Time limit to apply for green card?

[Sarah&Oscar 4]

my husband arrived here in June on a k-1 visa and we got married in June. Is there a time limit for when we need to adjust his status? We just moved back to the states and had a baby so im not working yet and we are nervous about spending $1,000 so we havent sent the paperwork in yet.

[Pitaya 2,577]

my husband arrived here in June on a k-1 visa and we got married in June. Is there a time limit for when we need to adjust his status? We just moved back to the states and had a baby so im not working yet and we are nervous about spending $1,000 so we havent sent the paperwork in yet.

The general recommendation is to start the AOS process as soon as possible.

[Hypnos 6,577]

There is no time limit, however he will be out of status from the date that his I-94 expires and theoretically could be detained by ICE as a direct result of that.

He goes back in status as soon as his AoS application is accepted for processing by USCIS.

Edited October 8, 2012 by Hypnos

[Sarah&Oscar 4]

So I take it his I-94 expired after 90 days of him being here?

There is no time limit, however he will be out of status from the date that his I-94 expires and theoretically could be detained by ICE as a direct result of that.

He goes back in status as soon as his AoS application is accepted for processing by USCIS.

[Andrea&Henry 311]

He can not be deported but he cant get a driver license or apply for a job or travel outside the US. If you are out status, there's much he can do. I know that is expensive but as soon as he can get his EAD as soon he can work

[KayDeeCee 4,894]

my husband arrived here in June on a k-1 visa and we got married in June. Is there a time limit for when we need to adjust his status? We just moved back to the states and had a baby so im not working yet and we are nervous about spending $1,000 so we havent sent the paperwork in yet.

There is no deadline to file for AOS. He arrived in June, so his I-94 would be expired by now. He is out of status and once he files for AOS he will enter a period of authorized stay. Any overstay he has accumulated will no longer matter once his green card is approved.

You should save up or borrow the money to file as soon as you can. Not so much for the slim chance he could be detained for being out of status(just avoid check points along the southern border states), but because he cannot work, get a license/state ID or travel out of the US and re-enter until he files for AOS and has his EAD/AP or green card.

[Sarah&Oscar 4]

Ok, thanks guys. We will file asap then.

[Hypnos 6,577]

He can not be deported but he cant get a driver license or apply for a job or travel outside the US. If you are out status, there's much he can do. I know that is expensive but as soon as he can get his EAD as soon he can work

He certainly can be deported because he is out of status and, as such, not authorised to be in the US.

Now, would he be deported? Probably not, because an immigration judge would see that he has immediate relief available (AoS through marriage).

Edited October 8, 2012 by Hypnos

[Andrea&Henry 311]

As far as I know, an US foreing spouse cant be deported for being late filling AoS

[Hypnos 6,577]

I think you are confusing deportable with being deported.

Any alien who is out of status is deportable, which means they could theoretically be detained by ICE, removal proceedings could be initiated against them with the ultimate goal of excluding them from the United States.

Being deported means it is actually happening.

[del-2-5-2014 1,339]

Ok, thanks guys. We will file asap then.

Excellent

[djricky4 67]

there is no time limit. you can even do it after a year of being here but you might require a new medical if you dont file within a year of doing your first medical. the sooner, the better and lesser the chance of running into problems. good luck

[Krikit 1,165]

Moving from K-1 Process to AOS Process.

[Julie&Chris 1]

my husband arrived here in June on a k-1 visa and we got married in June. Is there a time limit for when we need to adjust his status? We just moved back to the states and had a baby so im not working yet and we are nervous about spending $1,000 so we havent sent the paperwork in yet.

I have the exact same problem! We got married in Feb and I had our baby in May but I still haven't sent in my AOS stuff...just can't afford it. We plan on sending it in December so hopefully, won't cause any problems. I have heard there is no official deadline so you should be okay. Im pretty sure they would understand that we just had babies etc

[tempa 1]

you have money to support the baby and have the spouse not working but not enough money to send the paperwork...

sounds so backwards.