when to file AOS

[Bristin92 4]

I had a question. When exactly do we apply for AOS?

Immediately after we get married or since she will be here for 90 days we can save more money and then apply before the 90 days are up and therefore she can stay foe a total of 6 months to wait for the approval of the AOS

What is the best thing to do, file immediately or wait?

What did you guys do?

-Kristin .

[Avery Cates 1,141]

I had a question. When exactly do we apply for AOS?

Immediately after we get married or since she will be here for 90 days we can save more money and then apply before the 90 days are up and therefore she can stay foe a total of 6 months to wait for the approval of the AOS

What is the best thing to do, file immediately or wait?

What did you guys do?

-Kristin .

The answer is whenever you want after you're married really.

When you enter on a K-1, you have 90 days to get married. Once that's done you've fulfilled the conditions of the visa, and you can file for the AoS anytime after that.

Keep in mind you need to file for AoS to get work authorization for her, so if money is an issue, waiting may cost more potential money than saving and waiting for 6 months or whatever. Also remember it can take 3 months after you file to actually get the authorization.

[agnesb 47]

As long as you marry you can file at any time but if the foreign fiance wants to work soon after then you want to apply asap to get the work authorization. If you file after 1 year from medical you'll need to have it done again in US by the civil surgeon.

[Bristin92 4]

The answer is whenever you want after you're married really.

When you enter on a K-1, you have 90 days to get married. Once that's done you've fulfilled the conditions of the visa, and you can file for the AoS anytime after that.

Keep in mind you need to file for AoS to get work authorization for her, so if money is an issue, waiting may cost more potential money than saving and waiting for 6 months or whatever. Also remember it can take 3 months after you file to actually get the authorization.

Why do you say waiting would potentially cost more?

[Avery Cates 1,141]

Why do you say waiting would potentially cost more?

Not actually cost more, but at some point the potential money lost from not getting the work authorization for her in a timely matter is going to outweigh what you'd save from waiting until later to file.

[C-ma'am 684]

**post moved from K1 to AOS from family visas

[Hypnos 6,576]

The alien will also be out of status and could be detained by ICE once their I-94 expires but before they file for AoS. It's recommended you file as soon as you are able, as being in ICE custody and going to immigration court would be unpleasant.

[KayDeeCee 4,893]

I had a question. When exactly do we apply for AOS?

Immediately after we get married or since she will be here for 90 days we can save more money and then apply before the 90 days are up and therefore she can stay foe a total of 6 months to wait for the approval of the AOS

What is the best thing to do, file immediately or wait?

What did you guys do?

-Kristin .

What exactly do you mean by the statement in bold? Once she enters on the K-1 and you marry within 90 days, she needs to stay. If she leaves before getting AP or her green card first, then you will need to start over with a whole new process of filing for her to get a spousal visa to return to the US.

She enters on the K-1. You marry within 90 days of her entry. When you get your marriage certificate from the court once it is registered, you can file for AOS. You will file for AP and the EAD at the same time. Check out the guide here > http://www.visajourney.com/content/k1k3aos

[Bristin92 4]

@Jay-Kay what I meant was that it takes another 90 days from when we file for AOS for the approval of it and since on the K1 she is here for 90 days to get married so basically it's a 6 month stay cause she will be here waiting for thr AOS approval. Does that make sense? Lol.

So what th you're saying is that after we. Get married she can stay for good? But we just have to file for the AOS within 90 days of when we marry?

[Harpa Timsah 13,258]

@Jay-Kay what I meant was that it takes another 90 days from when we file for AOS for the approval of it and since on the K1 she is here for 90 days to get married so basically it's a 6 month stay cause she will be here waiting for thr AOS approval. Does that make sense? Lol.

So what th you're saying is that after we. Get married she can stay for good? But we just have to file for the AOS within 90 days of when we marry?

No, dangerous thinking. (!)

A K-1 is meant to move to the US for good. Once the person comes to the US, they stay. Leaving will cause them to be stuck outside the US.

The K-1 is meant as a multi-stop procedure. The first step is to get the K-1. Then move to the US and marry within 90 days. Then file AOS to become a permanent resident. A person who gets a K-1 and does not file AOS will be living in the US illegally. A K-1 who leaves without filing AOS will require a spousal visa to return (add another year wait and another $1K+).

There is no deadline to file AOS because the person remains eligible for it as long as they are still married and married the petitioner within 90 days. But it is better to file ASAP to avoid out of status days and to help the immigrant engage fully in life in the US< instead of being stuck at home watching soap operas. Without AOS the person cannot work, cannot drive, cannot do much of anything.

AOS can take longer than 3 months too. Lots of confusion here.

Edited February 4, 2014 by Harpa Timsah

[Sirdaniel42 86]

Read the post from Harpa very carefully, it is very good info. Reading your post gives me the idea that you do not fully understand the right procedures.

Read the guides above and then read them again! http://www.visajourney.com/content/k1k3aos

Good Luck

Edited February 4, 2014 by Sirdaniel42

[noncompute 9]

@Jay-Kay what I meant was that it takes another 90 days from when we file for AOS for the approval of it and since on the K1 she is here for 90 days to get married so basically it's a 6 month stay cause she will be here waiting for thr AOS approval. Does that make sense? Lol.

So what th you're saying is that after we. Get married she can stay for good? But we just have to file for the AOS within 90 days of when we marry?

Just do it. Life is a headache in the US being out of status. She'll eventually want to do normal people things, like apply for a driver's license or work.

[Bristin92 4]

OKay thanks guys I understand.