How long do we have to file our change of status and pay fee after we marry

[Erik and Glydyl 26]

Hello again, everyone. Last night I started thinking, and was wondering how long after I marry my Fiance, do we have to save up the money for our change of status and pay the fee? Do we have to do it within the 90 days or do we have a grace period after we are married so that we can save the money for this step?

[SalishSea 17,801]

5 minutes ago, Erik and Glydyl said:

Hello again, everyone. Last night I started thinking, and was wondering how long after I marry my Fiance, do we have to save up the money for our change of status and pay the fee? Do we have to do it within the 90 days or do we have a grace period after we are married so that we can save the money for this step?

Are you just now looking into this step?   
 

all of the fees are going up, and it isn’t wise to wait.   The longer you wait, the longer it takes for your fiancé to receive a work permit- so that time could be seen as lost wages.

 

You might want to look into the cost of immigrating in detail.   K-1 was probably not the best choice if money is an issue.   ROC fees are about to go up to >$2k.

[Crazy Cat 41,809]

14 minutes ago, Erik and Glydyl said:

Hello again, everyone. Last night I started thinking, and was wondering how long after I marry my Fiance, do we have to save up the money for our change of status and pay the fee? Do we have to do it within the 90 days or do we have a grace period after we are married so that we can save the money for this step?

To fulfill the requirements of a K-1, you must marry within 90 days of entry into the US.  After 90 days, the K-1 holder's I-94 will expire.  On day 91 after arrival in the US, the new spouse will be out of status, and will be subject to detention and removal.  However, once a proper I-485 is filed, the applicant will be granted authorized stay in the US until the I-485 is either approved or denied.  There is no grace period after marriage.  Marriage, in itself, confers no immigration benefits.

Below is a link to someone who had a very bad experience:

Beware bad information on AOS deadline for K1 (fresh out of jail) - Adjustment of Status (Green Card) from K1 and K3 Family Based Visas - VisaJourney

Edited January 9, 2023 by Crazy Cat

[Erik and Glydyl 26]

Luckily we filed our K1 petition in July of this year so we beat the fee hike for that part of it. I imagine we wont get our NOA2 until January 2024 but I was just thinking ahead. You know, worrying while I wait about all of the steps coming up, lol. Saving to stay for a month each spring while we wait and then worrying about saving to spend a month when its time for interviews, and exams in Manilla and then wedding, reception, etc etc right before AOS fees, just stressing a bit, thats all. Looks like I better start bustin my butt at work for another year, lol.

 

Edited January 9, 2023 by Erik and Glydyl

[Crazy Cat 41,809]

There are no benefits in waiting to file for adjustment of status after marriage.  Waiting delays working, traveling outside the US, getting the green card, and filing for citizenship.  I would borrow the money to file.

[Erik and Glydyl 26]

Thank you, Crazy.

 

[TBoneTX 45,250]

Thread is moved from the K-1 Process forum to the "AOS from K Visas" Process forum, given the topic.

-------------------

It's crucial that you become an "A" student of the entire immigration process, from now through naturalization.  

[Erik and Glydyl 26]

I just found this quote on rapid Visa. Does this sound right?

 

"Do I have to file my AOS within 90 days of my arrival in the U.S.?"

No. You must get married within 90 days of your arrival (if you came on a K-1) but you do not have to file your AOS within 90 days. The USCIS doesn't set a time limit for you to file your AOS. However, there are many good reasons to file your AOS as soon as possible. You will not be able to work until you have your green card or Employment Authorization Document (EAD). Additionally, the medical exam you had for your K visa will expire in 12 months. If you don't file your AOS before the medical expires you will need to have another medical exam. If you arrived on a K-1 visa you will not be able to get back into the U.S. should you leave the country for some reason until you have either your green card or the Advance Parole document.

Many people wait several months after their entry to file the AOS simply because it is so expensive.

[Crazy Cat 41,809]

2 minutes ago, Erik and Glydyl said:

I just found this quote on rapid Visa. Does this sound right?

 

"Do I have to file my AOS within 90 days of my arrival in the U.S.?"

No. You must get married within 90 days of your arrival (if you came on a K-1) but you do not have to file your AOS within 90 days. The USCIS doesn't set a time limit for you to file your AOS. However, there are many good reasons to file your AOS as soon as possible. You will not be able to work until you have your green card or Employment Authorization Document (EAD). Additionally, the medical exam you had for your K visa will expire in 12 months. If you don't file your AOS before the medical expires you will need to have another medical exam. If you arrived on a K-1 visa you will not be able to get back into the U.S. should you leave the country for some reason until you have either your green card or the Advance Parole document.

Many people wait several months after their entry to file the AOS simply because it is so expensive.

That is poor advice.  Read my comment above and the link I provided.  Do you want to put your new spouse in danger of being deported???

Edited January 9, 2023 by Crazy Cat

[Erik and Glydyl 26]

I always take your advice as gold, Crazy. I will get that fee together  

[SalishSea 17,801]

1 hour ago, Erik and Glydyl said:

Luckily we filed our K1 petition in July of this year so we beat the fee hike for that part of it. I imagine we wont get our NOA2 until January 2024 but I was just thinking ahead. You know, worrying while I wait about all of the steps coming up, lol. Saving to stay for a month each spring while we wait and then worrying about saving to spend a month when its time for interviews, and exams in Manilla and then wedding, reception, etc etc right before AOS fees, just stressing a bit, thats all. Looks like I better start bustin my butt at work for another year, lol.

 

Then you have plenty of time to save for AOS, as well as ROC.   K-1 is the most expensive vs CR/IR.

[Dashinka 24,479]

23 hours ago, Erik and Glydyl said:

I just found this quote on rapid Visa. Does this sound right?

 

"Do I have to file my AOS within 90 days of my arrival in the U.S.?"

No. You must get married within 90 days of your arrival (if you came on a K-1) but you do not have to file your AOS within 90 days. The USCIS doesn't set a time limit for you to file your AOS. However, there are many good reasons to file your AOS as soon as possible. You will not be able to work until you have your green card or Employment Authorization Document (EAD). Additionally, the medical exam you had for your K visa will expire in 12 months. If you don't file your AOS before the medical expires you will need to have another medical exam. If you arrived on a K-1 visa you will not be able to get back into the U.S. should you leave the country for some reason until you have either your green card or the Advance Parole document.

Many people wait several months after their entry to file the AOS simply because it is so expensive.

I agree with @Crazy Cat and @Jorgedig in their responses.  Even though there is no set deadline for filing the I485 package after someone comes here on a K1 visa, and marries within the 90 days, most members here on VJ will recommend filing the AOS package as soon as you can gather all the documents and forms required for filing.  It is good you are planning ahead at this point, and it is a good idea to budget this as a future expense that is necessary.

 

Good Luck!