Getting Married + Applying for AOS - how soon is AOS confirmed?

[GodRaine 0]

Hi everyone! <3

I was wondering about a particular part of this process. I know from my research here that once I get my K1, go to the USA, and get the marriage license, my immediate next step is to apply for Adjustment of Status (AOS).

I'm planning on ensuring that we get married ASAP. Whenever my 90 day date range is, I want to fly on day 1, get married on day 2, and apply for AOS on day 3.

If I do that (and theoretically have 87 days remaining) do you guys think that there's any sort of possibility that the AOS will come after the 90 day period is over? What happens if it does?

Thanks everyone.

[newacct 688]

First of all, in order to apply for AOS, you need the certified copy of marriage certificate, which will often take weeks to get. So it's pretty unlikely you will "apply for AOS on day 3".

Second, I don't know what you mean by "AOS will come after the 90 day period is over". What is "AOS will come"? You can apply for AOS either before or after the 90 days. Once you apply (and it is received) then you have applied. They will send you a receipt in a few days. (And even before that you may get a notification by SMS.) Mail in the US is not so slow that it takes more than a few days for things to get from here to there.

[GodRaine 0]

First of all, in order to apply for AOS, you need the certified copy of marriage certificate, which will often take weeks to get. So it's pretty unlikely you will "apply for AOS on day 3".

Second, I don't know what you mean by "AOS will come after the 90 day period is over". What is "AOS will come"? You can apply for AOS either before or after the 90 days. Once you apply (and it is received) then you have applied. They will send you a receipt in a few days. (And even before that you may get a notification by SMS.) Mail in the US is not so slow that it takes more than a few days for things to get from here to there.

Thank you! I have some more reading to do, I think

By "AOS will come" I simply mean when the actual change is made - how much time is there (on average) between when I apply and when my status is actually changed so that I am allowed to work within the USA. I was concerned that if the actual change allowing me to work in the USA came after the 90 day period that it would be problematic, but you've said that you can apply even after the 90 day period is over, which eases my mind a bit.

From what you're saying, receipt of my application is received in a few days or shorter, by mail or SMS, so that's a plus.

Again, thank you for your help, I appreciate it.

[newacct 688]

Thank you! I have some more reading to do, I think

By "AOS will come" I simply mean when the actual change is made - how much time is there (on average) between when I apply and when my status is actually changed so that I am allowed to work within the USA. I was concerned that if the actual change allowing me to work in the USA came after the 90 day period that it would be problematic, but you've said that you can apply even after the 90 day period is over, which eases my mind a bit.

From what you're saying, receipt of my application is received in a few days or shorter, by mail or SMS, so that's a plus.

Again, thank you for your help, I appreciate it.

When Adjustment of Status is approved in the end, the result is that you are a permanent resident, i.e. you have a green card. AOS may take around a year. It's hard to predict. But you shouldn't worry about how long AOS takes.

As soon as you apply for AOS (they receive the application), you are authorized to stay in the US. The receipt which you will receive quickly will be proof of that.

For work, you should apply for an EAD for free together with applying for AOS. The EAD allows you to work and you should get it in about 3 months from applying, no matter how long AOS takes.

[GodRaine 0]

When Adjustment of Status is approved in the end, the result is that you are a permanent resident, i.e. you have a green card. AOS may take around a year. It's hard to predict. But you shouldn't worry about how long AOS takes.

As soon as you apply for AOS (they receive the application), you are authorized to stay in the US. The receipt which you will receive quickly will be proof of that.

For work, you should apply for an EAD for free together with applying for AOS. The EAD allows you to work and you should get it in about 3 months from applying, no matter how long AOS takes.

Excellent - thank you for the advice. I'll check on that and ensure that that's in my plan when I get down there - I want to get to work right away.

I was confused about how long the AOS would take to arrive and this definitely helped. Thank you again.

[Yuri S 4]

Thank you! I have some more reading to do, I think

By "AOS will come" I simply mean when the actual change is made - how much time is there (on average) between when I apply and when my status is actually changed so that I am allowed to work within the USA. I was concerned that if the actual change allowing me to work in the USA came after the 90 day period that it would be problematic, but you've said that you can apply even after the 90 day period is over, which eases my mind a bit.

From what you're saying, receipt of my application is received in a few days or shorter, by mail or SMS, so that's a plus.

Again, thank you for your help, I appreciate it.

hello godraine :-)

As soon as you submit your AOS application with your I 765 form for Employment Authorization, they will send a notification letter after a week. And then within a month (depends on which state it can be faster or slower)they will send you an appointment for biometrics and shortly after that , your employment authorization card will be send to you by mail. You will be able to get a job as soon as you have it.

The green card takes longer, some states take only 5 months but some takes a year. I am also waiting for my green card. It has been 8 months since I applied and I didnt get an appointment for interview yet. I dont think its possible to submit it on the 3rd day because you will need to get your social security number too.

Anyway, Goodluck to you and welcome to america :-)

[B-2-Z 37]

I got my certified married certificate like 15 minutes after we registered the wedding. I guess we got lucky. I don't think it's reasonable to think the AOS is going to be within the 90 days...A lot of people wait 6months-1 year for it... But I'd say it's a pretty good bet you could get the EAD/AP pretty close to that. I think on average it's taking about 75-80 days for them right now. If you want to work right away and have a good reason for it, you can try to expedite the EAD. If you want more info on timelines you should go into the different AOS threads and look at a couple of them.

[Pitaya 2,576]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS processes~

[KayDeeCee 4,891]

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.

This is what you do after you enter the US >

Print out your I-94 info > https://i94.cbp.dhs.gov/I94/request.html

Follow this guide for getting the SSN > http://www.visajourney.com/content/ssn

Follow this guide for AOS > http://www.visajourney.com/content/k1k3aos

The fees are listed here > http://www.uscis.gov/i-485

The fees for the I-765(EAD-work authorization) and I-131(AP-advance parole for travel) are waived when filed with a pending I-485, so include both of those too. It takes about 60-90 days to receive the EAD/AP combo card, which will allow you to work(along with an SSN) and re-enter the US when traveling abroad while waiting for the green card approval.

You need all the supporting documents for each form as well, so read the instructions for each one. You can also search here on VJ for what to include with each form if you get stumped. There are also example forms here on VJ you can look at when filling out the forms. They can be helpful.

And here are the details you need about whether or not you need to see a civil surgeon > http://www.visajourney.com/forums/topic/551080-immunizations-ds-3025-or-i-693/