Change of status time?

[Bryan+Nelia 4life 0]

My question is how long after you get married do you to file change of status? We will go get married tomorrow after she has been here already two months. I know you need to be married within three months of her arrival, but does this also include filing for change of status? I need a little longer for the $1000 filing fee so Im hoping its not the same time line.

[Ban Hammer 13,996]

not a regional specific topic, moved from pi regional to Adjustment of Status (Green Card) from Family Based Visas

[Scott and Mhay 57]

you file as soon as practical. (I believe you have to wait for the marriage certificate right?) Technically you could marry on the 90th day and be good...you would still adjust status.

[evemonte 0]

My question is how long after you get married do you to file change of status? We will go get married tomorrow after she has been here already two months. I know you need to be married within three months of her arrival, but does this also include filing for change of status? I need a little longer for the $1000 filing fee so Im hoping its not the same time line.

best wishes and congratulations! ideally, you should file for AOS before she is out of status, that is before her k1 visa expires.

[iahmjpinoy 6]

best wishes and congratulations! ideally, you should file for AOS before she is out of status, that is before her k1 visa expires.

Actually, your K-1 expires when you enter @ your POE into the US... I think you meant to say before the I-94 expires in 90/days. We filed 6/months after we got married and our interview for AOS is next month. I would at least try to file before the medical she took in Phils expires, as you won't need to do it again as long as you file the AOS within a year of her med exam in Phils so all she would need is the vaccination transcribed to the I-693...

Good luck & ingats!

Edited March 16, 2010 by iahmjpinoy

[Bryan+Nelia 4life 0]

Ok thx guys. I knew I was in the wrong forum, but I always seem to get a fast response there. So there really isnt a deadline for her to file? What kinda of status is she as a person in the USA if we waited say 6 months after entry?

[VanessaTony 3,567]

Ok thx guys. I knew I was in the wrong forum, but I always seem to get a fast response there. So there really isnt a deadline for her to file? What kinda of status is she as a person in the USA if we waited say 6 months after entry?

She is technically out-of-status. She can't work or get a drivers licence.

She needs to avoid public transport as while she isn't deportable, if ICE (immigration and customs enforcement) catches her (which they tend to do a bit on public transport) they will detain her and you will need to pay the fees to get her out, court fees (where the judge will just tell you to file AOS) and then you need to file AOS asap.

It's incredibly boring (trust me as this is my situation) and she basically needs to sit at home (or go out with friends) while she waits for you to file AOS. It gets very tiresome. If you have the ability to borrow money or get a loan to file it, I suggest you do that.

Filing after the I-94 is technically fine. You stand just as much chance as if it wasn't expired. It's just very boring and she can't work and she can't get a drivers licence, and if something happens at home in the Philippines (**knock on wood**) then she can't leave either otherwise she's abandoning her case.

Edited March 16, 2010 by Vanessa&Tony

[iahmjpinoy 6]

Ok thx guys. I knew I was in the wrong forum, but I always seem to get a fast response there. So there really isnt a deadline for her to file? What kinda of status is she as a person in the USA if we waited say 6 months after entry?

I wouldn't say there 'isn't' a deadline for her to file. I've read where people filed 2/yrs after they married and worked out fine, BUT... that's a chance you'll have to take..

Well, if you wait 6/months after entry, she would be 'out of status', which means, she can basically get deported. That's because the I-94 is only good for 90/days.

I would just recomment doing it as soon as possible after getting married. Some people like to give others hard time cus they can't do it right away, but in the real world, things can happen so that you can't just file as soon as your married. So, just file as soon as you can and you should be ok...

Good luck!

[vol4life 0]

<P>You dont have to worry about a deadline or date when to file your AOS.  It is good if you can file it as soon as possible.  Just make sure that you have your Marriage Certificate if there will be any reason for her to be questioned or something.  Her status will be on what the USCIS calls Authorized by the Attorney General.  There will be no problem about it as long as you are really married, so secure a marriage certificate.  I and my husband have to wait sometime too to save up for the fee.  My visa expired in October 2009 and my 90 day allowance to get married expired in September 2009, although we got no problem with it because we got married in August 2009.<BR><BR>But here's the deal.  You have to make sure that she got her SSN.  When you go to SS Adminstration Office show them your I-94, visa / passport.  I and my husband did not fuss on these people to give us SSN, so we thought we dont need it anway, we forgot about the medical insurance.  It gave us so much problem because when it was time for him to file my insurance, SSN is required.  So it won't be possible for me to use the insurance unless I have the SSN.  If ever you still have not applied for it, please do ASAP.  The staff at SSA Office may not be aware that a K-1 visa is not eligible for SSN but insist that you are, and you are getting one for non working purposes.  Your wife won't be entitle for SSN for working purpose til she gets her EAD.  If your I-94 get expired, you will not be able to get your SSN because you have to wait for your EAD which might take like at least 2 months.  So, if you want to be insured for medical reasons that is one good thing to consider after your wedding.<BR><BR>We're almost done with the AOS procedure now.  I am just waiting for my 2 year conditional card.  I got my EAD too.  <BR><BR>Also, if you have the vaccination record from St. Lukes you might wanna do and complete the vaccination before you file your AOS.  If you file the AOS without the completed vaccination, you will be sent an RFE(Request for Evidence) to complete the vaccination.  I tell you you will spend so much money again for medical examinations that you have to repeat just because of the vaccination.  So, if you might want to find a Civil surgeon who can sign that the vaccination is already complete. so when you file you dont have to redo the whole medical exam, which I did.<BR><BR>You might wanna read on this:<BR><BR><A href="http://www.visajourney.com/faq/k1k2visa-aos.html">http://www.visajourney.com/faq/k1k2visa-aos.html</A><BR><BR></P>