Need to file AOS within K1 90 day window?

[Alytes 31]

My fiance's interview is in a few weeks, so I'm finally starting to think about wedding date planning. Do we need to file for AOS within the 90 day K1 window? If so, how late into the 90 days can we marry and safely have time to file?

[powerpuff 6,469]

As long as you marry within 90 days, you can file for AOS at any point after the marriage takes place. There’s no time limit.

 

After the 90 days and if you haven’t filed for AOS, you’ll be out of status and would be accumulating unlawful presence until you file for AOS (like any other visa overstayer).

 

So I’d advise you to marry as soon as possible and not wait until the last day of 90 days to do so as unforeseen circumstances do happen, especially in a pandemic. 

Edited February 6, 2021 by powerpuff

[Chancy 6,239]

2 hours ago, Alytes said:

Do we need to file for AOS within the 90 day K1 window?

 

To meet the terms of the K1 visa, you just need to marry in the US within 90 days of entry.  No requirement to file AOS within 90 days.  But I highly recommend marrying and filing AOS as soon as possible for these reasons:

• To avoid repeating the medical check-up, file AOS within 1 year of the K1 medical.
• If pursuing US citizenship is a goal, file AOS asap to fulfill the 3-year LPR status requirement sooner.
• Eliminate the (very low but not zero) risk of getting in trouble with ICE for being out of status.  All it takes is one unlucky encounter for the worst case scenario to happen, like it did for this VJ member --

 

 

Edited February 6, 2021 by Chancy

[Crazy Cat 41,312]

5 hours ago, Alytes said:

My fiance's interview is in a few weeks, so I'm finally starting to think about wedding date planning. Do we need to file for AOS within the 90 day K1 window? If so, how late into the 90 days can we marry and safely have time to file?

There are no benefits in waiting to file for adjustment of status after marriage.....none.

[Lucky2Lucky 2,526]

4 minutes ago, Lucky Cat said:

There are no benefits in waiting to file for adjustment of status after marriage.....none.

This. Why anyone would “plan” to have their future spouse be out of status and accumulate illegal presence is beyond me. Unfortunately a k1 is not the choice if you want to “plan” anything-best to have a quick justice of the peace and plan a wedding in the future IMO. We hear horror stories of peoples marriage breaking down in that period of time thus giving the immigrant no legal status to stay etc. Plan to have all your documents ready to go and send after you get married. I suggest looking at the I944 (which is currently needed) and have your fiancé gather needed documents now as that can take time and hold down your process later.

[Crazy Cat 41,312]

6 hours ago, Alytes said:

My fiance's interview is in a few weeks, so I'm finally starting to think about wedding date planning. Do we need to file for AOS within the 90 day K1 window? If so, how late into the 90 days can we marry and safely have time to file?

We strongly advise you NOT to spend any non-refundable money on arrangements until after the visa is in hand and checked for error.  That includes wedding arrangements, travel booking, etc.

[Mike E 11,733]

1 hour ago, Lucky Cat said:

There are no benefits in waiting to file for adjustment of status after marriage.....none.

I will play devils advocate for a moment because of course I believe one should file for AOS before 90 days after POE.  
 

There is one benefit: waiting a year will make it all but certain the green card will be issued two or more years after the marriage which means a future I-751 filing can be avoided.  Waiting two years guarantees it.  
 

With USCIS about to be overwhelmed with more than 100,000 refugees a year, I don’t think there will be any I-751 cases processed next year.  They weren’t a high priority before.  They will be the lowest of the low priority now.  

[Crazy Cat 41,312]

Just now, Mike E said:

I will play devils advocate for a moment because of course I believe one should file for AOS before 90 days after POE.  
 

There is one benefit: waiting a year will make it all but certain the green card will be issued two or more years after the marriage which means a future I-751 filing can be avoided.  Waiting two years guarantees it.  
 

With USCIS about to be overwhelmed with more than 100,000 refugees a year, I don’t think there will be any I-751 cases processed next year.  They weren’t a high priority before.  They will be the lowest of the low priority now.  

I'd say the risks and inconvenience outweigh the benefits......just my opinion.  I hear that limbo period between filing for adjustment and receiving a green card is not fun.

