AOS after marriage questions

[Buraian 0]

Hello everyone. We were approved for the K-1 visa on August 20, 2007. She came over 2 weeks ago on October 9th (activating the K-1 visa). She is Japanese.

1. I know we have to get married within 3 months and then should apply for AOS to conditional legal permanent resident (temporary green card). Is that when we have to pay the 1000+ dollars application fee with the I-485?

2. Does she have to apply immediately for the AOS once we are married or can she wait several months? Is there a limit on how long one can wait before applying for AOS?

The reason I ask is that we are debating on whether to go back to Japan after getting married and don't want to waste the $1000+ applying for the green card if we do end up going back to Japan. Plus, her not being able to work in the US until after we are married makes things harder.

Anyone have answers/advice? Thanks.

[mybackpages 0]

Hello everyone. We were approved for the K-1 visa on August 20, 2007. She came over 2 weeks ago on October 9th (activating the K-1 visa). She is Japanese.

1. I know we have to get married within 3 months and then should apply for AOS to conditional legal permanent resident (temporary green card). Is that when we have to pay the 1000+ dollars application fee with the I-485?

2. Does she have to apply immediately for the AOS once we are married or can she wait several months? Is there a limit on how long one can wait before applying for AOS?

The reason I ask is that we are debating on whether to go back to Japan after getting married and don't want to waste the $1000+ applying for the green card if we do end up going back to Japan. Plus, her not being able to work in the US until after we are married makes things harder.

Anyone have answers/advice? Thanks.

There is no hard and fast rule about whento file AOS after marriage on a K-1. Some couples have filed well pass the 90 day mark.

The one thing you should undertsand about going back to japan is that unless you file for AOS, leaving the country, she will have to reapply for a k-3 or Cr-1 visa or do DCF and go through the approval process all over again.

[YuAndDan 153]

1) $1010 for AOS and EAD and AP one fee pays for them all.

2) Not emediatly, but cannot get AP (Travel doc without AOS) Filed, and leaving the country before fileing for AOS and you will be starting over with CR-1 or K-3 visa. AND leaving the country after filing for AOS, but without AP document in hand, and you are considered to have abandoned AOS, and you will be starting over and filing for CR-1 or K-3.

Can work as soon as you have EAD

[Jasman0717 9]

Attention K-Mart Shoppers

[Cloudy9 11]

Attention K-Mart Shoppers

Ok, I'll bite, whats this mean?

[Dakine 26]

No problem leaving the US without AP. It just that you can't come back without an AP.

You can apply for AP without filing for AOS. Have to pay the filing fee tho.

Edited October 21, 2007 by Haole

[mybackpages 0]

There is no hard and fast rule about whento file AOS after marriage on a K-1. Some couples have filed well pass the 90 day mark.

The one thing you should undertsand about going back to japan is that unless you file for AOS, leaving the country, she will have to reapply for a k-3 or Cr-1 visa or do DCF and go through the approval process all over again.

Just wanted to clarify my own post thanks to haole and Yuanddan's posts. I should hve said- leaving with out completeing AOS or having official permission to travel by filing the AP (that is now including in the AOS filing fees) means your wife will not be able to reenter withoout refiling.

NEVER leave just because AOS has been filed. It is not enough and is considered abandonning the AOS file.

[kim&james 0]

No problem leaving the US without AP. It just that you can't come back without an AP.

You can apply for AP without filing for AOS. Have to pay the filing fee tho.

You will need to file AOS before or with the AP documents as legal status is needed. When you file AOS, your status is "pending adjustment of status". Check the general filing guides on the instructions to the AP form.