change of status?

[bvbrink 1]

Hi,

my K-1 Fiance finally made it here it the US to me...YEA!!! We got married all ready and now we are wondering about the change of status. We know we have to apply for it but we hit a little financial bump. Does any one know if we have to file for the change of status right away or can we wait a couple months to apply? Are there consequences to waiting? Will he be sent back to his country if we do not file?

Please help, we need advice.

When I called the government, they said there was no deadline so I am a little nervous.

Thank you

Bunny

[JFH 12,191]

*~*~*moved from "K-1 fiancé visa process and procedures" to "AOS from family-based visas" as OP is now married and filing for AOS*~*~*

[Scandi 4,206]

You can wait as long as you want, but it's recommended to do it asap after the wedding. The time in between the expiration of the i-94 and until he files for AOS will count as "out of status", ie your husband doesn't have a legal status in the US. He won't be deported and his "overstay" will be forgiven once he files for AOS since you married within the first 90 days of his arrival.

Some wait years to file for AOS. But like I said, it's recommended to do it asap. 2 months is fine though, nothing bad will happen apart from the fact that he won't be able to work or travel outside the US for a while longer.