When do we have to File for AOS ???

[Mark&Syrell 2]

My fiancee arrived in the USA on August 29,2014 and we got married this past Friday, September 19, 2014. My question is when do we have to file for AOS. I guess it is just a matter of not exactly having the money right now. Can we wait 6 months or so..... Need help in answering this as I want to make sure she will not run into in immigration trouble.

Is it ok to wait????

Thanks,

Mark

[PerditaD 35]

The sooner, the better. Once your 90 days indicated on your I-94 expire, you will be out of legal status. There is no strict limit to apply for AOS (some have applied months or even years after the wedding), but the sooner you apply, the sooner you'll get your EAD and AP because til then you won' be able to work or won't be able to re-enter the country if you decide to travel abroad.

I've been out of status for a month and a half myself and won't be able to apply for AOS til end of October and I'm not too worried

[Mike and Yaoling 46]

My fiancee arrived in the USA on August 29,2014 and we got married this past Friday, September 19, 2014. My question is when do we have to file for AOS. I guess it is just a matter of not exactly having the money right now. Can we wait 6 months or so..... Need help in answering this as I want to make sure she will not run into in immigration trouble.

Is it ok to wait????

Thanks,

Mark

Apply for Adjustment of Status (AOS). You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP at this time.

Shamelessly quoting from the K-1 flowchart here. http://www.visajourney.com/content/k1flow

[TBoneTX 45,324]

*** Thread moved from K-1 Process forum to the main AOS/Family-Based forum -- OP is beyond the K-1 phase. ***

[Pitaya 2,577]

In response to your title question, "When to we have to file for AOS?" As soon as possible after marriage. The longer you wait, the more problems can arise. Check the AOS progress forum, for numerous threads associated with delaying the process.

Good luck on your immigration journey.

Edited September 23, 2014 by A&B

[G&O7 9]

Do it as soon as you get your certified marriage license. I would do mit before the 90 days is up!

[KayDeeCee 4,893]

This has been discussed many times. You can do a search for it here on VJ.

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. There is the small chance of being detained for being out of status. Stay away from border check points or using buses for travel. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

The sooner you file, the sooner she can get her EAD/AP and be able to get state ID or drivers license(and SSN of you did not get that yet), work and be able to travel outside the US and re-enter.

[ZAMA 6]

The Last time I applied my AOS, I called USICS and check on this, they said "with in 180 days".

[KayDeeCee 4,893]

The person you spoke to gave out misinformation. There is no deadline at all. Not 90 days, not 180 days. None. All you need to do to be eligible to file for AOS is to get married within 90 days of entry with a K-1 visa.

Nowhere in the I-485 form instructions does it state a time limit to file and be eligible. As a matter of fact, it states that maintaining status is not a requirement to file for adjustment from a K-1, which equals no deadline to file > http://www.uscis.gov/files/form/i-485instr.pdf

Who May File Form I-485?

3. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry.

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission

The USCIS site about adjusting status from a K-1 states you should apply for AOS after you marry, and not that is a must to be eligible.

No mention of a deadline in the laws either > 8 CFR Sec. 214.2(k)(6)(ii)

(k) Spouses, Fiancées, and Fiancés of United States Citizens—

(6) Adjustment of status from nonimmigrant to immigrant.

(ii) Nonimmigrant visa issued on or after November 10, 1986. Upon contracting a valid marriage to the petitioner within 90 days of his or her admission as a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10, 1986, the K-1 beneficiary and his or her minor children may apply for adjustment of status to lawful permanent resident under section 245 of the Act. Upon approval of the application the director shall record their lawful admission for permanent residence in accordance with that section and subject to the conditions prescribed in section 216 of the Act.