WHEN TO APPLY FOR AOS

[Kay&Jay 44]

Hi Guys was confused on something and was needing some clarifications on it..

What is the valid time in which to apply for a green card after marriage?

Does it have to be within 90 days of entry in the US or Does it have to be within the visa expiration date?

Please and thank you or your reply.

[Megan & Luke 93]

Hi Guys was confused on something and was needing some clarifications on it..

What is the valid time in which to apply for a green card after marriage?

Does it have to be within 90 days of entry in the US or Does it have to be within the visa expiration date?

Please and thank you or your reply.

Once the beneficiary enters the USA, a new clock of 90 days begins. The AOS should be filed at some point during these 90 days. The visa expiration date no longer matters - that date is only there to give an expiration on the time the beneficiary must travel to the USA. Others have adjusted status after the 90 days ends, however that begins a new topic. You'd have to file a spousal visa request and AOS together at that point.

Long story short - 90 days from the day of Point of Entry is the time frame to file AOS.

[Kay&Jay 44]

Once the beneficiary enters the USA, a new clock of 90 days begins. The AOS should be filed at some point during these 90 days. The visa expiration date no longer matters - that date is only there to give an expiration on the time the beneficiary must travel to the USA. Others have adjusted status after the 90 days ends, however that begins a new topic. You'd have to file a spousal visa request and AOS together at that point.

Long story short - 90 days from the day of Point of Entry is the time frame to file AOS.

thank you so much for your reply

[Lainie B 465]

Once the beneficiary enters the USA, a new clock of 90 days begins. The AOS should be filed at some point during these 90 days. The visa expiration date no longer matters - that date is only there to give an expiration on the time the beneficiary must travel to the USA. Others have adjusted status after the 90 days ends, however that begins a new topic. You'd have to file a spousal visa request and AOS together at that point.

Long story short - 90 days from the day of Point of Entry is the time frame to file AOS.

Not true - there is no requirement to file for AOS within the 90 days post-entry. The only requirement is that you marry within the 90 days. You can file AOS whenever you want. You do not need to file for a spousal visa if you file after the 90 days is up.

However the sooner you file, the sooner you can get your EAD and eventually green card, and it will make life easier in general. Once the 90-day I-94 expires you will start to accumulate overstay, but this is forgiven for a spouse of a US citizen so generally this is not a problem. Once you file I-485 for AOS you will be in a new period of authorized stay.

If you happen to marry after the 90 day window, that is when you would need to file form I-130 together with form I-485.

Edited April 12, 2015 by Lainie B

[Kay&Jay 44]

Not true - there is no requirement to file for AOS within the 90 days post-entry. The only requirement is that you marry within the 90 days. You can file AOS whenever you want. You do not need to file for a spousal visa if you file after the 90 days is up.

If you happen to marry after the 90 day window, that is when you would need to file form I-130 together with form I-485.

However the sooner you file, the sooner you can get your EAD and eventually green card, and it will make life easier in general.

Please I need more info about this.

[Al422 221]

Yes, 90 days form the date of POE.

The penalty for late filing, however, is minimal at best. They stil process your application and stil grant a green card if your AOS application is othterwise good.

Many people file late because the $1070 filing fee is more than a lot of people can afford.

Just don't file very late, like 6 months late. because then you will get some unwanted atttention.

Edited April 12, 2015 by Al422

[TBoneTX 43,017]

*** Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- topic pertains to AOS. ***

[Megan & Luke 93]

Not true - there is no requirement to file for AOS within the 90 days post-entry. The only requirement is that you marry within the 90 days. You can file AOS whenever you want. You do not need to file for a spousal visa if you file after the 90 days is up.

However the sooner you file, the sooner you can get your EAD and eventually green card, and it will make life easier in general. Once the 90-day I-94 expires you will start to accumulate overstay, but this is forgiven for a spouse of a US citizen so generally this is not a problem. Once you file I-485 for AOS you will be in a new period of authorized stay.

If you happen to marry after the 90 day window, that is when you would need to file form I-130 together with form I-485.

