What is the Deadline to file for AOS?

[Chiara 0]

I came on a K-1 visa 2 weeks ago. I know we have to get married within 90 days of my arrival. We're certainly planning to do that in good timing, but we would like to file for AOS as late as possible because there are some financial things that we need to prepare before we file. How long do we have to file for AOS after we get married? 6 month? One year? We don't want it to expire, but also don't want it to be too soon. And one more question, will my status be legal between the expiration of K-1 and filing for AOS (providing I will be married before K-1 expires)?

Thanks!

[hcj 0]

Between the time that your 90 days are up and the time that you file for AOS, you will technically be overstaying and have no legal status. Having said that, they will not come looking for you to deport you or anything. At least, not unless you commit a crime or something.

If you accrue 180 days or more of overstay, you will not be able to leave the US until you successfully adjust your status and get your green card. If you leave before you get your GC, you may well find yourself stuck outside the US with a 3 or 10 year bar. That could be a really bad situation if something happened back home and you really need to travel.

So I guess the short answer is, to go by the book, you should file before the 90 days are up. If you can't make that deadline, do not accrue more than 180 days after that.

[scorpio232 0]

You need to marry within 90 days.. Then file the I-130.. That will buy you 3 months to file the AOS.. if you do not have everything filed within 6 months total.. you are illegal in the U.S.. Nothing is more important that your legal rights of being here... So, whatever you got going on you need to make it wait unless its rent.... Pay rent then pay for your AOS... Anything else going on in your life should wait or be replaced....

O

Edited March 24, 2006 by scorpio232

[Jasman0717 9]

File as soon as possible!

[MikeAndIryna 0]

What everyone said before is 100% correct, however, we got married w/i the 90 day period so we met the conditions of the K-1 portion and filed the AOS papers about 3 weeks after the actual K-1 expired (bad time of year at work - not excuse, but it happens). So far, we have had biomterics & rcvd AP and just waiting, waiting, waiting for the interview. It needs to be done in a timely fashion, like everyone said, but I wouldn't push filing too far past the expiratio bottom line. Good luck.

[zyggy 9]

What everyone said before is 100% correct, however, we got married w/i the 90 day period so we met the conditions of the K-1 portion and filed the AOS papers about 3 weeks after the actual K-1 expired (bad time of year at work - not excuse, but it happens). So far, we have had biomterics & rcvd AP and just waiting, waiting, waiting for the interview. It needs to be done in a timely fashion, like everyone said, but I wouldn't push filing too far past the expiratio bottom line. Good luck.

There is no financial situation (or really any situation) that is more important that you getting your permanent resident status. Get your priorities straight and file for AOS as soon as possible. If you have to borrow the money to pay for it, then do that...

[timinden 0]

We filed the AOS papers about 4 weeks after the K-1 visa expired and already received our first NOA. I know in the K-1 visa aplication #9 It says to "file promptly" after marriage.

[motu 6]

If you have a financial 'situation' you should try and get the Green card even faster - To help you find work (with the Green card you can work (also with an EAD)) - when he/she is working she can contribute to your financial situation. Are you too shortsighted to see that or is she/he not capable of working! This is America - everyone can and should work and make a better life for themselves. Good luck

[eau_xplain 2]

Then file the I-130.. That will buy you 3 months to file the AOS..

Unfortunately, filing the I-130 does not give you any legal status. You become out of status on the day your I-94 expires. You will only revert back to status once USCIS issues NOA1 (receipt) for your AOS application.

[Kajikit 65]

Don't listen to the panic-mongers... there is no definite date by which you HAVE to have filed for your AOS or they'll deny you. The only absolute requirement is that you marry within the 90 days. After that you have to file for AOS as soon as you can, but that doesn't mean run out and do it tomorrow... lots of people can't scrape together the money for a few months, or have to wait for their marriage certificate etc.

I'm getting tired of the panic-mongers who say that you HAVE TO FILE BEFORE YOUR I-94 EXPIRES. That's just plain not true. If it was I wouldn't be sitting here today with a green card in my hand. I arrived in November, married in December and planned to file for AOS after we got our tax return to pay for it in January... come Jan we filed our taxes and then my husband lost his job and we had to start again because he couldn't file the affidavit unemployed. By the time everything was sorted out and we were able to file it was April and I'd been out of status for three months. I worried about a lot of things, but I never worried about that and it wasn't an issue... nobody even asked why we filed late and I was approved without an interview.

The short answer is file as soon as you can manage to. For one thing, you can't get an EAD until you file for AOS and your partner can't work until they get the EAD! So the sooner you file for it the sooner you'll be able to become a two-income family...

[hcj 0]

Don't listen to the panic-mongers... there is no definite date by which you HAVE to have filed for your AOS or they'll deny you. The only absolute requirement is that you marry within the 90 days. After that you have to file for AOS as soon as you can, but that doesn't mean run out and do it tomorrow... lots of people can't scrape together the money for a few months, or have to wait for their marriage certificate etc.

I'm getting tired of the panic-mongers who say that you HAVE TO FILE BEFORE YOUR I-94 EXPIRES. That's just plain not true. If it was I wouldn't be sitting here today with a green card in my hand. I arrived in November, married in December and planned to file for AOS after we got our tax return to pay for it in January... come Jan we filed our taxes and then my husband lost his job and we had to start again because he couldn't file the affidavit unemployed. By the time everything was sorted out and we were able to file it was April and I'd been out of status for three months. I worried about a lot of things, but I never worried about that and it wasn't an issue... nobody even asked why we filed late and I was approved without an interview.

The short answer is file as soon as you can manage to. For one thing, you can't get an EAD until you file for AOS and your partner can't work until they get the EAD! So the sooner you file for it the sooner you'll be able to become a two-income family...

What panic mongers? No one in this thread has said that if they will be denied if they file past X date.

[Peggy 1]

I filed three months after my I-94 expired.

We had to come up with $1150 for AOS, EAD for me and my son.

With one income that was hard.

We received our NOA's for AOS in 5 days.

We now have our EAD cards.

If you cant get it done before it expires, dont freak out.

I just wouldnt let it go beyond the 180 days.

But that is just MO

The sooner the better if you can do it

[timinden 0]

It is better to do it right the first time and make sure everything is in order. I have said many times on this website the instructions for the K-1 visa in #9 say file promptly after marriage. No where do they instruct you to be married and file within 90 days.

[rejane 1]

Best way is to file as soon as you can after you get married

[Autumnal 25]

If you can afford to do so, filing the AOS sooner rather than later is ideal. But for some people, magically conjuring up $1000 is not an easy task. For most of us, I think it's not something we can just whip out of a bank account and put on a cheque without blinking.

There are times when it may behoove a couple to wait, like if the USC is unemployed or changing jobs; about to see a raise; or they're moving (and no one wants NOAs disappearing between moves!). If you do delay, try not to do so too much.