AOS--Help!

[Ashley903 7]

Hello VJers

I have a quick question for you guys--I am in the process of submitting the AOS docs along with fee iao $1070 to start the greencard process of my now husband

I am missing two items that are en route to me from my husbands country (husbands birth certificate and DS-3025 from medical)

I wanted to mail the packet out next monday for 2/24--here are my question(s):

1. Would I be ok with going ahead and mailing the packet out without those items and just wait to get an RFE --that way its in process

OR

2. If I wait to receivee these items in the mail and then mail out the packet-- will my husband be in violation of his visa? He entered the US on 12/4 and the 90 day period expires 3/3--we are already married so I am thinking he would NOT be in violation even if the AOS docs are sent AFTER the deadline of 3/3

Please any help would be appreciated!

[Merrytooth 5,748]

Choose

Option 2. Mail out the AOS package when you have all the stuff together.

You are required to marry within 90 days, but no requirement that you must file AOS before the 90 days are up.

[Alove 0]

I am on the same boat as you, My fiance came to the US this past December on a K1 Visa. We are now married and I applied for the AOS and EAD card about 2 weeks ago. His K1 Visa expires in April, but I was told by the UCSIC when I called that it's ok if the visa expries because we are now married and have applied for the AOS.

[Ashley903 7]

Choose

Option 2. Mail out the AOS package when you have all the stuff together.

You are required to marry within 90 days, but no requirement that you must file AOS before the 90 days are up.

For some reason I was under the impression that you have to be married AND file the AOS before the 90 dsy expiration but maybe I am wrong--many thanks for this b/c I was getting worried

I am on the same boat as you, My fiance came to the US this past December on a K1 Visa. We are now married and I applied for the AOS and EAD card about 2 weeks ago. His K1 Visa expires in April, but I was told by the UCSIC when I called that it's ok if the visa expries because we are now married and have applied for the AOS.

So in your case they told you that you were fine b/c you are married AND the AOS has been filed before expiration--in my case the AOS may not be filed before it expires and that is what Im concerned with--I dont want that to hurt us

[Pitaya 2,577]

Your fiance(e)'s K-1 visa was void and cancelled when they entered the US at their POE. The K-1 visa is a one-way, one-time visa. Your fiance(e) has 90 days to get married to their USC petitioner, or be in violation of US immigration laws.

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

As has been stated on this forum many, many times before, there is no specific time frame to start the AOS process. However, the sooner you are able to start the AOS process the better. Don't send in an incomplete AOS packet, processing times are already quite protracted. Sometimes RFEs are unavoidable, due to honest mistakes. However to wait for a RFE due to purposefully incomplete or inadequate information makes no sense and will likely only result in further processing delays.

YMMV,

Good luck on your immigration journey.

[Ashley903 7]

Your fiance(e)'s K-1 visa was void and cancelled when they entered the US at their POE. The K-1 visa is a one-way, one-time visa. Your fiance(e) has 90 days to get married to their USC petitioner, or be in violation of US immigration laws.

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

As has been stated on this forum many, many times before, there is no specific time frame to start the AOS process. However, the sooner you are able to start the AOS process the better. Don't send in an incomplete AOS packet, processing times are already quite protracted. Sometimes RFEs are unavoidable, due to honest mistakes. However to wait for a RFE due to purposefully incomplete or inadequate information makes no sense and will likely only result in further processing delays.

YMMV,

Good luck on your immigration journey.

That makes alot of sense--I truly appreciate your help!