How late is too late for AOS?

[HavenevaH 2]

Hi, 

 

My fiancé arrived on February 15th 2018, and we were just married on April 22nd. 

 

I knew that the next step was to file for Adjustment of Status, but i was under the misassumption that there wasn’t a strict time limit to do this, although I wanted to do it as soon as possible. 

 

Life happens,... a new position at work, a death in my family, trying to save the money for AOS, etc.. just literally haven’t had time to sit down and get the paperwork started until now. 

 

So I finally gathered my wits and will be working on this now until it’s finished and turned in. 

 

However, I have several questions and I need help being pointed in the right direction. 

 

My wife’s K-1 status expired 4 days ago. 

I called USCIS yesterday for questions about the AOS, (again under the assumption I had time to apply) and they informed me that I should have applied before the 90 days, and that she is now out of status. Which of course worries me. 

 

My my main question is are we doomed and is she de-portable now?

 

Also, we just got married, so we want to get her name changed.. but found out also yesterday that they check I-94 along with Marriage Cert at the Social Security office to do this.. and I-94 is now 4 days expired also. 

 

Lastly, since I-94 is expired, no social security number, and we have to wait for EAD for her to work. I have no idea how long this takes. 

 

I realize that some of my unpreparedness was because I had put AOS, etc on the back burner.. which was a mistake. But this process is also very confusing. 

 

If if anyone could reach out to answer my questions, and point us in the right direction, I would be very grateful. 

 

Thanks so much

[mindthegap 2,599]

Edit - didn't realise you were a K1. 

 

Edited May 19, 2018 by mindthegap

[Alabamak1 688]

yes, she is out of status. you can still do AOS and still file immediatly. Now you will have to wait for EAD to get SS# since you waited to do everything else. good luck

[HavenevaH 2]

@Alabamak1

 

Thanks for the reply.

 

How long does the EAD and travel authorization usually take to receive, once everything is applied for? 

Edited May 19, 2018 by HavenevaH

[Alabamak1 688]

Just now, HavenevaH said:

@Alabamak1

 

How long does the EAD and travel authorization usually take to receive, once everything is applied for? 

its taking around 5-6 months currently for EAD

[Cyberfx1024 7,980]

1 hour ago, HavenevaH said:

Hi, 

My fiancé arrived on February 15th 2018, and we were just married on April 22nd. 

I knew that the next step was to file for Adjustment of Status, but i was under the misassumption that there wasn’t a strict time limit to do this, although I wanted to do it as soon as possible. 

Life happens,... a new position at work, a death in my family, trying to save the money for AOS, etc.. just literally haven’t had time to sit down and get the paperwork started until now. 

So I finally gathered my wits and will be working on this now until it’s finished and turned in. 

However, I have several questions and I need help being pointed in the right direction. 

My wife’s K-1 status expired 4 days ago. 

I called USCIS yesterday for questions about the AOS, (again under the assumption I had time to apply) and they informed me that I should have applied before the 90 days, and that she is now out of status. Which of course worries me. 

My my main question is are we doomed and is she de-portable now?

Also, we just got married, so we want to get her name changed.. but found out also yesterday that they check I-94 along with Marriage Cert at the Social Security office to do this.. and I-94 is now 4 days expired also. 

Lastly, since I-94 is expired, no social security number, and we have to wait for EAD for her to work. I have no idea how long this takes. 

I realize that some of my unpreparedness was because I had put AOS, etc on the back burner.. which was a mistake. But this process is also very confusing. 

If if anyone could reach out to answer my questions, and point us in the right direction, I would be very grateful. 

 

Thanks so much

When did you get married before or after the 90 day mark? She can start using her married name immediately and you don't need to wait on anything to do that. 

You will not be able to get a ssn now until you get the EAD, that should have been one of the first things y'all did when she arrived. 

 

You can file the AOS at any point right now and won't have a problem doing it. Just know that she is out of status right now and thus exportable if caught, it is highly unlikely but it can happen. There have been people on here who didn't file for 5 years and still got approved.

 

The timeframe from AOS submission to receiving the AP/EAD is taking roughly 4-5 months right now.

Edited May 19, 2018 by cyberfx1024

[HavenevaH 2]

@cyberfx1024

 

Thanks a lot for your reply. 

 

We got married before the 90 day mark, which I knew had to be done. I was just misinformed about starting AOS before 90 day mark also. 

 

But it’s my fault for dropping the ball at the end of the day, especially with the Social Security Card. 

