What is the REAL deadline for marriage and AOS filing?

[conny 0]

What is the REAL deadline for marriage and AOS filing once fiance arrives in the US? Is it the last day of the 90-day period? Or is it 90 days minus <time needed to receive the marriage certificate and AOS forms> or even 90 days minus <time needed to receive and process the marriage certificate and AOS forms>? Wouldn't fiance be out of status if his docs are received and processed before his K1 expires (which is exactly 90 days from entry)?

[JohnR! 5,495]

There is no deadline for filing AOS. The only deadline is that you marry within 90 day of your arrival and even that is not a deal breaker.

[Pitaya 2,577]

~Moved from K1 Process to Fam-based AOS Forum~

~Inquiry about AOS-associated process, past K1~

[otter~ 17]

Well you need to marry within 90 days of you entering the US

As for filing AOS? No limit, really. But it's best to do it once your married as you don't want to fall out of status ! ^^;

[Pinkrlion 2,713]

It is 90 days from POE date to get married. AOS filing does not affect this requirement. Neither does getting a certified marriage license.

[baron555 934]

The only real deadline is before the beneficiary passes away. There is none.

After the 90 day deadline for marriage, they become out of status and are remotely possible to be deported.

After you file, they are "no status" and just can not legally work or return to the US if they leave.

If you wait a long period before filing AOS then an AOS interview becomes more possible. File soon and most folks never are called for an interview.

[Merrytooth 5,748]

Deadline to file AOS?

I would say do it asap before the US citizen changes his/her mind not to file I-864 for you

[Hank_ 9,174]

According to the USCIS website:

"All K nonimmigrants are required to file Form I-485, Application to Register Permanent Residence and Adjust Status, after arrival to adjust status as a permanent resident of the United States."

"You should apply for adjustment as soon as you marry your fiancé(e). "

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

Edited July 19, 2014 by Hank_

[KayDeeCee 4,893]

This has been discussed many times. You can do a search for it here on VJ.

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

Nowhere in the I-485 form instructions does it state a time limit to file and be eligible. As a matter of fact, it states that maintaining status is not a requirement to file for adjustment from a K-1, which equals no deadline to file > http://www.uscis.gov/files/form/i-485instr.pdf

Who May File Form I-485?

3. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry.

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission

The USCIS site about adjusting status from a K-1 states you should apply for AOS after you marry, and not that is a must to be eligible.

No mention of a deadline in the laws either > 8 CFR Sec. 214.2(k)(6)(ii)

(k) Spouses, Fiancées, and Fiancés of United States Citizens—

(6) Adjustment of status from nonimmigrant to immigrant.

(ii) Nonimmigrant visa issued on or after November 10, 1986. Upon contracting a valid marriage to the petitioner within 90 days of his or her admission as a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10, 1986, the K-1 beneficiary and his or her minor children may apply for adjustment of status to lawful permanent resident under section 245 of the Act. Upon approval of the application the director shall record their lawful admission for permanent residence in accordance with that section and subject to the conditions prescribed in section 216 of the Act.

[aaron2020 11,651]

There is no firm deadlines, but here are the consequences.

1. Your fiance is granted 90 days of authorized stay after entering on the K-1. If he does not file for AOS after his authorized stay, then he is out of status and is deportable (meaning the US can deport him, it does not mean that the US will deport him).

2. If he gets marry within the 90 days, then he can file to AOS with the I-485. Once he has an I-485 filed, then his stay is authorized until his green card is either granted or denied.

3. If he marry after the 90 days when he is out of status, then you need to file an I-130 (fee $420) and the I-485. So, it's more expensive than 2.

4. The time it takes you to get the marriage certificate is irrelevant. You need it to file the I-485. The marriage certificate is issued by your local government. The US government has nothing to do with it.

Edited July 19, 2014 by aaron2020

[Merrytooth 5,748]

What If US citizen died before AOS is filed? What will happen to the K1 beneficiary?

[NigeriaorBust 4,087]

If they marry before the 90 days and there is a substitute sponsor then there is a small change of staying , If they have not married the K1 holder is out of luck.

[aaron2020 11,651]

What If US citizen died before AOS is filed? What will happen to the K1 beneficiary?

If she is in the US and married to the USC when he dies, then she can file as a widow of a USC for a green card.

No marriage before the USC dies, then she has to return home.

If they marry before the 90 days and there is a substitute sponsor then there is a small change of staying ,

This is incorrect. She can self sponsor as the widow of a USC.

[KayDeeCee 4,893]

If she is in the US and married to the USC when he dies, then she can file as a widow of a USC for a green card.

No marriage before the USC dies, then she has to return home.

This is incorrect. She can self sponsor as the widow of a USC.

Exactly. They can file an I-360 and won't have to worry about an I-864 or ROC later either.

http://www.uscis.gov/archive/archive-news/fact-sheet-uscis-process-applications-widowers-deceased-us-citizens

http://www.uscis.gov/i-360

[Mike-eeh and Odie 193]

If you want to avoid any speed bumps, RFEs or delays, you ultimately want to marry in 90 days and file preferably before her I-94 expires. Otherwise, as other members have said, there is no real time limit to file AOS, just keep in mind that while your fiance is out of staus they cannot:

1. Have a job (on the books, at least).

2. Get a driver's license (after I-94 expires).

3. Return home (unless you want to spousal visa and wait a year or more to have her return back to the USA).

4. Do all the fun things a US Resident can do like not having to worry about being out of status, (which is a crime and a deportable [and bannable] offense).

Edited July 23, 2014 by Mike-eeh and Odie