Adjustment of Status

[Bulanglang 1]

Hi,

Could you please tell me more info about Adjsutment of Status?

My I-94 expires already but we got married before it was expired. My visa expires next month which is less than 2 weeks and we just submit our application for AOS.

What is the status then of our application for AOS if I applied and/or submitted after my I-94 expires but not my legal stay?

Thanks

[Eveline 9]

You are fine and legal in the USA. Your status is "pending" since you are adjusting from K1 Holder to Permanent Resident. As long as you fulfill the requirements (which was to get married within 90 days of you entering the USA) you are completely on the safe side. All you can do now is sit it out and wait for your AOS to move.

[Michelle_Otman 0]

my question is... should the AOS be in there hands before the 90days is up? we were married within 40 days of his arrival and we are about to send in his AOS but gettting my 2006 taxes done first. so just wondering what happens if you send the AOS in after the 90 days...

[Eveline 9]

Nothing will happen. Of course you shouldn't wait too long to send everything off but the requirements only state to get married within the 90 days, not to also send in AOS papers. I wanted it done ASAP so we sent it all off one month after the wedding (only 30 days after entering the USA) but I have heard of people who waited for up to one year to get it all done. So if you send it in end of April or whenever you have your Tax Stuff back..you'll still be on the safe side.

All the best

[Kathryn41 3,205]

Your requirement on a K-1 is to get married within 90 days of your arrival, not to have adjusted status within 90 days. The K-1 visa is good for a one time entry only within the 6 month time period listed on the visa - once it has been used, it is no longer valid so that date is irrelevant. It just means you had to enter the US before that date. The I-94 is the important document. Now that you have married, you need to apply for permission to become a permanent resident of the US - in other words, permission to live permanently in the US with your spouse. That is the AOS application. There is no deadline for filing this document, but it is best to file it while you still have a legal status in the US. Once your legal status expires you begin to accumulate 'out-of-status' days. A few out of status days are not going to be a problem but if they add up they can become a very big problem. Once you file the AOS and it has been accepted (NOA1) your status changes to "AOS Applicant" and that is your legal status until you receive a decision about your application. When the AOS is approved, you become a permanent resident - a legal immigrant - and receive your green card.

It is virtually impossible to get the AOS process completed within 90 days even if you filed on the very first day you arrived in the US. This is because of the time it takes to process the AOS by Immigration; it can be as little as 3 or 4 months or as long as 2 years. The processing time, once you have filed the complete AOS application, is out of your hands. It is best to make sure the application is as complete as you can make it when you submit it and if that means waiting until you get your 2006 taxes completed to do so, then the few extra days shouldn't cause you any problems.

[Michelle_Otman 0]

THANK YOU FOR THE INFO... IT WAS JUST A QUESTION I HAD... HIS 90DAYS IS UP ON FEB.19TH AND HIS AOS WILL BE IN THE MAIL BY THEN... THANKS AGAIN...

[americanlover 0]

You are fine and legal in the USA. Your status is "pending" since you are adjusting from K1 Holder to Permanent Resident. As long as you fulfill the requirements (which was to get married within 90 days of you entering the USA) you are completely on the safe side. All you can do now is sit it out and wait for your AOS to move.

Hi there..im k-1 visa holder and finally got married last week .i have the following questions can pls you help me?

1.they keep wanting my alien registration number.None of my document say alien registration number only case number.but on my k-1 visa it refers to a packet A#########, is this my alien registration number?

2.they also want my visa number it is the 8 digit bottom right of my usa visa stamp?

3.in G-325a it ask for a file number, it this the same alien number?

4.Do we have to notarise the form I-864?

5.If For some reason i have go back to my country[malaysia] before the approvel,what should i do to get in to USA again?i been told by US embassy CO do not leave the country before the adjustment status been approve.

6.How long it take to approve the adjutment status?my I-94 will expired next month.

7.Do you have any idea to make the proces going faster?

thank you...

[Bulanglang 1]

Hi,

Could you please tell me more info about Adjsutment of Status?

My I-94 expires already but we got married before it was expired. My visa expires next month which is less than 2 weeks and we just submit our application for AOS.

What is the status then of our application for AOS if I applied and/or submitted after my I-94 expires but not my legal stay?

Thanks

Thanks for the INFO...really appreciate it...

Edited January 29, 2007 by danlet

[Eveline 9]

but on my k-1 visa it refers to a packet A#########, is this my alien registration number?

Yep, the A# or A0 is your Alien Registration Number. It should state it on your NOAs also.

2.they also want my visa number it is the 8 digit bottom right of my usa visa stamp?

There are different opinions about what is the visa number. I used the number that was printed in red in my passport (lower right side of visa)

3.in G-325a it ask for a file number, it this the same alien number?

You got it

4.Do we have to notarise the form I-864?

Not anymore.

5.If For some reason i have go back to my country[malaysia] before the approvel,what should i do to get in to USA again?i been told by US embassy CO do not leave the country before the adjustment status been approve.

Do not leave before you either have your Advance Parole (document I131 Travel Document) approved or the actual GC. As mentioned above, you can only enter the USA on a K1 visa ONE time and since your status is not adjusted yet, you would have to start over with a K3 in your home country. Better apply for Advance Parole when you know already that you want to leave the country. Approval of AP usually takes about 3 months.

6.How long it take to approve the adjutment status?my I-94 will expired next month.

That depends on your local office. I think Kathryn41 already stated the times. It might take between 3 months to up to 2 years (it took 6 months for me, Houston office)

7.Do you have any idea to make the proces going faster?

Fill everything out right, make sure you have the checks filled out right and with the right amount. Check everything 4 - 2000 times and then sit back and wait. There is not much you can do. Send everything off via registrered mail with a delivery confirmation (it will let you sleep at night as soon as you have it back) and get a USCIS account so you can check your status.

thank you...

That is it. Good luck.

[tiberonsuave 0]

Hi,

Could you please tell me more info about Adjsutment of Status?

My I-94 expires already but we got married before it was expired. My visa expires next month which is less than 2 weeks and we just submit our application for AOS.

What is the status then of our application for AOS if I applied and/or submitted after my I-94 expires but not my legal stay?

Thanks

I would definately do it as soon as practical. However six months and one year are important milestones I would avoid at all cost.

t