Deadline on Marriage and AoS

[Rodziac 0]

Hello, I have recently received my K1 visa which gives me time until January 31st to go to USA to get married. I had some questions about the deadline dates on the steps:

1. If I go to USA mid january, can we have the wedding in the following 3 months, for example mid march? Or does everything expire the moment the visa expires?

2. If I do get married mid march, after the visa's expiration date, do I immediately become out of status or does the 3 months to get married allowance cover me until I do my adjustment of status?

 

Thank you.

[RJandHamid 1,128]

The 30 months (90 days) begins once you enter the USA. As long as you enter the US before the visa expires, then get married and file for AOS within the first 90 days, you will not be out of status. You won't have your green card in hand by the end of the 90 days, but as long as you applied for adjustment of status and have the first NOA1 receipt, you will be fine. 

[Rodziac 0]

3 minutes ago, RJandHamid said:

The 30 months (90 days) begins once you enter the USA. As long as you enter the US before the visa expires, then get married and file for AOS within the first 90 days, you will not be out of status. You won't have your green card in hand by the end of the 90 days, but as long as you applied for adjustment of status and have the first NOA1 receipt, you will be fine. 

I'm guessing at the first part you meant 3 months (90 days)

Alright, so no matter when I enter US inside the visa's lifetime, even if I enter the USA at the last possible day (not really my plan but just to give an example) I'd have 3 months to both get married and apply for AoS as far as I understand?

I think it takes a long while for the green card to be issued/arrive, what happens to me after I apply for the green card, am I given a document or anything saying I am waiting for a green card?

[RJandHamid 1,128]

1 minute ago, Rodziac said:

I'm guessing at the first part you meant 3 months (90 days)

Alright, so no matter when I enter US inside the visa's lifetime, even if I enter the USA at the last possible day (not really my plan but just to give an example) I'd have 3 months to both get married and apply for AoS as far as I understand?

I think it takes a long while for the green card to be issued/arrive, what happens to me after I apply for the green card, am I given a document or anything saying I am waiting for a green card?

Yes, 3 months, good catch. 

 

That's correct, you have 3 months starting from the day you step foot in the USA to get married and file the AOS documents. Just like the I-129F petition, you will receive a I-797 receipt (NOA1) that states that they are actively processing your case. 

[Rodziac 0]

2 minutes ago, RJandHamid said:

Yes, 3 months, good catch. 

 

That's correct, you have 3 months starting from the day you step foot in the USA to get married and file the AOS documents. Just like the I-129F petition, you will receive a I-797 receipt (NOA1) that states that they are actively processing your case. 

Thank you for the information  I was worried about falling out of status so this helped me a lot!

[Crazy Cat 39,192]

When you file for AOS, you should also file for AP/EAD.  After they are approved, A/P would allow you to travel outside the US and EAD would allow you to work while your AOS is pending....Filing AOS allows you to remain "in status".

[Rodziac 0]

Just now, missileman said:

When you file for AOS, you should also file for AP/EAD.  After they are approved, A/P would allow you to travel outside the US and EAD would allow you to work while your AOS is pending....Filing AOS allows you to remain "in status".

Oooh alright, thats a useful information! Do you tell them you also want AP and EAD as you apply? Or are they separate processes?

[Crazy Cat 39,192]

4 minutes ago, Rodziac said:

Oooh alright, thats a useful information! Do you tell them you also want AP and EAD as you apply? Or are they separate processes?

Check this guide....http://www.visajourney.com/content/k1k3aos

[Crazy Cat 39,192]

Please note the content regarding the I-765 and I-131.

[Rodziac 0]

5 minutes ago, missileman said:

Check this guide....http://www.visajourney.com/content/k1k3aos

 

2 minutes ago, missileman said:

Please note the content regarding the I-765 and I-131.

Thank you, I will read about it there and follow the information

[Redheadguy03 505]

You don't have to file within 90 days. Just get married within 90 days. Now technically if you don't file within 90 days you are out of status, but some people wait a year or more to file AOS. So, if you get married then have to wait a few days or longer to file, don't sweat it too much. 

[C-ma'am 684]

**Post moved from K1 Process to AOS from family visas. Conversation shifted to AOS procedures.

[ThisguyJerry 2]

5 hours ago, Rodziac said:

Hello, I have recently received my K1 visa which gives me time until January 31st to go to USA to get married. I had some questions about the deadline dates on the steps:

1. If I go to USA mid january, can we have the wedding in the following 3 months, for example mid march? Or does everything expire the moment the visa expires?

2. If I do get married mid march, after the visa's expiration date, do I immediately become out of status or does the 3 months to get married allowance cover me until I do my adjustment of status?

 

Thank you.

You could arrive in the US a few day before your visa expires once you arrive and receive you I-94 that’s when the 90 day countdown starts. Some people wait until a few days till the end of 90 days and are fine. You don’t even need to file AOS right away granted you’ll be out of status admin if your out of samtatus for too long it can affect you. 

[Dashinka 23,209]

20 hours ago, Rodziac said:

Oooh alright, thats a useful information! Do you tell them you also want AP and EAD as you apply? Or are they separate processes?

You file the I485 (AOS) I765 (EAD) and I131 (AP) as one package generally (you can submit the EAD and AP later while the AOS is pending, but most submit them at the same time) and there is no additional cost for the other two applications (I.e. You only pay the fee for the AOS plus biometrics).  Technically they are separate applications and the EAD/AP will be processed independently usually within 3-4 months from submission.

 

One note to consider regarding the expiration date for entering the country on a K1.  The visa is valid for six months from the date of the medical exam which is the date that should be on the Visa.

 

Good Luck!