Do I have enough time for AOS?

[SilkRoad 0]

Hello,

My wife and step daughter received K3/K4 visas in 10/2006, entered the US in 12/06, and I am just filing for AOS this month (8/07). The visas are good until 10/2008. Do they still have plenty of time to finish AOS? How long does the process take? Also, where in the application am I able to change their last names?

Thanks in advance for your comments!

[MATTOB 0]

As far as I know, SilkRoad, you file the AOS and you're good to go. You change their names in the paperwork for the AOS. Follow the guides for AOS here on the site (adjusting from K-3) The process is now taking anywhere from 3-9 months for some people. Depends if you get stuck in an FBI name check.

Hope this helps somewhat.

[YuAndDan 153]

The K-3/4 allow entry and wait untill either AOS is filed or a CR-1 visa interview comes up.

Many just file for EAD for the K-3, and wait until just before their 2nd wedding anniversary to send in the AOS paperwork, avoiding having a 2 year conditional green-card, a couple that is married for more than 2 years when the green card is issued will get an un-conditional one. Since the K-3 is a 2 year visa, and a 2 year I-94 is issued, a k-3's 2nd wedding anniversary always happens before the K-3/I-94 expire.

[SilkRoad 0]

Thanks. We will be married 2 years by 12/06. If I file AOS now I assume my wife and step daugther would recieve un-conditional green cards. I read somewhere that you are supposed to file AOS almost immediately after entering the US and if for some reason need to request extended time it would be denied unless you filed for AOS shortly after entering the US.

[Ashleigh-Au 0]

WE filed AOS about 22 months after entering US........no problems at all.

We just received our ten year cards.....the officer who interviewed us said it was sensible for us to wait for that very reason......to get a 10 year card.

You shouldn't have any problems. Good luck.

[mexi 0]

i filed my aos after a year my 1-94 expired. i had no problems whatsoever. I dint even have an interview. nothin to worry about. you are good to go. important thing is to read guidelines and submit everything that is required (evidences/support papers). goodluck!

[YuAndDan 153]

Thanks. We will be married 2 years by 12/06. If I file AOS now I assume my wife and step daugther would recieve un-conditional green cards. I read somewhere that you are supposed to file AOS almost immediately after entering the US and if for some reason need to request extended time it would be denied unless you filed for AOS shortly after entering the US.

You can file anytime before the I-94 expires, it does not need to be immediately, the K-3 was designed to allow a couple to be together while waiting for the immigrant visa (IR-1 or CR-1) to be approves, and then travel back to the home country to interview for that visa, adjusting status was the option not a requirement.

[Dr_LHA 3]

You can file anytime before the I-94 expires.

You can file after the I-94 expires also.