AOS from K-1 time limit?

[PJD 3]

Hi guys

 

I arrived in the states last August, and was married within the 90 days on a k-1 visa. Is there a time limit on when I should file my AOS? I would have done it a while ago, but as always it's just the cost holding me back.   

 

Any advice would be appreciated.

 

Thanks

PJ

[Dutchster 1,107]

There is no time limit. You married within 90 days of arriving so the purpose of the K-1 visa is sufficed. However, once your I-94 expires (that shows legal stay) you will become out of status. It happens a lot that people wait months or years with AOS due financial reasons for example. 

[Jojo92122 1,924]

There is no time limit.

 

However, you can not work, get a driver's license, or go to school.  Once your I-94 expires, you are also deportable and can be held by ICE.

 

My advice is to beg and borrow the money to file for AOS.  Make yourself legal.

Edited April 28, 2017 by Jojo92122

[PJD 3]

Thanks for the quick response both of you. That all makes sense, and I am very eager to get it handled quickly.

 

I have read that if 180 days has passed you can't file form I-131 for advance parole, is that correct? 

[Hypnos 6,576]

No. 

[PJD 3]

Ok thanks. Having said that, it does state if you've accrued more than 180 of illegal stay and travel even with advance parole you can be denied entry. So I'd probably rather just wait for my AOS to be granted, and not even take the risk travelling with advance parole, so filing it seems pointless.

[Dutchster 1,107]

AP is perfectly legit. You can even get denied entry with a green card, nothing is a guarantee unless you are a US citizen. 

[PJD 3]

True, but they've have no grounds to deny you entry if done within 180 days, or with a valid green card.

[Jojo92122 1,924]

File for AP.  It's not pointless. You may need it for an unforeseeable reason.  It's free to file with your AOS.

[geowrian 22,337]

39 minutes ago, PJD said:

Ok thanks. Having said that, it does state if you've accrued more than 180 of illegal stay and travel even with advance parole you can be denied entry. So I'd probably rather just wait for my AOS to be granted, and not even take the risk travelling with advance parole, so filing it seems pointless.

The ban due to overstay is put into place upon exit from the US. If you exit the US with a valid travel document (i.e. AP), then you will not trigger the ban.

[PJD 3]

Thanks, it does states on the USCIS website though, even with advance parole they can deny you based on overstay of 180. I'd advise anyone to apply for AOS prior to those 180 days of illegal stay to reduce any issues like that. 

[geowrian 22,337]

1 minute ago, PJD said:

Thanks, it does states on the USCIS website though, even with advance parole they can deny you based on overstay of 180. I'd advise anyone to apply for AOS prior to those 180 days of illegal stay to reduce any issues like that. 

They can deny you entry as a non-USC at any time when going through POE. This includes LPRs (green card holders). The 180 days has no impact on it if you have a valid travel document.

[3rd 84]

You can apply for AOS anytime after you've fulfilled the legal requirements of your K-1 visa. Overstay is forgiven for a US spouse, but it tends to be that keeping that overstay to under 180 is preferred but not essential. After your 1-94 expires you don't technically have legal stay until you get your NOA1 from AOS. We had to make sure our packet was just right to avoid RFE's but it is best to file as soon as you're able to. 

[PJD 3]

Thanks for your reply mate!

[geowrian 22,337]

15 minutes ago, 3rd said:

You can apply for AOS anytime after you've fulfilled the legal requirements of your K-1 visa. Overstay is forgiven for a US spouse, but it tends to be that keeping that overstay to under 180 is preferred but not essential. After your 1-94 expires you don't technically have legal stay until you get your NOA1 from AOS. We had to make sure our packet was just right to avoid RFE's but it is best to file as soon as you're able to. 

Just to clarify the 180 day piece...

 

Overstay is not forgiven as the spouse of a USC. It is ignored. In most cases, this distinction is not important. When it becomes an issue is if, for instance, you get a green card and then later abandon the green card (i.e. you decide to live outside the US). At that point, the overstay still exists and a bar can be put into place for the overstay. Then, if you want to come to the US again, you have to wait out the bar or get a waiver.

 

So yes, it is preferable to do so within 180 days. Moreover, it should be done as soon as you're capable of doing so. Until you file for AOS removal proceedings can be opened, which is a far more expensive and stressful situation to go through.

Edited April 28, 2017 by geowrian