Timeframe Post Marriage to Apply For Change Of Status

[OHeyItsRick 10]

Hi all,

 

Me again! Hoping someone can clarify a point for me again as I'm unable to locate anything online myself: my husband and I are now legally married, and are going to be getting our marriage license recorded with the county clerk later this week. What is the timeframe for us to apply for change of status for me before I'm forced to otherwise leave the US again? Is it still within the 90 day period the K1 visa covers, or? 

 

If you could cite your sources, too, I would appreciate it.

 

Thanks!

[TBoneTX 45,259]

Congratulations on your marriage!

 

There's no formal timeframe per se, but most people choose to file for AOS/EAD/AP the instant they get the marriage certificate (and, as a tip, order multiple copies of those).  The inability to work or to return after traveling internationally weighs heavily on K-1 entrants.

[OHeyItsRick 10]

1 minute ago, TBoneTX said:

Congratulations on your marriage!

 

There's no formal timeframe per se, but most people choose to file for AOS/EAD/AP the instant they get the marriage certificate (and, as a tip, order multiple copies of those).  The inability to work or to return after traveling internationally weighs heavily on K-1 entrants.

 

Thank you!! Ah, okay. So, now that we're actually legally married, we're not up against the clock in terms of having to get AOS/EAD/AP within the 90 day limit of my visa? Am I understanding that right?

[TBoneTX 45,259]

3 minutes ago, OHeyItsRick said:

we're not up against the clock

You got it!  However, for practical purposes as stated, get the stuff filed ASAP.

[OHeyItsRick 10]

1 minute ago, TBoneTX said:

You got it!  However, for practical purposes as stated, get the stuff filed ASAP.

Good deal. Thank you. My husband and I were concerned that if we didn't get this done before my visa expired then I would be ejected from the country or something...

 

You wouldn't happen to have a direct source for this information, would you?

[TBoneTX 45,259]

8 minutes ago, OHeyItsRick said:

You wouldn't happen to have a direct source for this information, would you?

If USCIS says nothing, that's an excellent source.   

[Boiler 45,449]

1 hour ago, OHeyItsRick said:

 

Thank you!! Ah, okay. So, now that we're actually legally married, we're not up against the clock in terms of having to get AOS/EAD/AP within the 90 day limit of my visa? Am I understanding that right?

No, marriage gives you no status, get it sent in before the 90 days.

 

You will be adjusting status.

[SalishSea 17,803]

2 hours ago, OHeyItsRick said:

 

Thank you!! Ah, okay. So, now that we're actually legally married, we're not up against the clock in terms of having to get AOS/EAD/AP within the 90 day limit of my visa? Am I understanding that right?

No, but you will be out of status if you wait.  Like Boiler said, marriage itself confers no status.   You need that magical receipt notice from filing the I-485 to be in “authorized stay.”

[Crazy Cat 41,814]

12 hours ago, OHeyItsRick said:

Hi all,

 

Me again! Hoping someone can clarify a point for me again as I'm unable to locate anything online myself: my husband and I are now legally married, and are going to be getting our marriage license recorded with the county clerk later this week. What is the timeframe for us to apply for change of status for me before I'm forced to otherwise leave the US again? Is it still within the 90 day period the K1 visa covers, or? 

 

If you could cite your sources, too, I would appreciate it.

 

Thanks!

This question comes up frequently. There are simply no benefits in waiting.  Waiting delays the ability to work in the US, the ability to travel outside the US, and the ability to apply for US citizenship.  Why live in the shadows after your I-94 expires?  Submission of a proper I-485 will grant you "authorized stay" in the US until the I-485 is either approved or denied.  Apply for adjustment of status before your I-94 expires.

Edited June 11 by Crazy Cat

[Crazy Cat 41,814]

12 hours ago, OHeyItsRick said:

What is the timeframe for us to apply for change of status for me before I'm forced to otherwise leave the US again?

Although this scenario might be unlikely, it is possible.  This member failed to file to adjust status within the time allowed by the I-94.  "I was taken to the Border Patrol offices for processing taking 7 hours then sent straight to jail where I have been for 5 weeks. "

 

 

Edited June 11 by Crazy Cat

[ineedadisplayname 496]

14 hours ago, TBoneTX said:

You got it!  However, for practical purposes as stated, get the stuff filed ASAP.

Wait! I thought the moment the 90 days run out you are not legal anymore -married or not - IF you don't file for AOS. Being married to a US citizen doesn't make you legal as far as i know.

 

So technically you should file for adjustment before the 90 days run out. I think what TBoneTX refers to since you got married and if you file even after the 90 days your "overstay" will be forgiven when adjusting status.

Edited June 11 by ineedadisplayname

[Cathi 5,746]

If I were you, I would file ASAP. Why take the chance of being out if status and getting caught? @Crazy Cat gave you a good example of what can happen if you wait. Definitely not a chance that I would ever be willing to take.

Congrats on your marriage and good luck on your journey.

Edited June 11 by Cathi

[TBoneTX 45,259]

By the way, your status after you file for AOS but before its approval is "Applicant for Adjustment" or, more concisely, "Adjustment Applicant."  Back in Mrs. T-B.'s day, I asked a lawyer, and the foregoing was his answer.