Does the "90 Day" rule apply for AOS through K1?

[Brittani 484]

My fiance emailed me today asking why it throws a red flag if we were to apply for adjustment of status through a K1 visa after we have married before 90 days of him entering the US....he will be arriving at the end of this month or beginning of July and we plan on marrying early August. Well, we were going to apply for AOS immediately of getting married like within a week or two. I read up about the "90 day rule" but from what I understand it's if you come to the US on a tourist visa or some type of strictly non immigrant intent visa with tourist/temporary intent ONLY, get married then apply for AOS while still here and all this was done within 90 days of entry.

 

My assumption is this doesn't apply to K1 visa because it's a dual intent visa with the intent of immigration from the get go. I know applying for AOS after 90 days as long as we're married is fine but my question is will we be ok applying before the 90 days of his entry? He obviously wants to work asap so we want to do the AP/EAD with it and waiting 90 days to apply will be a good bit of a delay for our personal plans. I know this is probably a dumb question but the immigration process is scary and you never know where a Lupoll could be lurking to delay it. I love knowing everything I can possibly know to protect us in the future. Plus, I'm sure somewhere in the future some poor ignorant soul (just like myself at this point) will be looking for this same answer and come across this thread.

 

Thanks in advance!

[yuna628 9,678]

14 minutes ago, Brittani said:

My fiance emailed me today asking why it throws a red flag if we were to apply for adjustment of status through a K1 visa after we have married before 90 days of him entering the US....he will be arriving at the end of this month or beginning of July and we plan on marrying early August. Well, we were going to apply for AOS immediately of getting married like within a week or two. I read up about the "90 day rule" but from what I understand it's if you come to the US on a tourist visa or some type of strictly non immigrant intent visa with tourist/temporary intent ONLY, get married then apply for AOS while still here and all this was done within 90 days of entry.

 

My assumption is this doesn't apply to K1 visa because it's a dual intent visa with the intent of immigration from the get go. I know applying for AOS after 90 days as long as we're married is fine but my question is will we be ok applying before the 90 days of his entry? He obviously wants to work asap so we want to do the AP/EAD with it and waiting 90 days to apply will be a good bit of a delay for our personal plans. I know this is probably a dumb question but the immigration process is scary and you never know where a Lupoll could be lurking to delay it. I love knowing everything I can possibly know to protect us in the future. Plus, I'm sure somewhere in the future some poor ignorant soul (just like myself at this point) will be looking for this same answer and come across this thread.

 

Thanks in advance!

You may file for AOS as soon you'd like after you marry. You'll need to have your marriage certificate back and ready to be able to file for it of course. It doesn't matter if you marry on day 5 and apply for AOS on day 10 after arrival in the US... the K1 is technically used as soon as the fiancé crosses the border (it's the I-94 that grants 90 days of stay). If working is a priority, I'd suggest getting the fiancé's SSN before marriage, soon after arriving in the US. That way he'll have it set up to go when he gets the EAD and is looking for work. There's no time limit really, so long as you marry before the 90 days are up. Some people file AOS as soon as possible after marriage, and some wait for months or even years.

 

Be advised, the EAD has been taking longer than 90 days to arrive in some cases.

Edited June 2, 2018 by yuna628

[Dashinka 24,539]

I don’t believe the so called 90 day rule applies to an AOS from a K1.  We filed ours about a month after the marriage.

 

Good Luck!

[Wuozopo 4,293]

36 minutes ago, Brittani said:

Well, we were going to apply for AOS immediately of getting married like within a week or two.

Do it. That's a great plan. There are no red flags. The only 90 day rule you have to worry about is marry before 90 days.

And don't be so afraid. This doesn't have to be scary. It is just a process full of paperwork and waiting.

File, then get on with everyday life together. 

 

24 minutes ago, yuna628 said:

It doesn't matter if you marry on day 5 and apply for AOS on day 10 after arrival in the US.

😄Almost exactly what we did, except filing AOS was about Day 8.

 

Britanni-- you should start filling out the AOS forms now and learning all the information. Go read the AOS forums so you know what people did wrong so you won't make the same mistakes. 

 

 

[Brittani 484]

2 minutes ago, Wuozopo said:

Do it. That's a great plan. There are no red flags. The only 90 day rule you have to worry about is marry before 90 days.

And don't be so afraid. This doesn't have to be scary. It is just a process full of paperwork and waiting.

File, then get on with everyday life together. 

 

😄Almost exactly what we did, except filing AOS was about Day 8.

 

Britanni-- you should start filling out the AOS forms now and learning all the information. Go read the AOS forums so you know what people did wrong so you won't make the same mistakes. 

 

 

I keep telling myself not to be afraid because we are as legit as it could get and have nothing to worry about. I'll feel so much better a few years down the road when we can break up with USCIS.

