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How long do you have to file AOS after being married?

#1 Chris Knouse

Chris Knouse


  • PipPipPip

Posted 01 December 2010 - 10:13 PM

What's the official word on this? If my wife came to the US on K-1 and we were married on Nov 8, 2010. How long do we have to file AOS?
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Just when we thought we winning the rat race... along comes a faster rat (i.e USCIS)

#2 baron555


    Elite Member

Posted 01 December 2010 - 10:30 PM

What's the official word on this? If my wife came to the US on K-1 and we were married on Nov 8, 2010. How long do we have to file AOS?

Before either of you dies. There is no time limit. None. Nada.
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Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

#3 Precious


    Senior Member

  • PipPipPipPipPip

Posted 01 December 2010 - 11:03 PM

I guess if your wife wants to work in the US, she will need the papers - EAD, Green Card and so forth. The only way to get these is through AOS.
Also the GC would be handy if she wants to travel abroad :star:
  • 0
Rio de Janeiro, Brazil

Naturalization approved: 04-02-2013
Oath ceremony: 04-24-2013

#4 VanessaTony


    Little Miss

Posted 01 December 2010 - 11:35 PM

** moved from "K1 Process & Procedures" to "AOS (Family)" as this is a qn about AOS, not K1 **
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#5 Kristy S

Kristy S

    Senior Member

  • PipPipPipPipPip

Posted 01 December 2010 - 11:54 PM

i copied this for you:
How soon after we get married should we apply for Adjustment of Status?
A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices.

from here: http://www.visajourn...k2visa-aos.html

so unless things have drastically changed??? there ya go ^^^^^
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#6 tom&tanya


    Gold Member

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Posted 02 December 2010 - 07:06 AM

As soon as you have a certified copy of your marriage certificate. The paperwork for AOS is fairly easy. I got married 7-31 and filed 8-31. I was completely done with AOS in about 90 days... Green card in hand.
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K-1 / K-2 Timeline:
02/02/2010 - Sent I-129F
02/04/2010 - NOA1
05/06/2010 - NOA2
07/13/2010 - Consulate Interview - APPROVED
07/17/2010 - POE (JFK)

07/30/2010 - MARRIED!

AOS-EAD Timeline:
08/29/2010 - AOS-EAD sent
09/08/2010 - NOA1
09/17/2010 - Biometrics
11/06/2010 - EAD card received
11/08/2010 - AOS interview - GC's APPROVED
11/19/2010 - Green Cards Arrived

After two amazing years together....

ROC Timeline:
08/10/2012 - ROC sent
08/14/2012 - NOA1
08/27/2012 - Biometrics

05/01/2013 - ROC - APPROVED

05/06/2013 - Green Cards Arrived



08/31/2013 - N-400 sent

09/04/2013 - NOA1

09/27/2013 - Biometrics

10/08/2013 - In-Line

11/13/2013 - Interview

12/13/2013 - Oath -- Now a U.S. citizen!

#7 Gary and Alla

Gary and Alla

    Я вижу тебя

Posted 03 December 2010 - 12:05 AM

What's the official word on this? If my wife came to the US on K-1 and we were married on Nov 8, 2010. How long do we have to file AOS?

Baron is right. There is no legal requirement to file for AOS. She will be "out of status" after 90 days. So what? Nothing, as long as she stays here, doesn't work, etc. If you want her to be able to work and travel outside the US, the get the green card filed for. If you don't do it within 90 days they do not deport her and nothing bad happens.

IF she leaves the country in an "out of status" condition, she will not be able to return. You would have to file an I-130 and het her a CR-1 visa.

File it as soon as you can.
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VERMONT!  I Reject Your Reality...and Substitute My Own!

Gary And Alla

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