Is there any time frame fr submitting AOS under k1

[divs76 0]

Is there any time frame and deadline for submitting the AOS under k1.

Due to some paperwork issues we cannot process it right away (discussed earlier here)..

How long could we comfortably wait?

[KarenCee 3]

Some have waited over a year, I guess it's all in how comfortable you are being past the I-94 expiry date. I do think you will be considered out of status, if I'm wrong someone will come along and correct me I'm sure.

[Ladylethal 12]

The only answer for those "how long after" questions in K1/K3 cases is "as soon as possible".

[ELW 5]

Hello and welcome to VJ!

I have read a lot here and it is my understanding (someone please correct me if I'm wrong) that there is NO deadline for submitting AOS on a K1. You can wait as long as you need to. I have also heard of people waiting quite a long time (even a year) to file for AOS. Of course, best to do it as soon as possible.

You only have to get married within 90 days of entering the USA (sounds like you already did that).

You should, however, apply for Social Security Number within about 75 days after arriving in USA, they are the ones with the deadline of the I-94 expiring. (I think if the I-94 is expired, meaning after 90 days of arriving in USA, they will not issue a SSN until you have AOS approval.)

Good luck with everything!

Edited March 28, 2007 by ELW

[John & Annie 0]

This is actually an issue that is a huge debate.

if you legally enter the country (as in under a K1 and get married within 90 days), and do not violate the law, you can remain 'out of status' indefinitely.

That being said, in most cases you will not be able to work or drive, or travel. Which as we have found out really sucked.

We were going to suck it up and wait until we were married two years to obtain the unconditional resident status. We changed our mind and applied for AOS and AP.

I asked the following question of the Customs and Border Patrol:

does a non-US citizen need to keep proof of their legal entry or status on there person, or be able to prove this within a reasonable amount of time While in the US?

Answer: Yes

I also asked this question to the US Attorney Generals office:

If a person enters the US on a K1 Visa, gets married within the 90 days specified and does not adjust status, are they legally present in the US?

So far I have been passed from Agency to Agency, no agency is willing to respond.

I am left to assume, that the info we were given by the USCIS is correct and that this is a grey area and you can remain 'out of status' for as long as you like.

My question is, Why would anyone want to?

I think it is far easier to adjust sooner rather than later, plus you become eligible for interim benefits.

[WifeOHunkyJohn 2]

Another thing you have to consider is what will happen to the foreign spouse if anything happens to their US husband or wife. Someone mentioned somewhere (search feature took a sneeze so can't specify where) that there could be serious issues for the foreign spouse if they are out of status and have not filed AOS if anything unfortunate were to happen to their significant other.

As my hubby mentioned, we were all set to wait it out till after the 2nd anniversary mark before filing so we could avoid the removing conditions, but then we wanted to go on vacation overseas which we couldn't do without AP which we couldn't get without AOS.

A result of using the AP was a 1 year i-94 (as the AP is valid for travel in and out of the USA for a year) which meant I could finally learn to drive as the CA DMV needed an I-94 valid more than 60 days before they would even give me an ID, and I passed my test a couple of weeks back. The new-found freedom has been, as you can imagine, quite liberating. The picture on the licence sucks tho, haha, but I guess we can't have everything.

My recommendation - and they do say hindsight is 50-50 - is not to wait too long because there is a security that comes from knowing you are pending your green card as opposed to being out of status and having to explain to everyone and their gran that, no, that doesn't mean you are illegal and, yes, you are perfectly allowed to be here.

Hope that helps

Annie

[*JG* 2]

Another thing you have to consider is what will happen to the foreign spouse if anything happens to their US husband or wife. Someone mentioned somewhere (search feature took a sneeze so can't specify where) that there could be serious issues for the foreign spouse if they are out of status and have not filed AOS if anything unfortunate were to happen to their significant other.

As my hubby mentioned, we were all set to wait it out till after the 2nd anniversary mark before filing so we could avoid the removing conditions, but then we wanted to go on vacation overseas which we couldn't do without AP which we couldn't get without AOS.

A result of using the AP was a 1 year i-94 (as the AP is valid for travel in and out of the USA for a year) which meant I could finally learn to drive as the CA DMV needed an I-94 valid more than 60 days before they would even give me an ID, and I passed my test a couple of weeks back. The new-found freedom has been, as you can imagine, quite liberating. The picture on the licence sucks tho, haha, but I guess we can't have everything.

My recommendation - and they do say hindsight is 50-50 - is not to wait too long because there is a security that comes from knowing you are pending your green card as opposed to being out of status and having to explain to everyone and their gran that, no, that doesn't mean you are illegal and, yes, you are perfectly allowed to be here.

Hope that helps

Annie

Yah, I agree. Filing the AOS gives you many freedoms you would not enjoy by not filing it. And, yes, it is great protection for your loved one should anything happen to you.