how much time do i have......

[desdemona67 2]

hi everyone, can someone please tell me how long after you get married do you have to adjust status?

I arrived in the USA on the 24th September 2015

we got married on the 31st of October 2015

My visa is stamped 22nd December 2015 so does that mean i have to have filed for my AOS before that date or I have to leave the country? Or will we be able to file after the New Year.

Kind regards

Sammy and Floyd

[Alaska2012 462]

No, don't leave the country! Yes you can file after New Years it's not like they will deport you or anything. But you might have to explain why you file late once you do file

[desdemona67 2]

so how late is late?

it will prob be 3 months after the wedding took place.

[LionessDeon 2,060]

You're supposed to apply for AOS right after marriage. K1 visa is a one time one entry visa.

Once your married it is no longer valid and AOS is required. So until u file your in Overstay status that will be forgiven once your AOS is sent in.

Edited December 6, 2015 by LionessDeon

[Penguin_ie 5,993]

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

[SunflowerSweet 1,321]

From what I understand you will be technically in overstay and out of status after December 22nd passes.

As soon as you file, your overstay should be forgiven. That being said, I do not advise waiting much longer.

Whatever you do, do NOT leave the country after the time is up. If you do, you will have to go through the K-1 process again in order to return, most likely under increased scrutiny because you failed to comply with the process the first time.

[LORIEandPHIL 123]

From what I understand you will be technically in overstay and out of status after December 22nd passes.

As soon as you file, your overstay should be forgiven. That being said, I do not advise waiting much longer.

Whatever you do, do NOT leave the country after the time is up. If you do, you will have to go through the K-1 process again in order to return, most likely under increased scrutiny because you failed to comply with the process the first time.

They would not go through the K-1 process again, they are already married.

Do not leave the country without AP, or your green card. There are people on here that left it for a couple of years before doing their AOS. Overstay will be forgiven. It really is a good idea not to wait if you can help it. sooner you do AOS, the sooner you can work.

[aleful 1,905]

hi

as said there is no set time limit, but the sooner you file the better

you had to get married within the 90 days, but there is no time limit for AOS

[SunflowerSweet 1,321]

They would not go through the K-1 process again, they are already married.

Do not leave the country without AP, or your green card. There are people on here that left it for a couple of years before doing their AOS. Overstay will be forgiven. It really is a good idea not to wait if you can help it. sooner you do AOS, the sooner you can work.

Oh interesting, I was told this by someone on the site just a few days ago since I was looking into the issue myself as my fiance may need to travel back because of his mother's help.

Not to hijack the thread, but there is a penalty, correct? You cannot just leave while you are out of status and expect to be able to come back and be alowed in file for AOS, right?

Do you happen to know what the penalty is and what you need to do?

It does go along with what OP is asking..

[aleful 1,905]

Oh interesting, I was told this by someone on the site just a few days ago since I was looking into the issue myself as my fiance may need to travel back because of his mother's help.

Not to hijack the thread, but there is a penalty, correct? You cannot just leave while you are out of status and expect to be able to come back and be alowed in file for AOS, right?

Do you happen to know what the penalty is and what you need to do?

It does go along with what OP is asking..

hi,

it all depends whether they got married or not

If a person enters under K1 and leaves before marriage takes place, they would have to start over probably or marry in their country and go through spousal visa and consular processing

but if they are already married, and leaves without AP, then they cannot return and go through AOS, they would go through consular processing and file the i130 for CR1

[KayDeeCee 4,893]

Oh interesting, I was told this by someone on the site just a few days ago since I was looking into the issue myself as my fiance may need to travel back because of his mother's help.

Not to hijack the thread, but there is a penalty, correct? You cannot just leave while you are out of status and expect to be able to come back and be alowed in file for AOS, right?

Do you happen to know what the penalty is and what you need to do?

It does go along with what OP is asking..

There isn't a penalty. You just give abandon your eligibility for AOS. You are eligible to file for AOS based on the K-1 entry and subsequent marriage within 90 days. If you leave before filing for AOS and receiving AP or your green card, then you will have to apply and go through the spousal visa process in order to get back in the US.

If you leave before you marry, then you could file for another K-1. There is no 'penalty' unless you had 180 days or more of overstay before you left the US. In that case, you would have a bar depending on the length of overstay.

[desdemona67 2]

Thank you, this has been very helpful, we were a bit worried so im hoping that 3 weeks overstay wont give me too much grief.