How long do I have?

[MrMrsKnight 0]

So, David and I got married on April 17th!!! YAY!

Now it`s time to file for AOS, I know.... but I want to know if I really only have till May 11th (90 day mark) to do it. I asked my parents to send my birth certificate + english translation to me and it`ll probably take a couple of weeks till I get those in the mail. Also, we`re kinda tight this month because of the wedding expenses, moving, and all.... so we`d rather wait a few weeks to save some money. I think the AOS has nothing to do with the 90 day mark (which is when you have to be married), but I just want to make sure I`m not screwing everything up!

Oh, one more question while I`m at it..... do I have to file for EAD? Would I not be able to work if I only had my green card?

Thank you guys!

[ready4ONE 5,400]

As long as you got married in the 90 day time frame, you are correct that you can wait to file for AOS beyond that 90 day time frame. Congratulations on the marriage by they way! But keep in mind there is a substantial fee increase coming at some point (not sure how soon but could be later this year.)

As to filing for EAD or not, if you think you want to work, it is a good idea to spend the extra cash on the EAD. Your AOS may go quickly or take forever, and if you do not file for the EAD you could be stuck not working for a very long time, years even!

Good luck on your journey! We are filing this weekend for AOS and EAD.

[MrMrsKnight 0]

Thank you for your quick response!

That`s what I thought. I wanted to make sure I had it all right though. If I don`t have to file for EAD, I wont, since I`m already making some money helping out at Dave`s brother`s pizza place. Nothing official, just family business.... hehe

We`ll file this month.... but it makes me feel better it doesn`t have to be by the 11th! Thanks!!

[no name 1]

If I don`t have to file for EAD, I wont, since I`m already making some money helping out at Dave`s brother`s pizza place. Nothing official, just family business.... hehe

Hey, I wouldn't be advertising that illegal work here...just my .02.

[chelben 0]

congrats on the weddings

[KarenCee 3]

Thank you for your quick response!

That`s what I thought. I wanted to make sure I had it all right though. If I don`t have to file for EAD, I wont, since I`m already making some money helping out at Dave`s brother`s pizza place. Nothing official, just family business.... hehe

We`ll file this month.... but it makes me feel better it doesn`t have to be by the 11th! Thanks!!

That's still considered employment. Technically speaking some will tell you that the K1 is temporarily authorised to work for the first 90 days upon arrival in the States. After that 90 days you have to be work authorised. So if you want to work for Dave's brother past the 90 day mark you will need the EAD. Not everyone's AOS gets approved quickly. Another way to view this...the EAD is like insurance....there if you need it.

BTW....Congratulations on the wedding!!!!!!!!

Edited May 4, 2007 by KarenCee

[Mags 112]

If you don't file for AOS within the 90 day mark you will be considered out of status. However, once you file for AOS this will be "forgiven".

[bora bora 1]

Congratulations!

I know that AOS is expensive, but I'd try to file as soon as you can. I know the non-USCs are not out of status, but they're not residents either. I want my husband to have residency here and he wants a job.

Good luck.

[Ta Ta 1]

Also remember the AOS fee will increase tremendously ! So don't wait too long.

Fiscal year October is the last I heard.

[MrMrsKnight 0]

Thanks everyone!

I`m still gonna file this month, I just wanted to know if it had to be by the 11th, that`s all

[RosaMystica7 0]

I just wanted to thank everyone for the answers, too. We were just gonna get the AOS paperwork together and... I lost my job. I sorta need a job to fill out the I-864. So. Hmm. Guess that means we need to wait a bit longer before we file, we had really wanted to get it done quickly since we know it can take a while but... ah well. I was just getting a little worried since it's been a month and a half since he entered the country. Time does fly on this end of the visa process, it doesn't feel like it's been a month and a half!

Edited May 6, 2007 by Angilla

[Mags 112]

I know the non-USCs are not out of status, but they're not residents either.

Actually, they are classed as being out of status. It's just that it's something that tends to be forgiven by USCIS once you do file for AOS.