 

We are going to file for AOS within the next week or so. I think we’re ok waiting for EAD, and AP.. hopefully they come around the same time. 

 

My main fear was just that she was in some immediate danger of being deported or something. 

 

After going through the wait for the first part of this process to finally be together, the last thing I want is to have to be apart again. 

 

Is is there a page on this website that lists specifics about AOS, such as forms needed, extra tips for easier processing , etc? Like there was for I-129f?

 

i have a list of forms and things I need, but I want to make sure I don’t miss anything. Also, wanting to try to find answers to any evidential things I may need to send. 

 

Thanks again!

[Crazy Cat 42,131]

50 minutes ago, HavenevaH said:

@cyberfx1024

 

Thanks a lot for your reply. 

 

We got married before the 90 day mark, which I knew had to be done. I was just misinformed about starting AOS before 90 day mark also. 

 

But it’s my fault for dropping the ball at the end of the day, especially with the Social Security Card. 

 

We are going to file for AOS within the next week or so. I think we’re ok waiting for EAD, and AP.. hopefully they come around the same time. 

 

My main fear was just that she was in some immediate danger of being deported or something. 

 

After going through the wait for the first part of this process to finally be together, the last thing I want is to have to be apart again. 

 

Is is there a page on this website that lists specifics about AOS, such as forms needed, extra tips for easier processing , etc? Like there was for I-129f?

 

i have a list of forms and things I need, but I want to make sure I don’t miss anything. Also, wanting to try to find answers to any evidential things I may need to send. 

 

Thanks again!

There have been a few posts in recent memory which stated that ICE agents had warned them...I would agree with above posts to file AOS as soon as possible.  At that point, yur spouse will be in "authorized stay" status.........good luck...

[HavenevaH 2]

Thanks missileman

[geowrian 22,338]

How late is too late? Once they open removal proceedings or they have an order of deportation. Until then, you can file for AOS still, and doing so will put you into a state of authorized stay.

[JFH 12,191]

Theoretically she is out of status and can be deported. In reality, that's very unlikely to happen. ICE are not focusing their limited resources and manpower on law-abiding spouses of USCs who are a few days late filing for AOS when there are more serious breaches of immigration law going on. 

[HavenevaH 2]

Thanks guys. 

 

That makes sense and makes me feel better. I’m going to get this done as soon as possible. 

 

 

[Cathi 5,783]

5 hours ago, HavenevaH said:

Hi, 

 

My fiancé arrived on February 15th 2018, and we were just married on April 22nd. 

 

I knew that the next step was to file for Adjustment of Status, but i was under the misassumption that there wasn’t a strict time limit to do this, although I wanted to do it as soon as possible. 

 

Life happens,... a new position at work, a death in my family, trying to save the money for AOS, etc.. just literally haven’t had time to sit down and get the paperwork started until now. 

 

So I finally gathered my wits and will be working on this now until it’s finished and turned in. 

 

However, I have several questions and I need help being pointed in the right direction. 

 

My wife’s K-1 status expired 4 days ago. 

I called USCIS yesterday for questions about the AOS, (again under the assumption I had time to apply) and they informed me that I should have applied before the 90 days, and that she is now out of status. Which of course worries me. 

 

My my main question is are we doomed and is she de-portable now?

 

Also, we just got married, so we want to get her name changed.. but found out also yesterday that they check I-94 along with Marriage Cert at the Social Security office to do this.. and I-94 is now 4 days expired also. 

 

Lastly, since I-94 is expired, no social security number, and we have to wait for EAD for her to work. I have no idea how long this takes. 

 

I realize that some of my unpreparedness was because I had put AOS, etc on the back burner.. which was a mistake. But this process is also very confusing. 

 

If if anyone could reach out to answer my questions, and point us in the right direction, I would be very grateful. 

 

Thanks so much

The K-1 visa is a single entry visa and expired the day your fiance entered the country.

 

Just make sure you file ASAP as your spouse is now out of status. Good luck.

[Sunnyland 639]

Follow the guide for AOS from K1 visa. Download forms to fill out from USCIS website directly. You want to start doing AOS as soon as possible.

 

http://www.visajourney.com/content/k1k3aos

Edited May 19, 2018 by Sunnyland

[HavenevaH 2]

Thanks Sunnyland! 

 

She he had the medical tests in Juarez before her interview, but no vaccinations at that time. 

 

So, I suppose the I-693 is where I need to start.

 

Then get the whole package of forms sent as soon as possible.