AoS for K-1

[aljhel 0]

Anyone know how long a K-1 holder, after marriage, has to file adjustment of status? I know K-3s get 2 years to file? ANy information is appreciated

[ranjen0703 0]

Anyone know how long a K-1 holder, after marriage, has to file adjustment of status? I know K-3s get 2 years to file? ANy information is appreciated

I believe you're given 3 mos after marriage to process AOS. But it's recommended to file it right immediately.

[payxibka 10,045]

it is probably best to post an AOS type questions in the AOS forum. Greater chances of a proper answer. moving to AOS forum

There is no defined or mandated time frame for AOS. The best is as soon as practical, the sooner is better than later but later is better than never.

Once the I-94 expires, the alien is accruing out of status time and subject to deportation if found (though expect no one to come looking). This remains the situation until the I-485 is filed.

[Bobby+Umit 161]

There is a mandated time for the AOS, on the I-485 form, section 10, Who is Not Eligible to Adjust Status?; subsection D:

D. Your authorized stay expired before you filed this application;

So, going by the written instructions, you must AOS before your I-94 expires.

It doesn't have any wording in the instructions that it will be "forgiven". They do tend to "overlook" it, but there are cases here where people had problems while in non-AOS limbo after the I-94 expired.

So make all attempts to adjust ASAP and prior to your I-94 expiring.

[Crazy & Mad 0]

http://travel.state.gov/visa/immigrants/ty...s_2994.html#How

What Must Happen After Getting the Fiancé(e) Visa?

After getting the fiancé(e) visa, your fiancé(e) enters the U.S. through a U.S immigration port-of-entry. The U.S. immigration official gives your fiancé(e) instructions on what to do when he/she enters the United States. You must get married within 90 days of your fiancé(e)’s entry into the United States.

After marriage, your spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR). See Permanent Resident at the Department of Homeland Security's, USCIS internet site.

"Do it with in 90 Day .. Just send AOS Application to USCIS before ur I-94 expire. that way u have proof to adjust ur status before in 90 time limit "

Good Luck...

Edited March 26, 2009 by Crazy & Mad

[Otto 83]

Anyone know how long a K-1 holder, after marriage, has to file adjustment of status? I know K-3s get 2 years to file? ANy information is appreciated

You want to do so (file AOS) as soon as possible. When your I-94 expires (90 days after entry) your status becomes "Out of Status" - in order to protect your status, you should file AOS - filing AOS will make your status "Pending."

There is no real reason a K1 entrant would want to wait to file AOS - if it for financial reasons, you should do everything possible to acquire the money - it doesn't get any cheaper and you can not enjoy the benefits of residency until you do (work, travel, drive, etc).

See also VJ FAQs

[Gary and Alla 3,694]

Anyone know how long a K-1 holder, after marriage, has to file adjustment of status? I know K-3s get 2 years to file? ANy information is appreciated

You have 90 days from her arrival in the USA to get married AND file for AOS. NOT 90 days "from marriage". You are required to file for the AOS before her I-94 expires.