Acceptable timeframe for filing AoS (K1) after marriage?

[d3adc0d3 186]

Hello,

I'm on a K1 journey and one of the things I've been trying to scour the forums for is a timeframe to file for an AoS.

I guess I have the following questions:

1. Do we need to file for the AoS within the 90 day K1 validity? If so, will he be forced to return to his country if we miss it?
2. What is the maximum allowed time from the date of entry on the K1 to file for the AoS? (i.e. 90 days, 6 months, 1 year)
3. Is there any issues in filing for the AoS after the initial 90 days or is that common?

The AoS fees are expensive and flights to/from Argentina are also ridiculously expensive (several thousand usd in some cases), not to mention the fees for getting married (well worth it) and the costs of getting him a SSN, license, etc. I can definitely afford these things no problem, I simply won't be able to do them within 90 days of entry unless I delay him entering the US while I save up for everything. He's helping as much as he can but Argentina's exchange rate is 5ARP to 1USD, so a 2k flight ticket costs him 10k pesos.

[LongRX7 6]

1) You "MUST" get married within 90 days of her arrival on US territory with a K1 Visa. If you did, then that criteria is met.

2) AOS should be done as soon as possible or their medical will expire one year from initial exam and you will have to incur the cost of doing the medical exam again. Not sure if there is a maximum or minimum timeline for applying for AOS

3) As far as I know, there isn't any issue, lol because I filed mine over a year after she arrived. Due to her getting pregnant and me just not wanting to do anything that might stress the pregnancy.

Yes fees and costs are expensive and add up fast. Do a civil wedding at the courthouse to satisfy the 90 day marriage requirement of the K1 Visa and go from there.

[didopage 337]

Here is a similar recent topic on the same subject with good answers: http://www.visajourney.com/forums/topic/438099-can-you-apply-for-adjustment-of-status-after-the-90-day-period-of-entering-into-the-us/

File as soon as possible after getting married. There's no maximum deadline but once the 90 days are up (I-94 expired), your husband will be out of status, which is not a great situation.

AOS (+EAD+AP = temp work and travel authorizations) total is $1,070. Think of it as an "investment". The soonest you file, the soonest your husband will get a work authorization, the soonest you guys can "recover" from those fees.

[Dave&Roza 748]

Hello,

I'm on a K1 journey and one of the things I've been trying to scour the forums for is a timeframe to file for an AoS.

I guess I have the following questions:

1. Do we need to file for the AoS within the 90 day K1 validity? If so, will he be forced to return to his country if we miss it?
2. What is the maximum allowed time from the date of entry on the K1 to file for the AoS? (i.e. 90 days, 6 months, 1 year)
3. Is there any issues in filing for the AoS after the initial 90 days or is that common?

The AoS fees are expensive and flights to/from Argentina are also ridiculously expensive (several thousand usd in some cases), not to mention the fees for getting married (well worth it) and the costs of getting him a SSN, license, etc. I can definitely afford these things no problem, I simply won't be able to do them within 90 days of entry unless I delay him entering the US while I save up for everything. He's helping as much as he can but Argentina's exchange rate is 5ARP to 1USD, so a 2k flight ticket costs him 10k pesos.

I understand the cost of air travel issue as it is a couple of thousand of dollars per ticket to goto Kazakhstan. I have noticed that it is one of the more expensive destinations to fly to in the world . There is no cost to getting a SSC, just the expense of driving there and the time wasted. Some states will not issue you a DL unless you have the GC so I would check with the local DMV (Division of motor vehicles) as to what documentation they required for issuing a DL. Just remember to apply for his SSC within about 70 days of arrival or he will have to wait for the EAD (employment authorization) or GC (Green Card).

As far as filing for AOS here is my response the last time this was asked:

There is no time limit to file for AOS. Once the I-94 expires you are in an out-of-status state and are accruing over-stay days. Once you hit 180 days you will not be allowed back into the country even with AP (Advance Parole) so filing for AP is worthless at that point. Once you pass a year after your original medical you will need to pay for a new medical from a Civil Surgeon. Should you wait until 2 years after the marriage, you should file the I-130 with the I-485 as a K-1 visa holder is not allowed a 10 year GC, but being married for more than 2 years allows your to qualify for a 10 year GC. So by filing the I-130 you eliminate that catch-22, but it does cost more. Also remember that you cannot travel outside of the US and return nor can you legally work until you have your AP/EAD and/or GC. So the sooner you file for AOS the sooner those arrive.

Now what should happen if you find yourself near one of the borders--ie southern or northern--and come upon a CBP check point and have to show your LPR status. They will take you in for questioning. They may even detain you depending on your documentation and their mood. At some point you may be hauled in front of an immigration judge who will tell you to file the AOS ASAP or may even issue a court order to file by a certain time. NOW you have a time limit to file and had better do so or you WILL be deported. Not a pleasant experience I am sure. So either file your AOS ASAP or do not travel by car near either border, but especially CA, AZ, NM, and TX.

Good luck,

Dave

Edited June 28, 2013 by Dave&Roza

[d3adc0d3 186]

1) You "MUST" get married within 90 days of her arrival on US territory with a K1 Visa. If you did, then that criteria is met.

2) AOS should be done as soon as possible or their medical will expire one year from initial exam and you will have to incur the cost of doing the medical exam again. Not sure if there is a maximum or minimum timeline for applying for AOS

3) As far as I know, there isn't any issue, lol because I filed mine over a year after she arrived. Due to her getting pregnant and me just not wanting to do anything that might stress the pregnancy.

Yes fees and costs are expensive and add up fast. Do a civil wedding at the courthouse to satisfy the 90 day marriage requirement of the K1 Visa and go from there.

Yes, I know that we must get married within the 90 days. We're going with a Vegas style elopement package in CT and spending a long weekend in a bed & breakfast.

I planned on doing the AoS as soon as I had the money to if I was allowed to wait outside the 90 days. I just wanted to make sure they weren't going to ship him off if we didn't meet it by a couple months. Thanks for the quick reply!

[VanessaTony 3,567]

1. No.

2. There is no deadline. He cannot work, leave the US (and return) or in many states get a drivers license until you've filed (or if he does get one, it will only be valid until his I-94/proof of status expires). Once the medical has expired you will need to redo that as well, which can be expensive in some places.

3. No issue. If you have been married more than 2 years then you should also file an I-130 to get the 10 year card.