[Mike E 11,733]

6 hours ago, Alytes said:

If so, how late into the 90 days can we marry and safely have time to file?

This depends how fast

 

* you can get marriage license 

* your marriage performer returns the license to the county after the ceremony  

* the county issues your marriage certificate 

 

For example, Los Angeles county requires 12 weeks to issue a marriage certificate. Plenty of time for ICE on a slow day to come collect your spouse.  
 

With COVID; the normally rapid times most Bay Area (I see you are in Oakland) counties had before are probably slower.  Check with Alameda county and surrounding counties.
 

I suggest getting married as soon as possible if COVID has still shut down social security offices when your partner arrives in the USA. Otherwise wait until the SS card has been applied for and then marry immediately.  

[Crazy Cat 41,312]

7 hours ago, Alytes said:

My fiance's interview is in a few weeks, so I'm finally starting to think about wedding date planning. Do we need to file for AOS within the 90 day K1 window? If so, how late into the 90 days can we marry and safely have time to file?

My suggestion is to contact our distinguished VJ member  @Loren Y .  He has very graciously offered to officiate wedding ceremonies for VJ members in Las Vegas.  He says you can be married and have a marriage certificate in hand in a matter of a few hours.  

[Mike E 11,733]

9 minutes ago, Lucky Cat said:

I'd say the risks and inconvenience outweigh the benefits......just my opinion.  I hear that limbo period between filing for adjustment and receiving a green card is not fun.

Oh for sure my wife was getting depressed  with being unable to travel or apply for jobs or operate a business.  
 

But with COVID, travel is mostly off the table now and getting an SS card without sending in ones passport and combo card or green card to get lost by an ineffective agency is a non starter.  
 

I haven’t broken the news to her yet that after her 2 year green card expires next year, it will be life in hell.  In am certain the God of Hindsight will tell us we should have waited to file AOS.  

[Crazy Cat 41,312]

3 minutes ago, Mike E said:

I haven’t broken the news to her yet that after her 2 year green card expires next year, it will be life in hell.

We filed my wife's I-751 in late March 2019.  In May 2019, the status changed to "Case is ready to be scheduled for an interview".......still waiting.

[Mike E 11,733]

17 minutes ago, Lucky Cat said:

We filed my wife's I-751 in late March 2019.  In May 2019, the status changed to "Case is ready to be scheduled for an interview".......still waiting.

Time to file that N-400.  
 

Otherwise I believe you will be waiting until February 2025 at least.  

[Duke & Marie 1,389]

49 minutes ago, Mike E said:

Oh for sure my wife was getting depressed  with being unable to travel or apply for jobs or operate a business.  
 

But with COVID, travel is mostly off the table now and getting an SS card without sending in ones passport and combo card or green card to get lost by an ineffective agency is a non starter.  
 

I haven’t broken the news to her yet that after her 2 year green card expires next year, it will be life in hell.  In am certain the God of Hindsight will tell us we should have waited to file AOS.  

No point in waiting to file AOS these days since it’s taking 9 months to get bio and god only knows how long to get EAD, I’m still waiting on that one... . the rate their going I might get my GC on our 5th anniversary.... 

[Alytes 31]

3 hours ago, Mike E said:

This depends how fast

 

* you can get marriage license 

* your marriage performer returns the license to the county after the ceremony  

* the county issues your marriage certificate 

 

For example, Los Angeles county requires 12 weeks to issue a marriage certificate. Plenty of time for ICE on a slow day to come collect your spouse.  
 

With COVID; the normally rapid times most Bay Area (I see you are in Oakland) counties had before are probably slower.  Check with Alameda county and surrounding counties.
 

I suggest getting married as soon as possible if COVID has still shut down social security offices when your partner arrives in the USA. Otherwise wait until the SS card has been applied for and then marry immediately.  

This is exactly what I was curious about. I read that it could take up to 12 weeks to get a certified copy of our marriage certificate, which could push us out of status even if we got married on his first day here. I'll call the county court house (we are planning to marry in Humboldt County) on Monday to ask about their turn around times. Thank you!