How long to file?

[Raspect 0]

I am wondering how long do we have to file for AOS after we get married. Is there any time limit? After we get married, she can stay, legally, she just can't get a job or leave the country, true?

Thank you

[YuAndDan 153]

ASAP

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

This question is asked every day.

Yesterdays version: http://www.visajourney.com/forums/index.ph...c=77595&hl=

[Otto 83]

I am wondering how long do we have to file for AOS after we get married. Is there any time limit? After we get married, she can stay, legally, she just can't get a job or leave the country, true?

Thank you

Out of sheer curiousity - why wait?

[YuAndDan 153]

I am wondering how long do we have to file for AOS after we get married. Is there any time limit? After we get married, she can stay, legally, she just can't get a job or leave the country, true?

Thank you

Out of sheer curiousity - why wait?

May have to wait for the marriage cert to be mailed, or perhaps an appointment to see a civil surgeon for vaccination supplement.

[Raspect 0]

Yu and Dan, I really appreciate your answer and your help here, I read through the link of yesterday's post and that was really helpful. Your advice and your help is greatly appreciated here by everyone.

Thank you

And to Karrin

There is no reason at all. Just moving slowly and don't want to rush if I don't have to and miss something important at the end. But there is no exact reason for the question. Just don't want to wait to long and end up crying at the end.

Thanks all!

[YuAndDan 153]

One thing to keep in mind is the fees go up July 30, so if you have married, and you have every thing needed to file, then file it before July 30, or you will be socked with a $1010 fee for AOS.

Currently is only $395 (AOS)+ $180 (EAD)

[Yodrak 7]

Raspect,

Not true, to a greater or lesser extent depending on what you mean by "legally". But whatever you mean by it, if an application to adjust status has not been submitted by the date indicated on the I-94 she will be overstaying her allowed time in the USA.

Yodrak

..... After we get married, she can stay, legally, she just can't get a job or leave the country, true?

Thank you

[Raspect 0]

Raspect,

Not true, to a greater or lesser extent depending on what you mean by "legally". But whatever you mean by it, if an application to adjust status has not been submitted by the date indicated on the I-94 she will be overstaying her allowed time in the USA.

Yodrak

..... After we get married, she can stay, legally, she just can't get a job or leave the country, true?

Thank you

Thank You Yodrak

[John & Annie 0]

Raspect,

Not true, to a greater or lesser extent depending on what you mean by "legally". But whatever you mean by it, if an application to adjust status has not been submitted by the date indicated on the I-94 she will be overstaying her allowed time in the USA.

Yodrak

..... After we get married, she can stay, legally, she just can't get a job or leave the country, true?

Thank you

The thing to remember is that while you may have an overstay, as a spouse to a US Citizen, this is not used as a consideration in the adjudicating process.

We checked this over and over with USCIS, we waited a year to file AOS and Annie was always considered legally present in the US, but was consiered 'out of status'.

[John & Annie 0]

I was just rooting around in the Adjudicators Manual and in section 245 the requirements to adjust are:

1. Inspected and either Admitted or Paroled into the US

2. Make an Application

3. Be Admissible

4. Have an number available

There are some other items listed but they do not apply to any one admitted under the K1/K2 visa

There are no time constraints listed in the Adjustment Process.

Therefore, for me, I am going to believe the CBP agents I spoke with and and as long as you can prove (by means of the Marriage Cert) you have met the terms of the K1 visa. Annie was legally present in the US. Admittedly, she was 'out of status', but not ilegal.

All of the being said, I would highly recommend that everyone adjust status as soon as you can.