How long after getting married do we wait for the adjustment of status

[zandtee 0]

Say someone gets their fiance visa they come to america and get married.  How long must they wait before applying for green card or adjustment of status? Also is there a deadline? What if they dont do it within 2 years? 

[ch3john 308]

You can file AOS right after you get married

No deadline so to speak but the sooner the better. Some people have waited a year or so until they have the funds for the fees

Two years is a bit excessive and not advisable 

[geowrian 22,337]

There is no waiting period...just when you get all the paperwork together (some states take a few days to get the marriage certificate and such).

 

For a K-1, you need to marry within 90 days. You can file for AOS (with that petitioner) at any point afterward....even years later. However, your legal status ends when your I-94 expires....90 days after entry. To avoid being out of status and deportable, you should file within the 90 days after entry. Once you file for AOS, you are granted authorized stay while your case is pending.

 

I would not suggest waiting 2 years to file for AOS. That seems pretty risky in the current environment. I suggest filing within the 90 days if at all possible.

[Unidentified 2,930]

Also to add to the above comments: remember that you will not be able to work and travel outside the US before you have applied for AOS as well as your work- and travel authorization. 

[Hypnos 6,577]

You can travel outside the US fine, you just can't re-enter after doing so. 

[zandtee 0]

nevermind sorry I am new to this process and this website.  I am doing a cr 1 visa not a k1 my mistakes and apologies everyone.  I got cr 1 and k1 confused 

Edited August 2, 2017 by jandtee

[Unidentified 2,930]

41 minutes ago, jandtee said:

nevermind sorry I am new to this process and this website.  I am doing a cr 1 visa not a k1 my mistakes and apologies everyone.  I got cr 1 and k1 confused 

You should update your profile. It says you are filing for a K3 visa which is obsolete. 

[geowrian 22,337]

59 minutes ago, jandtee said:

nevermind sorry I am new to this process and this website.  I am doing a cr 1 visa not a k1 my mistakes and apologies everyone.  I got cr 1 and k1 confused 

Ok. You said fiance visa and mentioned AOS. CR-1 is for a spouse and does not have AOS.

 

If you enter the US on a CR-1 visa, then you will get an I-551 stamp that acts as a temporary green card until the physical card arrives. Again, there is no AOS. If you enter the US on the CR-1 visa before your marriage's 2 year anniversary, then you will need to complete ROC. This must be filed within 90 days of the 2 year anniversary of becoming a permanent resident (entry on the CR-1 visa).

Edited August 2, 2017 by geowrian

[zandtee 0]

What's ROC? Is there an interview for that as well?

[geowrian 22,337]

Just now, jandtee said:

What's ROC? Is there an interview for that as well?

Removal of Conditions. Yes, there's an interview involved. It's where you will need to show that the marriage is bona fide (again), or if you get divorced, that the marriage was entered into in good faith.

http://www.visajourney.com/content/751guide

[Unidentified 2,930]

2 minutes ago, jandtee said:

What's ROC? Is there an interview for that as well?

First Green card you get is a conditional Green Card. 90 days before that card expires you need to file for Removal Of Conditions (ROC) and yes, that will be an interview as well unless you are lucky. 

[Sunnyland 639]

9 hours ago, Unidentified said:

First Green card you get is a conditional Green Card. 90 days before that card expires you need to file for Removal Of Conditions (ROC) and yes, that will be an interview as well unless you are lucky. 

 

 

Not all the people have interview at AOS or ROC. I guess I was lucky in both.