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WHEN TO APPLY FOR AOS

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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.


I-129F sent:06/06/2014

Package Accepted:06/09/2014

NOA1(EMail & Text):06/12/2014

Hardcopy Received(Mail):06/14/2014

Service Request Submitted:10/30/2014

Alien Registration number changed:11/04/2014

NOA2(Email&Text):12/29/2014

NOA2(Hardcopy Received):12/26/2014

NVC Arrived:1/06/2015

NVC Left:1/21/2015

Sent to the Embassy:1/22/2015

Embassy Received:1/26/2015

Medical Date:01/30/2015

Interview Date :02/18/2015

Visa in Hand:3/11/2015

Marriage Date :04/06/215

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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.


Our K-1 at Texas Service Center

I-129F Sent: 07-02-14 (USPS Overnight Express)
I-129F Rcvd: 07-03-14
NOA1: 07-08-14

NOA1 Hardcopy: 07-14-14

ARN Changed: 07-16-14

NOA2: 01-23-15 (199 days)

Sent to NVC: 01-27-15

NOA2 Hardcopy: 01-30-15 (No consulate listed, inquiry opened)

NVC Received: 02-06-15 (Case # assigned)

NVC Sent: 02-19-15

London Embassy Received: 02-23-15

Readiness Submitted: 03-02-2015

Packet 3 Received: 03-03-2015

Packet 4 Received: 03-12-2015

Medical: 03-04-15 (Passed)

Interview: 04-10-2015 (Approved!)

Visa Issued: 04-15-2015

Visa In Hand: 04-21-2015

POE: 05-03-2015

Wedding: July 10, 2015

3,419 miles (L) Distance means nothing when your heart says "I love you"

YVjFm5.png

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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


I-129F sent:06/06/2014

Package Accepted:06/09/2014

NOA1(EMail & Text):06/12/2014

Hardcopy Received(Mail):06/14/2014

Service Request Submitted:10/30/2014

Alien Registration number changed:11/04/2014

NOA2(Email&Text):12/29/2014

NOA2(Hardcopy Received):12/26/2014

NVC Arrived:1/06/2015

NVC Left:1/21/2015

Sent to the Embassy:1/22/2015

Embassy Received:1/26/2015

Medical Date:01/30/2015

Interview Date :02/18/2015

Visa in Hand:3/11/2015

Marriage Date :04/06/215

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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.


I-129F sent:06/06/2014

Package Accepted:06/09/2014

NOA1(EMail & Text):06/12/2014

Hardcopy Received(Mail):06/14/2014

Service Request Submitted:10/30/2014

Alien Registration number changed:11/04/2014

NOA2(Email&Text):12/29/2014

NOA2(Hardcopy Received):12/26/2014

NVC Arrived:1/06/2015

NVC Left:1/21/2015

Sent to the Embassy:1/22/2015

Embassy Received:1/26/2015

Medical Date:01/30/2015

Interview Date :02/18/2015

Visa in Hand:3/11/2015

Marriage Date :04/06/215

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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 by Al422

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


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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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 by Megan & Luke

Our K-1 at Texas Service Center

I-129F Sent: 07-02-14 (USPS Overnight Express)
I-129F Rcvd: 07-03-14
NOA1: 07-08-14

NOA1 Hardcopy: 07-14-14

ARN Changed: 07-16-14

NOA2: 01-23-15 (199 days)

Sent to NVC: 01-27-15

NOA2 Hardcopy: 01-30-15 (No consulate listed, inquiry opened)

NVC Received: 02-06-15 (Case # assigned)

NVC Sent: 02-19-15

London Embassy Received: 02-23-15

Readiness Submitted: 03-02-2015

Packet 3 Received: 03-03-2015

Packet 4 Received: 03-12-2015

Medical: 03-04-15 (Passed)

Interview: 04-10-2015 (Approved!)

Visa Issued: 04-15-2015

Visa In Hand: 04-21-2015

POE: 05-03-2015

Wedding: July 10, 2015

3,419 miles (L) Distance means nothing when your heart says "I love you"

YVjFm5.png

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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.


Our K-1 at Texas Service Center

I-129F Sent: 07-02-14 (USPS Overnight Express)
I-129F Rcvd: 07-03-14
NOA1: 07-08-14

NOA1 Hardcopy: 07-14-14

ARN Changed: 07-16-14

NOA2: 01-23-15 (199 days)

Sent to NVC: 01-27-15

NOA2 Hardcopy: 01-30-15 (No consulate listed, inquiry opened)

NVC Received: 02-06-15 (Case # assigned)

NVC Sent: 02-19-15

London Embassy Received: 02-23-15

Readiness Submitted: 03-02-2015

Packet 3 Received: 03-03-2015

Packet 4 Received: 03-12-2015

Medical: 03-04-15 (Passed)

Interview: 04-10-2015 (Approved!)

Visa Issued: 04-15-2015

Visa In Hand: 04-21-2015

POE: 05-03-2015

Wedding: July 10, 2015

3,419 miles (L) Distance means nothing when your heart says "I love you"

YVjFm5.png

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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 ?)


My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

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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 :huh2:

Edited by Yanirose

Patience Is A Virtue - [The Beneficiary]


AOS From K1:
Approved 26th of September 2016
 

ROC

Filed - 9th of July 2018 (Package sent)

Packed Delivered: 12th of July 

NOA dated: 20th of July (I didn't receive it physically until August 6th. due to USCIS sending it to my previous address.)

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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. :thumbs:


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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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 :huh2:

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.

My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

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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 :huh2:

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.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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