How long do we have to file AOS

[LKDougherty 0]

I know that we have to have been married within 90 days, that we have done. Do we have to file the AOS before the 90 days as well?

[kim&james 0]

no

as soon as you can is fine

[seagull 0]

I know that we have to have been married within 90 days, that we have done. Do we have to file the AOS before the 90 days as well?

If you're already married, it's better to file your AOS, as soon as you can...

[AUBGER 0]

I believe it's the best to do it as soon as you can after the marriage.

[GodBlessTheUSA 0]

I believe it's the best to do it as soon as you can after the marriage.

I have a related question. This may be what the original poster was asking.

DO I HAVE TO file the AOS right away? From everything I've read - there is no wording that states a timeout for the K1 visa. Only that you must marry within 90 days (which we have done).

For personal reasons, I'd like to wait. Possibly a long time. 1, 2 or even 3 years.

Drawbacks to waiting that I have been able to guess would be that my wife can't leave the USA (since she wont be able to get back in), and possibly work issues (she is a housewife so we are not concerned about this).

Are there other problems I am not aware of to waiting a year or 2 before filing the AOS?

[Caladan 19]

You can. But it makes her officially out-of-status once her I-94 from the K-1 expires. You can file any time after you marry, but they recommend that you do it quickly to ensure she stays in status.

If she is out-of-status, she's just like anyone else who overstayed a visa: unlawfully present. In other, more inflammatory terms: illegal alien. (Really. Millions came in on visas.) Meaning, no legal right to stay here. Lax enforcement works in your favor here, but it is a risk. It is also possible that failure to file for the green card could be construed as grounds for abuse... basically, they don't want someone holding the green card over someone's head...from the FAQ:

Q: What if the petitioner/spouse refuses to file the adjustment of status application?

A: Typically, the marriage-based petition requires that the parties be in a viable marriage. But if the spouse (either an US citizen or LPR) refuses to file the adjustment of status application or withdraws the application prior to its adjudication, provided the alien meets the eligibility requirements, he or she can self-petition as an abused spouse under provisions of VAWA, without the help of the spouse. Lack of physical battery does not necessarily preclude a self-petition as an abused spouse under the very liberal immigration laws. A consultation with an immigration attorney is strongly advised. (More on abuse later in the FAQs)

The likelihood of either of these is probably pretty low, but you asked for the risks, and there they are. Personally, with all the rage about illegal immigrants these days, I wouldn't expose someone I love to the risk of being out-of-status.

[Nanusia & Lukaszek 0]

I believe it's the best to do it as soon as you can after the marriage.

I have a related question. This may be what the original poster was asking.

DO I HAVE TO file the AOS right away? From everything I've read - there is no wording that states a timeout for the K1 visa. Only that you must marry within 90 days (which we have done).

For personal reasons, I'd like to wait. Possibly a long time. 1, 2 or even 3 years.

Drawbacks to waiting that I have been able to guess would be that my wife can't leave the USA (since she wont be able to get back in), and possibly work issues (she is a housewife so we are not concerned about this).

Are there other problems I am not aware of to waiting a year or 2 before filing the AOS?

I believe she has no official status during the time you are waiting before filing AOS. Her I-94 is expired, so technically she's out of status. But when you do AOS that is forgiven. If your question is what happens if an immigration offical would ask her for documentation, I think that would be a problem. Hence why everyone is recommending to do it as soon as you can.

But it is possible to wait it out, I read her on VJ of a person waiting 2 yrs to file AOS, then resulting in a 10yr greencard instead of the 2 yr conditional one.

[Caladan 19]

I should clarify that accumulating out-of-status time isn't a bar to adjusting status eventually. My concerns are directed at what happens in the meantime, where she would be out of status. (Suppose you're in Oklahoma, which just made it a felony to knowingly shelter someone here illegally. Or your state passes such a law.)

[Melyssa 0]

I believe it's the best to do it as soon as you can after the marriage.

I have a related question. This may be what the original poster was asking.

DO I HAVE TO file the AOS right away? From everything I've read - there is no wording that states a timeout for the K1 visa. Only that you must marry within 90 days (which we have done).

For personal reasons, I'd like to wait. Possibly a long time. 1, 2 or even 3 years.

Drawbacks to waiting that I have been able to guess would be that my wife can't leave the USA (since she wont be able to get back in), and possibly work issues (she is a housewife so we are not concerned about this).

Are there other problems I am not aware of to waiting a year or 2 before filing the AOS?

I believe she has no official status during the time you are waiting before filing AOS. Her I-94 is expired, so technically she's out of status. But when you do AOS that is forgiven. If your question is what happens if an immigration offical would ask her for documentation, I think that would be a problem. Hence why everyone is recommending to do it as soon as you can.

But it is possible to wait it out, I read her on VJ of a person waiting 2 yrs to file AOS, then resulting in a 10yr greencard instead of the 2 yr conditional one.

Whoa, who was that? That sounds odd!!

[Jasman0717 9]

Its best to file as soon as possible otherwise the beneficiary is very limited in what they can do.