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robhardin234

Timeline after getting Married on Sending in I-485 packet

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We are officially married as of November 14th, 2016. Her I-94 states the end of the visa is on January 4th, 2017. Are we in any impending doom of her having to leave the country if we don't file immediately? I know we need to apply for her GC, but how long do we have after being married to do so?

Basically my concerns are if we have not applied for her green card by January 4th, 2017 will she be forced to leave.

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She won't be forced to leave just because it expires.

There isn't a time limit to apply for AOS based off K-1 visa, but just be aware that once her I-94 has expired she will be out of status. If she commits any crimes, is around a crime being committed, or anything else may happen, she will be considered the same as any other person who has overstayed their visa,

It's best to apply for it as soon as possible. Not only for the protection of being put in a legal status, but so she can be closer to working, having a drivers license, and be able to leave the country if she needs too.


My husband put in his AOS application a month after his I-94 expired, but it didn't hurt anything.

Edited by Ash.1101

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i arrived jan 2010 on my k1 and applied for AOS april 2016 and i got my green card approved with no hassle what so ever... even at my interview they didnt really question the 6 year gap. as long as she isnt committing any crimes then immigration wont bother her.. I would file sooner rather than later cause as previous poster said she cannot work until the AOS as been submitted just remember to file the EAD at the same since its the EAD that allows her to work while the AOS is pending.. The EAD suualy takes 75-90 days for approval

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Also can we apply for her social security card now and change her last name then send in our I-485 packet? Or should we just wait until she gets her green card to get a social security and change her last name then?

Little confused about when she can change her last name.

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Also can we apply for her social security card now and change her last name then send in our I-485 packet? Or should we just wait until she gets her green card to get a social security and change her last name then?

Little confused about when she can change her last name.

When married and she has the marriage certificate that is legal proof of name change :)

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