Timing of AOS filing

[MikeMc 38]

1 hour ago, adil-rafa said:

So,  if a person does not AOS, are they out of status 

and since they have no green card,  are they illegal?

we didn't have to do this so i am just curious

No.

They are not illegal, as long as marriage was done in the first 90 days of arrival. If you wait and dont file AoS right away, then they are stuck in loop hole and status is in limbo. They are not subject to deportation or considered here illegally.

 

Negatives:

if you dont file right away, your spouse can not work til they have the EaD or GC, nor can they leave the country and the timer wont start for them to become a USC. 

 

Everyones situation is different, but It's in your best interest to file asap. 

[Boiler 45,949]

1 minute ago, MikeMc said:

No.

They are not illegal, as long as marriage was done in the first 90 days of arrival. If you wait and dont file AoS right away, then they are stuck in loop hole and status is in limbo. They are not subject to deportation or considered here illegally.

 

Negatives:

if you dont file right away, your spouse can not work til they have the EaD or GC, nor can they leave the country and the timer wont start for them to become a USC. 

 

Everyones situation is different, but It's in your best interest to file asap. 

You are under the colour of law WHEN you file to adjust.

 

No filing no status after 90 days.

[MikeMc 38]

2 hours ago, Boiler said:

After 90 days if they have not filed to adjust they are out of status and deportable.

 

The 90 day part is part of the K-1 visa and pertains to marriage.

 

AOS has no time limit, but has negatives for not filing it soon.

[Boiler 45,949]

1 minute ago, MikeMc said:

 

The 90 day part is part of the K-1 visa and pertains to marriage.

 

AOS has no time limit, but has negatives for not filing it soon.

Yep

 

Being out of status. Well for most people that would be the biggie.

[Alabamak1 688]

This situation and question comes back often enough.

 

Do not wait to file for SS#, as soon as possible after POE.

Get the marriage license right away and do the whole enchilada in the courthouse with all needed for a marriage certificate

File for AOS, EAD and AP as soon as you can. 

 

Then do the ceremony and honeymoon and whatever suits you.  The more you wait, the longer people stress out about not having travel permit or work permit.  

[Jeanne Adil 1,651]

3 hours ago, MikeMc said:

 

The 90 day part is part of the K-1 visa and pertains to marriage.

 

AOS has no time limit, but has negatives for not filing it soon.

i wondered as about 6 months ago Tennessee had a roundup / any alien found without a green card (even though who did not know they had to card it all the time) were rounded up and taken to  detention center/ a person could hire a lawyer and prove here legally but it would be a lot cheaper to file the AOS 

[Dashinka 24,736]

5 hours ago, MikeMc said:

No.

They are not illegal, as long as marriage was done in the first 90 days of arrival. If you wait and dont file AoS right away, then they are stuck in loop hole and status is in limbo. They are not subject to deportation or considered here illegally.

 

Negatives:

if you dont file right away, your spouse can not work til they have the EaD or GC, nor can they leave the country and the timer wont start for them to become a USC. 

 

Everyones situation is different, but It's in your best interest to file asap. 

They may not be exactly “illegal”, but they are certainly out-of-status and deportable (another potential negative).  The positive is that it is a forgivable out-of-status condition once the AOS is actually filed.  There are always stories of couples that for whatever reason wait and file the AOS quite a long time after the 90 days expired and long after the actual marriage.  I know in our case we did not want that cloud hanging over my wife’s head so we filed ASAP and we even had to redo the medical exam.  Just for the record, back when we did it we were just about a year from when the visa was issued to when she received her GC and that was even with her using up over five months of the K1s validity before she actually entered the US.  AOSs with interviews were processing much faster back then.

[geowrian 22,338]

6 hours ago, MikeMc said:

No.

They are not illegal, as long as marriage was done in the first 90 days of arrival. If you wait and dont file AoS right away, then they are stuck in loop hole and status is in limbo. They are not subject to deportation or considered here illegally.

This is just factually incorrect. Overstaying any visa makes you out of status and subject to deportation if they want to pursue it. There is no "status is in limbo". They are unlawfully present in the US...if they stay in the US for 270 days or longer (90 days legal status + 180 days overstay)  and then leave the US without AP, they will have at least a 3 year bar due to the unlawful presence.

