AOS Inquiry

[manila_2005 0]

Hello to All!

My passport was stamped permit to stay until June 25. Got married on April 8. I have not applied for AOS. When is it proper to send application? Can I hold on until 1st or 2nd week of June? I have no plans of working nor going out of the US for the next 12 months. Thanks in advance.

Note: I have started reading the tips on AOS process.

Manila

[Damian&Kelly 16]

I believe you go "out of status" once your K-1 expires but since your married your fine to hold off as long as you need to. many just file right away so they can work and leave the US and get their green card as soon as possible. I believe the sooner you get your green card the sooner you can apply for citizenship

[DakotaK1 1]

Hello to All!

My passport was stamped permit to stay until June 25. Got married on April 8. I have not applied for AOS. When is it proper to send application? Can I hold on until 1st or 2nd week of June? I have no plans of working nor going out of the US for the next 12 months. Thanks in advance.

Note: I have started reading the tips on AOS process.

Manila

It is best to apply for the AOS as soon as possible,even if your plans dont include leaving the country or working.

Being out of status is not the best thing int he world (I myself was out of Status for one month and did not have a SSN# and I was not able to do anything drivers licence and co.)

So just as an advice apply as soon as possible.

Edited May 5, 2008 by DakotaK1

[pushbrk 13,764]

I believe you go "out of status" once your K-1 expires but since your married your fine to hold off as long as you need to. many just file right away so they can work and leave the US and get their green card as soon as possible. I believe the sooner you get your green card the sooner you can apply for citizenship

Your belief is one of the most common errors we see. A K1 visa's expiration date becomes meaningless once the visa is used to enter the US. The "visa" is dead at that point. "Status" is derived by the I-94 (good for 90 days). When the 90 days is up, you're out of status but there is no stated penalty for failing to file AOS before the 90 days is up. Nevertheless, the sooner you file, the sooner you can work, travel and have permanent resident status.

In practice, the K1 expiration date could be up to 89 days sooner or up to 89 days after than the I-94 expiration. In any event it is meaningless once the visa is used it's one and only time.

[manila_2005 0]

I believe you go "out of status" once your K-1 expires but since your married your fine to hold off as long as you need to. many just file right away so they can work and leave the US and get their green card as soon as possible. I believe the sooner you get your green card the sooner you can apply for citizenship

Your belief is one of the most common errors we see. A K1 visa's expiration date becomes meaningless once the visa is used to enter the US. The "visa" is dead at that point. "Status" is derived by the I-94 (good for 90 days). When the 90 days is up, you're out of status but there is no stated penalty for failing to file AOS before the 90 days is up. Nevertheless, the sooner you file, the sooner you can work, travel and have permanent resident status.

In practice, the K1 expiration date could be up to 89 days sooner or up to 89 days after than the I-94 expiration. In any event it is meaningless once the visa is used it's one and only time.

Thank you everyone for your replies.