Time limits on filing adjustment of status

[brianne.miguez903 0]

After marrying within our 90 days on k1 visa, is there a time frame that we have to file for the adjustment of status? I have read multiple threads that contradict one another due to how old the thread were. I have the required income but it will take me a few months to save up the money for the fees. 

[p-ana 933]

8 minutes ago, brianne.miguez903 said:

After marrying within our 90 days on k1 visa, is there a time frame that we have to file for the adjustment of status? I have read multiple threads that contradict one another due to how old the thread were. I have the required income but it will take me a few months to save up the money for the fees. 

First off, you should be posting on the adjustment of status forum as you are past the k1 phase and people there would be more helpful

 

there is no time frame to adjust status, if you got married within the 90 days of entry, but is highly advisable to do it so before the i94 expires. It's on their best interest to do so, they will be in limbo while out of status and not being able to do much (working, driving, etc)

[Hypnos 6,578]

There is no deadline, but you would be out of status from the day your I-94 expired to the day your I-485 was accepted for processing by USCIS. During this time, if you ran into a CBP checkpoint or otherwise encountered a CBP agent it's possible you could be detained and be required to appear in immigration court.

Edited June 18, 2017 by Hypnos

[brianne.miguez903 0]

10 minutes ago, p-ana said:

First off, you should be posting on the adjustment of status forum as you are past the k1 phase and people there would be more helpful

 

there is no time frame to adjust status, if you got married within the 90 days of entry, but is highly advisable to do it so before the i94 expires. It's on their best interest to do so, they will be in limbo while out of status and not being able to do much (working, driving, etc)

Understood. I made it in the other thread. Thanks for feed back

[Ryan H 3,828]

**Duplicate threads merged and merged thread moved from Progress Reports to main forum.**

Edited June 18, 2017 by Ryan H

[geowrian 22,338]

49 minutes ago, brianne.miguez903 said:

After marrying within our 90 days on k1 visa, is there a time frame that we have to file for the adjustment of status? I have read multiple threads that contradict one another due to how old the thread were. I have the required income but it will take me a few months to save up the money for the fees. 

There's no time frame you have to file. But after the I-94 expires, you will be out of status and are deportable. Once you file for AOS, you gain authorized stay while it is pending. It's highly suggested to file as soon as you can in the current environment.

[brianne.miguez903 0]

24 minutes ago, geowrian said:

There's no time frame you have to file. But after the I-94 expires, you will be out of status and are deportable. Once you file for AOS, you gain authorized stay while it is pending. It's highly suggested to file as soon as you can in the current environment.

Ok. Well is there a time limit on when he needs to enter the u.s? He has passed is interview and is currently waiting on his passport to be returned. Should he stay there till I have the funds?

[geowrian 22,338]

Just now, brianne.miguez903 said:

Ok. Well is there a time limit on when he needs to enter the u.s? He has passed is interview and is currently waiting on his passport to be returned. Should he stay there till I have the funds?

The expiration date will be on the visa. It will be 6 months from the medical or the interview....whichever is sooner.

Nobody here can really tell you what to do as it's you and your fiance's who know your circumstances best. We can provide the relevant info (i.e. the validity of the visa, how long to marry, the impacts and risks if somebody does not file for AOS, etc.) and opinions.

[Coco8 1,042]

He could wait as much as possible in his country. If he works there, he can save money while waiting. 

 

On the other hand, you could consider getting a small loan. If you do everything fast, he can get an EAD in 3-4 months which allows him to work and help you pay the money back. 

[Dashinka 24,752]

Only the two of you can decide how long to wait before actually using the K1 visa.  In my case, we waited almost the entire six months so my fiancé could organize her life.  Many others are ready to enter the US a day after getting the visa.  As to the AOS, will you be able to meet the financial requirements of the I864?  If not, you will need to get a financial co-sponsor and if you already have one, maybe you can ask them for a loan to file the AOS.

 

Good Luck!