=i130guide1

Guide on this website for adjustment of status:

http://www.visajourney.com/forums/index.ph...om&page=k1k3aos

[mihinp 0]

dear friends

Actually my I-130 has already go approved. I want to get the EAD first and earn some money first.

Then I will apply for AOS. But this 90 day restriction is puzzling me..

As someone said I never found a 90 day restriction for AOS anywhere.. When my friend said that

an immigraion lawyer said that I got realy upset..

I dont kno why that lawyer said like that...

I know my extention os stay mentioned in I-94 is nothing to do with the expiry of K3 visa...

I-94 says I can stay here 2 years but the visa expires within 3-4 months time..

still I have to worry sbout this 90 day thing???