WHEN TO APPLY FOR AOS

[CowBoE 429]

Since the AOS (and EAD/AP as well) processing starts after you file,

it's in your best interest to start the AOS/EAD/AP processing ASAP.

EAD/AP is taking ~3 months and GC can take ~6 to ~12+ months.

Without AP, your fiance(e) is likely unable to travel abroad and reenter US.

Without EAD, your fiance(e) won't be able to work (legally) in US.

Without EAD, your fiance(e) is likely unable to get a driver's license.

That said, if you have any doubt about you two being a good match

and that both are committed to each other...then this should take

precedence...so that you are not rushing into premature marriage decision

just to get the AOS filing started....because getting divorce and un-doing everything

from emotional, relationship, financial, etc. can be a big burden/stress.

Lastly...as many mentioned, you CAN file AOS after 90 days of her POE if necessary...

but I'm curious as to when such privilege goes away...(anyone know this?)

Good luck!

Edited April 12, 2015 by DualityOneness

[KayDeeCee 4,891]

Lastly...as many mentioned, you CAN file AOS after 90 days of her POE if necessary...

but I'm curious as to when such privilege goes away...(anyone know this?)

They don't. As stated previously in this thread, there is no time limit or deadline on your eligibility to file for AOS based on your entry with a K-1 as long as you married within 90 days of entry.

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

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.

[Dashinka 23,238]

As stated multiple times, there is no timeframe to file the AOS package (485, 765 and AP I forget the form number) after marriage within the 90 day period. The only thing I would add is that you may want to file as soon as you can if you have the filing fee ($1070) as it will help to avoid having to do another medical exam (I693) as your K1 medical is valid for one year.

Good Luck

[Kay&Jay 44]

Thank you so much guys for your response I really do appreciate it.Thank you