K1 fiance in the USA

[dmoonsluv 55]

Pls guys I have a Question,  my fiance came into the country about 3 months ago and we got married shortly after.  Is there a time window as to when I can petition for her to adjust her status?  3months from her date of entry will be in a week.

[Going through 5,671]

There is no minimum time you have to wait before filing the AOS paperwork.

[Peot 161]

I think the reason you might be asking is because many people suggest filing for AOS before your fiance's I-94 expires (which would be 90 days). This isn't true. There's no time limit but your fiance WILL be technically overstaying on their entry visa.

 

Once the AOS stage starts the overstay is forgiven as it's a non-issue. Clearly the overstay is on account of the adjustment of status.

 

Why would you want to file for AOS as soon as possible? Convenience! As a beneficiary myself I found it close to impossible to do some basic things such as building credit, getting a driver's license, buying a car, and so on without documentation. In fact once the 90 days hit, I was unable to obtain any of that. When you file for AOS you usually also file for EAD / AP and that gave me a work permit and travel permission early, I was able to get credit, renew my driver's license, and get a job. No more sitting around the house!

[dmoonsluv 55]

Thanks a lot for the prompt answers, I do appreciate it.  So basically I dont want to be in a rush.... I was going to wait till December before putting the documents in.. 

[geowrian 22,337]

As long as you married within the 90 days, you can AOS based on that marriage at any time.

After the 90 days from entry you would be unlawfully present in the US and subject to removal (although the likelihood of this occurring is low).

Once you file for AOS, you have a period of authorized stay while the application is pending. The overstay is not a bar for AOS as the spouse of a USC.

[Ontarkie 14,221]

~~Moved to AOS Family K1/K3, from K1 P&P - As the Op is on the next steps on the process.~~