AOS after arriving on a K1 visa

[redstripe54 42]

Hi everybody, well I made it in to the US at my POE Fort Lauderdale, and was given till February 10th to get married.

My question is does the AOS have to be done before the 90 days is up?

[Changoleon 7]

no, BUT you have to apply for the adjustment of your Status before the 90 days is over

[belinda63 3,020]

To meet the requirements of the K-1 visa you must marry within 90 days of arriving. Notice your I-94 gives you an authorized stay until February 10, 2016 (based on your post). That means if you remain in the US past this date without filing for AOS you will no longer be in legal status. Once the I-94 expires your receipt for filing the I-485 is proof of your legal status in the US until you either receive your green card or have your AOS denied.

The advantage of filing for AOS as soon as possible after marriage is you can also include the application for a work permit and advance parole with it at no additional cost. Usually the EAD/AP card is received within 90 days of filing which means you can work and leave the country while waiting for the green card. I have read too many stories of people who didn't file AOS in a timely manner and had to leave the country for a family emergency and guess what? They now have to file for a spousal visa to be able to return. Also the financial benefits of being able work are nice.

[Nich-Nick 3,354]

You do not have to file in the 90 days, but the sooner the better for all the reasons Belinda gave you.

[Jo Së 200]

no, BUT you have to apply for the adjustment of your Status before the 90 days is over

Wrong.

You have to marry within 90 days, but you can apply even after 90 days, but that will require more paperwork and as others have mentioned, you will be out of status until you receive your NOA1

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Process Forum~

~Inquiry abou AOS-assockated processes, past K1~

[KayDeeCee 4,893]

Wrong.

You have to marry within 90 days, but you can apply even after 90 days, but that will require more paperwork and as others have mentioned, you will be out of status until you receive your NOA1

It does not require extra paperwork to file for AOS if you married within 90 days but are filing after the I-94 expires. The process is the same.

[Ben&Sara 3]

It does not require extra paperwork to file for AOS if you married within 90 days but are filing after the I-94 expires. The process is the same.

Can you confirm this? I wife and I got married within the 90 day period in fact within two weeks, however we haven't been able to file AOS because our joint sponsor has been a little slow with the paperwork and getting things he needed.

We will likely only be able to file a week or so after the 90 days have passed. Will we be okay? I'm sorry to ask for advice on this post, but I'm incredibly worried and stressed out. Thank you.

[Zubair9992 0]

can any one help me plz my case status was in administrative process since 27 aug 2015 my d o interview last 18 it was ready now same day open then again in AP THEN TOMORROW IT was ready and again its in AP can any one tell me

[belinda63 3,020]

The K-1 required you to marry within 90 days of arrival. If you do this but file AOS late the only worry would be a possible expired medical.

If you don't marry within 90 days your K-1 is no longer valid and you would have to do a concurrent adjustment of status filing (add the I-130 into the mix).

[redstripe54 42]

Thanks for all that, how long does the medical last

[Elf 146]

The medical is usually valid for one year, except for applicants with a class B medical condition that might require an additional follow-up evaluation after arrival in the US. If the AOS isn't approved within 1 year from the date of the original medical, USCIS will issue an RFE for a new medical done by a civil surgeon in the US> Obviously that would add further delay to your AOS process plus you'd incur whatever fees the civil surgeon charges for the new medical.

[KayDeeCee 4,893]

Can you confirm this? I wife and I got married within the 90 day period in fact within two weeks, however we haven't been able to file AOS because our joint sponsor has been a little slow with the paperwork and getting things he needed.

We will likely only be able to file a week or so after the 90 days have passed. Will we be okay? I'm sorry to ask for advice on this post, but I'm incredibly worried and stressed out. Thank you.

It won't matter if you file after your I-94 expires. As long as you married within 90 days of entry with the K-1, then you are eligible to file for AOS. There is nothing extra needed. The process is exactly the same. Nothing extra needed. You simply follow the AOS guide here and the individual form instructions.

As for confirmation, you can check out this older post with the instructions and law posted > http://www.visajourney.com/forums/topic/506298-what-is-the-real-deadline-for-marriage-and-aos-filing/?p=7137244

Also, as to the talk of the medical validity, they won't necessarily send you an RFE if your medical is older than a year once your case is being adjudicated. For a K-1, it is not supposed to work that way, but some IOs don't know their own policies and insist on the new medical anyway. > http://www.visajourney.com/forums/topic/555299-medical-will-expire-before-the-aos-interview/?p=7703568

Edited November 30, 2015 by KayDeeCee