Time limit-AOS

[FiveFootMo 0]

So my husband and I are wondering if there is a time limit for applying for AOS. We got married April 21 2014. Would mid June be too late?

[NikLR 13,232]

Your legal precence in the USA expires with your I-94 (90 days from entry.) You do not have to file the AOS right away however. I'm not sure when you have to file the I-130 to go with vs not.

[Dave&Roza 748]

So my husband and I are wondering if there is a time limit for applying for AOS. We got married April 21 2014. Would mid June be too late?

Once married on the K-1, you have completed its requirements. Your legal status is based on the expiration date on the I-94. Once the I-94 expires you are out of status and in a state of over-stay. Since you are married to a USC, that over-stay will be forgiven when you file for AOS. Before your AOS is approved you cannot re-enter the US or legally work. You could be detained by the CBP at any of the interior check points within the US--think near one of the US borders especially the Southern one--and issued a notice to appear (NTA) in front of an immigrant judge. You are deportable, but being married to a USC CAN help as you are allowed to file for AOS and the IJ may instruct you to do so and give you a deadline to file the AOS.

It is always best to file the AOS as soon as financially possible as the foreign spouse's life in the US in on hold until they receive the AP/EAD or GC.

Good luck,

Dave

[FiveFootMo 0]

I think my I-94 expires I believe May 31st. But I still haven't received my marriage certificate and I need that to file. So you're saying that I'm fine with filing it mid June?

[Rob & Monika 87]

Yes you are fine. USCIS site says you are removable if not married within 90 days. If you get married on day 90, you obviously can't file AOS the same day. Generally, you want to keep your 'out of status' duration under 180 days. A few weeks will be fine.

[RN_SUN 12]

I think my I-94 expires I believe May 31st. But I still haven't received my marriage certificate and I need that to file. So you're saying that I'm fine with filing it mid June?

Just make a phone call to the country court where your submit for marriage certificate. Just ask them if they have registered it yet. If they said yes, just go pick it up. That would be faster than waiting for the mail from them.

We got married on April 22, 2014. We already got our M. Certificate on May 5,2014.

[FiveFootMo 0]

We're also going on vacation and obviously vacations cost money, hence doing it in June.

[CanGirl 95]

We're also going on vacation and obviously vacations cost money, hence doing it in June.

I may be wrong but I didn't think that you were allowed to leave the country before you file for AOS on K-1.

"Note: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)"

source: http://www.visajourney.com/content/k1guide

Edited May 20, 2014 by CanGirl

[NikLR 13,232]

We're also going on vacation and obviously vacations cost money, hence doing it in June.

You cannot leave the USA without advance parole if you want to get back in. So vacation wisely and stay in the USA or it's territories.

[FiveFootMo 0]

Oh yeah, I know that. We're going to New York then Key West.