 

I most definitely will do that. As soon as my fiance gets here I'm going to start filling out practice ones, etc... Do you have any tips for applying for AOS after the K1?

[Dutchster 1,107]

There is no timeline when to file AOS. As long as you marry within the 90 days given, you have fulfilled the purpose of the visa. 

However, it is advisable to file within the 90 days to remain legal status. There is nothing wrong with filing later. The only issue is that the K-1 holder will be out-of-status, technically deportable and if you wait too long (+1 year), the applicant has to redo his/hers medical. That's all. 

[Rusty72 68]

33 minutes ago, Brittani said:

I keep telling myself not to be afraid because we are as legit as it could get and have nothing to worry about. I'll feel so much better a few years down the road when we can break up with USCIS.

 

I most definitely will do that. As soon as my fiance gets here I'm going to start filling out practice ones, etc... Do you have any tips for applying for AOS after the K1?

Yes feels very good when you get the naturalization certificate in your hands. 

I just finished it all. Get your stuff done on time but it's more important to file right (all the paperwork done right and evidence there) than to worry about an unwritten rule.

 

 

[Brittani 484]

Thanks everyone for responding. My fiance doesn't actually use visajourney. I'm the one who looks in depth into stuff. He just asked me and I couldn't really find anything about it not the pertained to the K1/AOS process and as always you guys come through and clarify things.

 

I know we're just at the beginning of our journey but I try to learn as much as possible to avoid like some of you mentioned making mistakes when filing.

[Mrsjackson 300]

1 hour ago, Dutchster said:

There is no timeline when to file AOS. As long as you marry within the 90 days given, you have fulfilled the purpose of the visa. 

However, it is advisable to file within the 90 days to remain legal status. There is nothing wrong with filing later. The only issue is that the K-1 holder will be out-of-status, technically deportable and if you wait too long (+1 year), the applicant has to redo his/hers medical. That's all. 

Do you know of anyone who has been deported because they didn’t file AOS within 90 days? I wasn’t aware not filing made the immigrant “technically deportable” I thought of you fulfilled the marriage within 90 days requirement you were set. 

[Brittani 484]

5 minutes ago, Mrsjackson said:

Do you know of anyone who has been deported because they didn’t file AOS within 90 days? I wasn’t aware not filing made the immigrant “technically deportable” I thought of you fulfilled the marriage within 90 days requirement you were set. 

No, I was just stating my own personal fear probably totally irrational  which is why I always like to ask on here for clarification and peace of mind.

 

***Never mind lol thought you were asking me****

Edited June 3, 2018 by Brittani

[TNJ17 1,329]

Get married within 90 days. File for AOS whenever. My advice is marry ASAP, file for AOS ASAP. We had all of our AOS paperwork filled out and ready to go before even entering the US. Got SSN, got married, and literally a day after we received the marriage certificate in the mail we sent AOS because we were just ready to go since we had already filled out all the forms. 

[Redheadguy03 505]

53 minutes ago, Brittani said:

No, I was just stating my own personal fear probably totally irrational  which is why I always like to ask on here for clarification and peace of mind.

 

***Never mind lol thought you were asking me****

I'm sure it's happened, but isn't likely. I'd recommend getting married asap though. The AOS process is taking longer and longer and it's better to get started now. 

Edited June 3, 2018 by Redheadguy03

[Loren Y 2,755]

I'm with everyone that says soon as possible. My fiancee and I land at LAX at 9:30am, figure be thru customs and immigration by 11:30am, there is a Office Depot at 8900 S Sepulveda Blvd , about 1.2 miles from the airport. Stop there to print the I94 needed for the social security office. Already have the application filled out for the SS Office, I printed it online, drive to the Social Security office that is about 2 miles from office depot at 230 E Spruce Ave, Inglewood, CA 90301 , hopefully be there right after lunch say 1pm. Get social security card in Maiden Name ordered, hopefully be out of there by say 3pm or so. Roll out of Los Angeles before 5pm if things go as planned, make it back to Las Vegas, NV by say 7pm, maybe 8. pick up marriage license by 9pm that night, go get married downstairs at courthouse before they close at Midnight ( Used to be 24 hours a day, but Brittany Spears screwed that up for everyone LOL). Get back to my house by midnight or so, or I might get a cheap room downtown at the golden nugget or The D. Spend that night laying" the D " down ( LOL have to consummate the marriage) pick up Marriage certificate around 10-11am the next morning after checkout ( It's available next day for pickup if you get married at the courthouse, 15.00 each, I'l probably grab about 3 copies? any suggestions on number of certified copies to get?) Then off to the Las Vegas Social Security office at 4340 N Simmons St, North Las Vegas, NV 89032  around 1-2 pm. It's a small local office in North Las Vegas, so not very busy hopefully out of that office after ordering Social Security card in her Married name now by 3pm. Load up everything else needed in the already filled out AOS packet, sign and date and have at the post office by the 5pm cutoff for next day express mail. Then back to my house to unpack and not do anything for the next week to recover from the last 48 hours of madness. My plan is to have my AOS packet delivered within 72 hours of coming thru point of entry. I'm thinking go big or go home! Like Larry the cable guy says " Git it done!!!!" or am I being too optimistic?

