Stuck at a crossroad

[Tarika Smith 6]

good evening all. I have a simple question. What do we do first, AOS or marriage? 

[payxibka 10,047]

17 minutes ago, Tasha Smith said:

good evening all. I have a simple question. What do we do first, AOS or marriage? 

You don't give us much to go on.

 

What is the aliens current status?

 

Typically it is marriage otherwise the alien has no basis to adjust status

[geowrian 22,338]

Assuming your timeline is accurate, I'm going to assume the beneficiary came / is coming on a K-1 visa. As such, you must marry within 90 days and then file for AOS.

[Boiler 45,952]

First thing would be to 

[Unlockable 7,315]

1 hour ago, Tasha Smith said:

good evening all. I have a simple question. What do we do first, AOS or marriage? 

 

If you are doing the K1, as your timeline indicates, you can't adjust status (AOS) until AFTER you are married. Also, you have to marry INSIDE THE US.

 

Please educate yourself on the process so you don't have any problems with your case. Here are some good links...

 

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/k1flow

http://www.visajourney.com/content/k1tips

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

 

[Tarika Smith 6]

48 minutes ago, geowrian said:

Assuming your timeline is accurate, I'm going to assume the beneficiary came / is coming on a K-1 visa. As such, you must marry within 90 days and then file for AOS.

Yes he will be here in June’s on a k-1 visa. I know we need to marry but wasn’t sure if that was before AOS. I’m very new to this process and I’m confused with the timeline which is why it’s not updated 

[Tarika Smith 6]

13 minutes ago, NuestraUnion said:

 

If you are doing the K1, as your timeline indicates, you can't adjust status (AOS) until AFTER you are married. Also, you have to marry INSIDE THE US.

 

Please educate yourself on the process so you don't have any problems with your case. Here are some good links...

 

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/k1flow

http://www.visajourney.com/content/k1tips

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

 

Thanks 

[TBoneTX 45,959]

A noncontributory post has been removed.

[Tarika Smith 6]

Hello all. I’m in desperate need of advice and answers. I’m trying so hard not to get a lawyer involved because they just want a lot of money. My husband and I recently married this past Friday. 

1. His visa expires 9/7/2018. Now that we’re married do he still have to leave before we can file a AOS?

2. Can he get a work permit on his K1visa now that we’re married? He need a job badly 

we are located in Md. can we go to the immigration office to get some things done? 

[Roel 7,193]

7 minutes ago, Tarika Smith said:

Hello all. I’m in desperate need of advice and answers. I’m trying so hard not to get a lawyer involved because they just want a lot of money. My husband and I recently married this past Friday. 

1. His visa expires 9/7/2018. Now that we’re married do he still have to leave before we can file a AOS?

2. Can he get a work permit on his K1visa now that we’re married? He need a job badly 

we are located in Md. can we go to the immigration office to get some things done? 

So first of all it looks like you did 0 research about k1 visa and AOS.. 

 

1. No. He cannot leave. If he leaves, he cant come back. He cannot leave US without travel permit or green card. 

 

2. Follow the AoS guide and include forms for work and travel permit. You do not go to any immigration offices. You send out paperwork and the fee and you wait. Your husband needs to wait about 3 to 6 months for work permit and 12 to 14 months for green card. 

 

Check the guides section and i485 form. 

[p-ana 933]

If he came on a k1 and got married to the petitioner within the allotted 90 days, he should file for his aos with his employment authorization and advance parole. It’s all mailed out and there are no appointments at the office to file.

Technically he could apply for an employment authorization before aos but it’s a waste of time and money since it could only be granted until his 90 days were up and it’s taking about 6 months to get that.

 

I suggest you go through the guides and the k1 flow chart here at vj. At this point you shouldn’t be in a crossroad. You should get all the info and be prepared for what’s to come.

 

good luck

[Larindra 9]

He does not have to leave. File AOS as soon as possible. Include Form I-765 for the work permit and also I-131 just in case you need to travel. 

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

 

[Tarika Smith 6]

15 minutes ago, Roel said:

So first of all it looks like you did 0 research about k1 visa and AOS.. 

 

1. No. He cannot leave. If he leaves, he cant come back. He cannot leave US without travel permit or green card. 

 

2. Follow the AoS guide and include forms for work and travel permit. You do not go to any immigration offices. You send out paperwork and the fee and you wait. Your husband needs to wait about 3 to 6 months for work permit and 12 to 14 months for green card. 

 

Check the guides section and i485 form. 

Actually I have researched and I get a lot of conflicting answers like I’m receiving now. The process is confusing but thanks..

[Unlockable 7,315]

30 minutes ago, Tarika Smith said:

Hello all. I’m in desperate need of advice and answers. I’m trying so hard not to get a lawyer involved because they just want a lot of money. My husband and I recently married this past Friday. 

1. His visa expires 9/7/2018. Now that we’re married do he still have to leave before we can file a AOS?

2. Can he get a work permit on his K1visa now that we’re married? He need a job badly 

we are located in Md. can we go to the immigration office to get some things done? 

Unfortunately, you have a lot of research to do. Seems like you are going through this blindly. @Roel has already given you good advice on how to proceed. You need to file for Adjustment of Status (AOS) for him before he is even allowed to work. Now here comes the bad news. Adjustment of status cost $1225 to file, requires more evidence for you to provide, and is taking 7 - 9 months or more to complete. Also, work authorization after a person files for AOS is currently taking several months (roughly 4 - 5 months). This is a long time to be out of work for someone who, as you put it, "need a job badly". He can attempt to file for expedite, but that is mostly based on if he has a job offer.

 

Basically, the faster he can apply for AOS, the faster he can do things like work and travel.

 

I strongly encourage you to review ALL of the steps of your husband's process from now until citizenship. The resources are available here and on the USCIS's websites. This way, in the future, you won't be caught in a bind like you are now.

 

Best of luck to you.

 

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/k1flow

http://www.visajourney.com/content/k1tips

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

 

Edited August 13, 2018 by NuestraUnion

[Tarika Smith 6]

Thank you. This whole process is confusing. Ur I was not trying to give a lawyer $4000 to mail off paperwork and do the work for me. I just come here for questions. I don’t really understand any of this