Edited April 12, 2015 by Megan & Luke

[Megan & Luke 93]

Not true - there is no requirement to file for AOS within the 90 days post-entry. The only requirement is that you marry within the 90 days. You can file AOS whenever you want. You do not need to file for a spousal visa if you file after the 90 days is up.

However the sooner you file, the sooner you can get your EAD and eventually green card, and it will make life easier in general. Once the 90-day I-94 expires you will start to accumulate overstay, but this is forgiven for a spouse of a US citizen so generally this is not a problem. Once you file I-485 for AOS you will be in a new period of authorized stay.

If you happen to marry after the 90 day window, that is when you would need to file form I-130 together with form I-485.

Not sure why my last post errored out.. I'm not able to edit it either. Stupid iPhone posting.

I am adding an addendum to my original post because I can't edit that either and I misread the OP's original question.

If you marry after 90 days of POE you file I-130 and I-485 - Petition for Alien Relative and your AOS papers together since you didn't marry on a K-1.

If you marry within 90 days of POE you can file I-485 at any point. There is no stated USCIS requirement to file AOS within those 90 days, but their intention is for your spouse to file as soon as your visa requirements are fulfilled.

I understand some people have monetary reasons behind not being able to file AOS within the 90 days - it's pretty pricey at $1,070. I would suggest you marry within the 90 days however as you'll incur a much larger cost if you don't when you have to file both together.

[Cody and Daisy 373]

OP said nothing about marrying after 90 days.

OPs question was when to file aos- before or after the 90 days are up.

Answer is plain and simple.

You can file any time after you are married.

I filed two months after my 90 days ran up because I didn't have the money earlier.

You will be out of status until you file but that is forgiven once you file.

(Just obviously don't let it be years ?)

[Cathi 5,609]

the k-1 expired the moment you entered the country

[Yanirose 64]

OP said nothing about marrying after 90 days.

OPs question was when to file aos- before or after the 90 days are up.

Answer is plain and simple.

You can file any time after you are married.

I filed two months after my 90 days ran up because I didn't have the money earlier.

You will be out of status until you file but that is forgiven once you file.

(Just obviously don't let it be years ?)

So just a quick Q Cody & Daisy,

If you get married within the 90 days and also file AOS form I-485 within those 90 days it is going to to cost $1040.00 but you don't have to file I-130 BUT if you decide to file the AOS after the 90 days timeframe you have to file both form I-130 + AOS.

Did I get this right

Edited April 12, 2015 by Yanirose

[Pitaya 2,576]

Not true - there is no requirement to file for AOS within the 90 days post-entry. The only requirement is that you marry within the 90 days. You can file AOS whenever you want. You do not need to file for a spousal visa if you file after the 90 days is up.

However the sooner you file, the sooner you can get your EAD and eventually green card, and it will make life easier in general. Once the 90-day I-94 expires you will start to accumulate overstay, but this is forgiven for a spouse of a US citizen so generally this is not a problem. Once you file I-485 for AOS you will be in a new period of authorized stay.

If you happen to marry after the 90 day window, that is when you would need to file form I-130 together with form I-485.

Lainie B is spot-on.

[Cody and Daisy 373]

So just a quick Q Cody & Daisy,

If you get married within the 90 days and also file AOS form I-485 within those 90 days it is going to to cost $1040.00 but you don't have to file I-130 BUT if you decide to file the AOS after the 90 days timeframe you have to file both form I-130 + AOS.

Did I get this right

You can file AOS, AP and EAD any time after marriage, before or after the 90 days and it'll be 1070 as AP and EAD are free when filed alongside AOS.

[KayDeeCee 4,891]

So just a quick Q Cody & Daisy,

If you get married within the 90 days and also file AOS form I-485 within those 90 days it is going to to cost $1040.00 but you don't have to file I-130 BUT if you decide to file the AOS after the 90 days timeframe you have to file both form I-130 + AOS.

Did I get this right

No. There is no deadline to file for AOS if you married within 90 days. No I-130 needed if married within 90 days, no matter when you file. I-130 is only needed if you did not marry within 90 days of entry.

This post got overly confusing with someone adding in the incorrect info about needing a spousal visa.

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.

There are no penalties at all for 'late filing' because there is no such thing.