 

From a practical standpoint, they are unlikely to have deportation hearings started for a simple overstay, and are very unlikely to actually be deported when filing an I-485 would resolve the issue. An IJ would almost certainly tell them to file the I-485, granting an authorized stay.

[Christy&J 837]

9 hours ago, Alabamak1 said:

i dont recall the VJ member who literally got I-129F all the way to conditional GC in 7 months. It does happen, unless she/he was lying in her timeline 

 

9 hours ago, Boiler said:

I tend to ignore the outliers, who knows what happened, but there are general trends over the years, my year plus K1 was withing the norms of the time, as was a 60 day maybe less EAD.

I got my GC under 70days after AOS. 

See my timeline (nope not lying could send screenshot of USCIS form too) and I know several vjlers that got GC under 120days.

I think it is depends on your case and field office.

I am just trying to giving hope to anyone who lose hope of"AOS taking forever" 

 

 

 

[Alabamak1 688]

1 minute ago, Christy&J said:

 

I got my GC under 70days after AOS. 

See my timeline (nope not lying could send screenshot of USCIS form too) and I know several vjlers that got GC under 120days.

I think it is depends on your case and field office.

I am just trying to giving hope to anyone who lose hope of"AOS taking forever" 

 

 

 

Thanks for this, didn't want to look like i made this up or was dreaming while posting something in VJ. lol.   

[Ryan H 3,821]

Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.

[Crazy Cat 42,100]

18 hours ago, MikeMc said:

No.

They are not illegal, as long as marriage was done in the first 90 days of arrival. If you wait and dont file AoS right away, then they are stuck in loop hole and status is in limbo. They are not subject to deportation or considered here illegally.

 

Negatives:

if you dont file right away, your spouse can not work til they have the EaD or GC, nor can they leave the country and the timer wont start for them to become a USC. 

 

Everyones situation is different, but It's in your best interest to file asap. 

This is incorrect.  If a K-1 spouse does not file for Adjustment of Status before the expiration of his/her I-94 (90 days after arriving in the US), he/she is out of status....and he/she IS subject to deportation.  There have been members here who were visited by ICE because they did not AOS within 90 daya.

[Crazy Cat 42,100]

This is from https://www.hooyou.com/k-1/k-1-restrictions.html :  Zhang & Associates

 

"Marriage to the U.S. citizen petitioner must occur within 90 days of entering the United States of America in order to apply for an adjustment of status without the need for additional immigration filings. If the marriage and filing for adjustment of status do not occur within 90 days, the K-1 visa holder will be in unlawful status. ........"

Edited October 22, 2018 by missileman

[Dashinka 24,736]

13 minutes ago, missileman said:

This is from https://www.hooyou.com/k-1/k-1-restrictions.html :  Zhang & Associates

 

"Marriage to the U.S. citizen petitioner must occur within 90 days of entering the United States of America in order to apply for an adjustment of status without the need for additional immigration filings. If the marriage and filing for adjustment of status do not occur within 90 days, the K-1 visa holder will be in unlawful status. ........"

What amazes me is the number of stories we hear of someone filing the AOS 1-2 years after the wedding from a K1.  What the heck takes that long, and what is the immigrant spouse doing for that period (no driving, no working, not able to go back home, etc.).  To me it just seems anyone taking this journey should be responsible enough to research the process, understand the cost, and the consequences.  As @geowrian mentioned, if a K1 spouse is out-of-status, and detained by ICE, most likely an IJ would rule that they need to file the AOS immediately.  Why would anyone want their immigrant spouse to go through that.

[Crazy Cat 42,100]

2 minutes ago, Bill & Katya said:

What amazes me is the number of stories we hear of someone filing the AOS 1-2 years after the wedding from a K1.  What the heck takes that long, and what is the immigrant spouse doing for that period (no driving, no working, not able to go back home, etc.).  To me it just seems anyone taking this journey should be responsible enough to research the process, understand the cost, and the consequences.  As @geowrian mentioned, if a K1 spouse is out-of-status, and detained by ICE, most likely an IJ would rule that they need to file the AOS immediately.  Why would anyone want their immigrant spouse to go through that.

I agree. You are right.  The time between a K-1 marriage and Green Card is no piece of cake......I don't know why people want to continue that difficulty....