How long do we have after K1 visa marriage to adjust?

[glazierguy 20]

My wifes K1 visa expires in Dec. 2014. We got married last weekend. It is going to take me awhile to save for the aprox. $1100.00 needed for adjustment and biometrics. Legaly or as far as the uscis is concerned, actually how long do we have before I MUST submit the forms?? Thank you in advance....

[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. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

[Transborderwife 4,666]

My wifes K1 visa expires in Dec. 2014. We got married last weekend. It is going to take me awhile to save for the aprox. $1100.00 needed for adjustment and biometrics. Legaly or as far as the uscis is concerned, actually how long do we have before I MUST submit the forms?? Thank you in advance....

As far as USCIS is concerned once her I-94 has expired she could be deported if found living out of status. It's a risk that you choose. Just remember once she's out of status she's deportable if no AOS has been filed. Also remember that her k1 medical expires within a time frame of 1 year. You don't want her to have to redo it.

[oatmeal 8]

There is no limit or time when to file. If you have the money then, the earlier the better. Don't be concern about the expiration of her medical, she will do it again here coz its required. The 90 days given is to get married, it doesn't mean you have to file the AOS within the 90 days period.

[Transborderwife 4,666]

There is no limit or time when to file. If you have the money then, the earlier the better. Don't be concern about the expiration of her medical, she will do it again here coz its required. The 90 days given is to get married, it doesn't mean you have to file the AOS within the 90 days period.

Wrong. If the medical is valid she does not have to redo.

[ro&ry 5]

No time limit when marriage delivered within 90 days. But remember that you can't work, drive (need DL and DPS need some documents from USCIS) or travel outside the country without the green card or the EAD and AP, so it's very advisable to file as soon as possible after marriage so you could start establishing yourself here in USA.

[oatmeal 8]

Wrong. If the medical is valid she does not have to redo.

It depends on your service center. Most of the time they require a medical exam from civil surgeon.

[KayDeeCee 4,893]

It depends on your service center. Most of the time they require a medical exam from civil surgeon.

I would not say that most of the time a new exam is needed from a civil surgeon. I would say the opposite actually. A new exam is not required if your K-1 medical was within a year of filing.

By service center, do you mean local USCIS offices? The policies are the same across the nation for the medicals. They released a new policy back in May that should not include those adjusting from a K-1, but some immigration officers are requiring a new medical if the K-1 medical is over a year old at the time of the interview.

[raven52 233]

Borrow the money, FILE.,.,.,., YOU are going to cause you and your wife a bunch of problems, as if you file now, then you will probably not have to go to civil surgeon, (this could be 300-400 dollars) FILE now! The longer you wait the more problems, no work, AOS gets screened more by agents.,.,.,.YOU are just asking for trouble.

Find a way, get the money and file the 1070.00 asap, it is for you and yours benefit!

[glazierguy 20]

Lol calm down, I asked a simple question, open to discussion, obviously many different opinions. I simply asked how long before it can become a problem.

[Rudy & Keren 7]

The thought that came to my mind in reading the orginal post was what would the USCIS officer think about the American citizen's ability to support the new spouse if the citizen can't come up with the AOS fees?

Learning more and more about the sections of the VISA process I see that the US govt retains the power and ability to stop forward progress at any stage.

I know that if one is bringing a fiancee into the US that requires some special expensive care, The US citizen has to show income necessary ABOVE the listed minimums to prove to the govt that the new spouse or fiancee will not be a public charge in some way.

I have read the posts of people caught under the wheels of the visa process with one officer reversing what another one approved.

So letting a new wife's immigration status expire instead of filing the AOS, just seems to me to asking for potentially some kind of extra attention.

And if I understand this visa process it is to a large degree about blending in with all the people that are following the system successfully.

Just my observations and thoughts.

I hope your decision works out for you both.

If you do put off filing the AOS, do post your adventure down the road AFTER you have recieved the green card

Rudy

US citizen

[Bjorn&lyne 20]

From what I read, you have 90 days to get married AND file for adjustment of status. If you do not apply for adjustment of status within the 90 days, in addition to getting married, you are violating your K-1 visa status apparently, meaning you are here illegally, which can cause problems when applying for US citizenship. This link explains more. http://www.hooyou.com/k-1/k-1-whater-after.html

[Asia 2,498]

From what I read, you have 90 days to get married AND file for adjustment of status.

Not true.

The only deadline is to get married within 90 days.

AOSing as soon as possible is optional but the sooner it is done, the sooner the spouse can start working, driving their car and all... And they're not deportable anymore.

Just being married to SC doesn't give their spouse any status. They're just the USC's spouse and that's all.

AOSing gives them the legal status.

Edited November 18, 2014 by Asia

[Mike-eeh and Odie 193]

Not true.

The only deadline is to get married within 90 days.

AOSing as soon as possible is optional but the sooner it is done, the sooner the spouse can start working, driving their car and all... And they're not deportable anymore.

Just being married to SC doesn't give their spouse any status. They're just the USC's spouse and that's all.

AOSing gives them the legal status.

You realize you just contradicted yourself?

You have 90 days to marry via the K-1 visa. However, you MUST adjust status immediately (before the I-94 expires), otherwise you are considered out of status and are inside the USA unlawfully. This is not opinion it is fact.

The OP seems to want to do things legally so he won't have any problems in the future, and despite the popular opinion that it's "okay" to remain out of status after the marriage, it is not legal, and is subject to the enforcement of the US Immigration laws. Would you really want to risk your spouse being deported even if the chances are "small?"

Staying in this country without AOS is no different than couples who marry in the USA on a tourist visa and "forget" to return home.

[Bjorn&lyne 20]

I simply quoted what the immigration lawyer website stated. I don't think you can simply stay indefinitely on the K-1 without filing for AoS so you can be assured there is some kind of time limit before you need to file, and again, the website states 90 days but maybe it is longer, but to be safe I would file within 90 days.