Edited June 3, 2018 by Loren Y

[ZKT 118]

1 hour ago, Loren Y said:

I'm with everyone that says soon as possible. My fiancee and I land at LAX at 9:30am, figure be thru customs and immigration by 11:30am, there is a Office Depot at 8900 S Sepulveda Blvd , about 1.2 miles from the airport. Stop there to print the I94 needed for the social security office. Already have the application filled out for the SS Office, I printed it online, drive to the Social Security office that is about 2 miles from office depot at 230 E Spruce Ave, Inglewood, CA 90301 , hopefully be there right after lunch say 1pm. Get social security card in Maiden Name ordered, hopefully be out of there by say 3pm or so. Roll out of Los Angeles before 5pm if things go as planned, make it back to Las Vegas, NV by say 7pm, maybe 8. pick up marriage license by 9pm that night, go get married downstairs at courthouse before they close at Midnight ( Used to be 24 hours a day, but Brittany Spears screwed that up for everyone LOL). Get back to my house by midnight or so, or I might get a cheap room downtown at the golden nugget or The D. Spend that night laying" the D " down ( LOL have to consummate the marriage) pick up Marriage certificate around 10-11am the next morning after checkout ( It's available next day for pickup if you get married at the courthouse, 15.00 each, I'l probably grab about 3 copies? any suggestions on number of certified copies to get?) Then off to the Las Vegas Social Security office at 4340 N Simmons St, North Las Vegas, NV 89032  around 1-2 pm. It's a small local office in North Las Vegas, so not very busy hopefully out of that office after ordering Social Security card in her Married name now by 3pm. Load up everything else needed in the already filled out AOS packet, sign and date and have at the post office by the 5pm cutoff for next day express mail. Then back to my house to unpack and not do anything for the next week to recover from the last 48 hours of madness. My plan is to have my AOS packet delivered within 72 hours of coming thru point of entry. I'm thinking go big or go home! Like Larry the cable guy says " Git it done!!!!" or am I being too optimistic?

let us know how that goes for you. we want to also do all the paperwork and process till submitting aos within the first 2-3 weeks of my arrival if possible.

[Naes 12,205]

1 hour ago, Loren Y said:

I'm with everyone that says soon as possible. My fiancee and I land at LAX at 9:30am, figure be thru customs and immigration by 11:30am, there is a Office Depot at 8900 S Sepulveda Blvd , about 1.2 miles from the airport. Stop there to print the I94 needed for the social security office. Already have the application filled out for the SS Office, I printed it online, drive to the Social Security office that is about 2 miles from office depot at 230 E Spruce Ave, Inglewood, CA 90301 , hopefully be there right after lunch say 1pm. Get social security card in Maiden Name ordered, hopefully be out of there by say 3pm or so. Roll out of Los Angeles before 5pm if things go as planned, make it back to Las Vegas, NV by say 7pm, maybe 8. pick up marriage license by 9pm that night, go get married downstairs at courthouse before they close at Midnight ( Used to be 24 hours a day, but Brittany Spears screwed that up for everyone LOL). Get back to my house by midnight or so, or I might get a cheap room downtown at the golden nugget or The D. Spend that night laying" the D " down ( LOL have to consummate the marriage) pick up Marriage certificate around 10-11am the next morning after checkout ( It's available next day for pickup if you get married at the courthouse, 15.00 each, I'l probably grab about 3 copies? any suggestions on number of certified copies to get?) Then off to the Las Vegas Social Security office at 4340 N Simmons St, North Las Vegas, NV 89032  around 1-2 pm. It's a small local office in North Las Vegas, so not very busy hopefully out of that office after ordering Social Security card in her Married name now by 3pm. Load up everything else needed in the already filled out AOS packet, sign and date and have at the post office by the 5pm cutoff for next day express mail. Then back to my house to unpack and not do anything for the next week to recover from the last 48 hours of madness. My plan is to have my AOS packet delivered within 72 hours of coming thru point of entry. I'm thinking go big or go home! Like Larry the cable guy says " Git it done!!!!" or am I being too optimistic?

SSN with her married name may give some hard time. They tend to not give it if the name on I-94 doesn’t match. I would check on that. And it may also be too soon for SSN (in order for them to get information online) I would give it at least 2 days.

 

Just be careful with jet lag and filling out papers combination

..

Edited June 3, 2018 by Naes