Status after K-1 approved

[tklife 0]

After the K-1 is granted and after we get married my wife will have to submit the status adjustment to extend her stay here in U.S. and start her path to residency.

What really happens at that point? How long does it take? Will she be able to work if she wants to? What about travel? And finally what about her children? Their status and scholl legality.

[Penguin_ie 5,994]

***** Moving from K1 to AOS from Family Visa as Op is asking about that part of the immigration process *****

[Cody and Daisy 373]

After the K-1 is granted and after we get married my wife will have to submit the status adjustment to extend her stay here in U.S. and start her path to residency.

What really happens at that point? How long does it take? Will she be able to work if she wants to? What about travel? And finally what about her children? Their status and scholl legality.

Once married she will fill in and send off the AOS packet (See link below in signature), she can also at the same time send with it application for work authorization and advanced parole.

AP and EAD take 30-90 days, AOS can take up to a year.

Once she has the AP/EAD combo card in hand she can travel and get back into the country.

I don't know about children and schools before becoming an LPR.

[Dashinka 24,514]

After the K-1 is granted and after we get married my wife will have to submit the status adjustment to extend her stay here in U.S. and start her path to residency.

No and Yes. No your wife does not have to file the AOS to extend her stay, but yes, she will need to file the AOS to start her path to legal residency. There is no time requirement for filing the AOS package after a valid K1 marriage. Your wife can stay here in an out-of-status condition once the I94 expires, she will not be required to leave, and in fact if she were to leave, she would not be able to return. You would then need to file for a spousal visa to allow for her to come back. Therefore, it is usually recommended to file the AOS as soon as possible after marriage to avoid any hassles and begin the Legal residency process.

What really happens at that point? How long does it take? Will she be able to work if she wants to? What about travel? And finally what about her children? Their status and scholl legality.

I think this was already answered. The guides for the AOS are also very helpful. To make things easier, it is good to file the 485 (GC), 765 (employment authorization), and 131 (advanced parole) at the same time to avoid extra fees.

Good Luck!

[NancyNguyen 1,657]

I think this was already answered. The guides for the AOS are also very helpful. To make things easier, it is good to file the 485 (GC), 765 (employment authorization), and 131 (advanced parole) at the same time to avoid extra fees.

Good Luck!

You don't have to pay fee if you decide to send i765 and/or i131 later when your i485 is pending.