How late is too late?

[sativo 3]

My K1 fiancee arrived in the States in Jan 2017 and we got marred before her 90 day visa expired. We wanted to file for an AOS but her daughter (here on a K2) did not have all of her immunization shots.

 

The shots will take time to deliver. She received her first dose of shots a few months ago, then a second dose a month after, and now we need to wait several months before the final dose.

 

We didn't want to file until everything was in order but that was probably a mistake.

 

Is still ok to file for the AOS?

 

If so, how long does is the process taking these days?

 

Also, what if we get called in for the interview prior to getting all of her daughters immunization shots ready?

 

Thank you,

Sativo

[Dashinka 24,259]

There is no deadline to file the AOS after a K1 marriage, but most will recommend doing it very soon after the wedding to minimize the accrual of unauthorized stay, and to get the process started such as getting the EAD/AP and GC asap.  I haven't been following the processing times lately, but I believe they are taking about 90 days for the EAD/GC and a year for the GC for the K1, I have no idea for the K2 child.

 

That being said, it is alright to get everything in order, then file, any unauthorized stay will be forgiven applications are filed.  Just don't wait too long.

 

Good Luck!

Edited July 5, 2017 by Bill & Katya

[sativo 3]

Thanks so much for the reply!

 

BTW, I've heard the green card she gets is only valid for 2 years. Then we have to go through yet another process. Is this true?

[Georgia16 2,858]

Apply for them both now time will go and at least they will get EAD/AP both of them.

 

The medical for the daughter will give you an RFE but often they will just ask you to bring to to the interview (if you get one) and that can sometimes take a year to get. 

 

 

[Georgia16 2,858]

11 minutes ago, sativo said:

Thanks so much for the reply!

 

BTW, I've heard the green card she gets is only valid for 2 years. Then we have to go through yet another process. Is this true?

Yes that is true. When the 2 year GC expires (90 days before) then you apply for ROC so they can get their 10 year GC. 

If the child applies with the mother for AOS there will be a discount for the AOS fee.

Then when it's time for ROC their GC will expire about the same time and then the child can do ROC with the mother and therefore you don't have to pay a ROC fee for the child.

[sativo 3]

Ok, thanks everyone!

[Boiler 45,153]

How was the K2 issues with being compliant on jabs?