AOS time due

[oregon30 0]

Hello does anybody knows how long do I have after k-1 VISA expire to file for the AOS? I am already marry.

Thanks in advance.

[alex and astrid 38]

Really, there is no set time limit for you to file AOS. Mostly everyone agrees that you should file for it as soon as you are able, but, some couples cannot do that. The longer you leave it, the longer you cannot work and such.

[Brad and Vika 129]

Really, there is no set time limit for you to file AOS. Mostly everyone agrees that you should file for it as soon as you are able, but, some couples cannot do that. The longer you leave it, the longer you cannot work and such.

I disagree. If the K-1 has expired before you file for AOS, I think that puts you out of status. This is a more serious problem than just with working. You should file AOS before the K-1 90 day period runs.

Here is a link to the guides, a timeline discussing AOS towards the end. visa timeline

[VanessaTony 3,567]

Really, there is no set time limit for you to file AOS. Mostly everyone agrees that you should file for it as soon as you are able, but, some couples cannot do that. The longer you leave it, the longer you cannot work and such.

Astrid is correct. There is no set time limit for applying for AOS. As long as you are married in the 90 days then you can file AOS whenever you want.

HOWEVER, the issue arises that you ARE out of status. While whether you are deportable or not is up for debate (I do not believe you are, but they can still lock you up and make life difficult by making you go to court etc) you cannot work, and you cannot leave the country. You cannot get a drivers licence (well you might be able to but only valid till the I-94 expires.. this is state dependent). If you are detained by ICE they will typically detain you and make you go to court, who will then tell you to file AOS asap (this has always happened SO FAR, but there is sure to be the exception to the rule one of these days). It is stressful to be out of status, and I personally feel that it would help the immigrant to get accustomed to American life quicker if they had the same rights (more or less) as they do back home, such as driving, traveling, working etc.

I personally took the risk and went "out of status" on Dec 11th 2009. I haven't been able to do ANYTHING. I cannot drive myself around (some insurance companies don't like international licences.. some do though), I cannot work. I am INCREDIBLY bored the majority of the time but unfortunately things in life happened which meant we could not file AOS as soon as we had initially planned to. I didn't (and don't) really "live in fear" of running into immigration officers (even living in Houston) but I do admit occasionally I did think about it and wonder where we would get the money to bail me out of detention, and then lawyers fees and then money to file AOS immediately when the judge tells me to... so I stayed home mostly unless I went out with my husband. I am SO EXCITED about getting my greencard soon. I want to work. I want to drive. I want to be "normal" and I really think the immigrant in your relationship will really appreciate you getting it done ASAP.

Best of luck with your decision.

I disagree. If the K-1 has expired before you file for AOS, I think that puts you out of status. This is a more serious problem than just with working. You should file AOS before the K-1 90 day period runs.

Here is a link to the guides, a timeline discussing AOS towards the end. visa timeline

You can disagree all you like but it doesn't make what Astrid said in ANY way incorrect. The question was, "is there a deadline" and no there isn't. There are issues such as not driving and not working which are much more prevalent than the "horror stories" of people being locked up. I don't believe in scaremongering by saying it WILL happen (just ask JustBob who was out of status for 13 or so years).. the possibility is there but Astrid's answer is still correct. NO DEADLINE.

Edited April 29, 2010 by Vanessa&Tony

[TBoneTX 45,522]

I disagree. If the K-1 has expired before you file for AOS, I think that puts you out of status. This is a more serious problem than just with working. You should file AOS before the K-1 90 day period runs.

Piggybacking on Vanessa's accurate observations, here's another correction: The K-1 visa is "dead on arrival" at the POE. The I-94 is what expires in 90 days.

[Phayamoa 0]

Do you guys think it would be safe for myself to delay filing my spouse's Adjustment of Status, by approximately eight days?

Is it recommended to inform ICE officials? How to proceed with this plan? Thanks

[Brad and Vika 129]

So, to the OP - you see the advantages on VJ of posting publicly. A fair number of folks waiting in the wings to police each post, and pick with each other, or defend each other over the technicalities. If it matters not to you that you can be detained or go through what is described above because there is technically no deadline - go for it. I think that is terrible advice (hereby encouraging fire spitting), but each to their own. The link I posted suggests moving forward before 90 days are up - and I cannot see at all what difference it makes if it is the visa itself or the I-94 that triggers the status problem. File your AOS sooner rather than later, unless there is some big reason you can't. Good luck!

[alex and astrid 38]

I disagree. If the K-1 has expired before you file for AOS, I think that puts you out of status. This is a more serious problem than just with working. You should file AOS before the K-1 90 day period runs.

Here is a link to the guides, a timeline discussing AOS towards the end. visa timeline

Fair enough, yes, you do start accruing out of status days, but the question was, is there a time limit. I just gave the simple answer of no, there is not, but it's always a good idea to file ASAP. There are LOTS of people on this site who are delayed in AOS'ing because of financial reasons or whatnot. Some people are delayed because they choose to marry right at the end of the 90 day period. Some are delayed because they are waiting on the documents needed to process the AOS. YES, it does go with some risk, and YES, it means there are several things you cannot do. I don't think it is a good idea to delay it on purpose, but life happens.

I don't think I was giving bad advice at all, and I certainly wasn't advocating putting off filing- One look at my signature tells you I AOS'ed within three weeks of my wedding. I was saying what most people would have said. We all know that AOS filing times are a massive point of contention and people get riled up about it.

Brad and Vika said

"I cannot see at all what difference it makes if it is the visa itself or the I-94 that triggers the status problem."

There is a difference, especially for the K1. A K1 is cancelled upon entry, so any date on it is rendered void. The visa date has nothing to do with anything once you cross the border. Only the date on the I-94 is used to determine when status ends.

Phayamoa - You do not need to inform ANYONE but USCIS about when you are filing AOS, so you do not need to tell ICE. I assume that by delaying it another week or so, it will put you over the 90 day period? At risk of pi$$ing off other posters - you should be fine. Just don't go doing anything illegal or stupid.

Edited April 29, 2010 by alex and astrid

[VanessaTony 3,567]

Do you guys think it would be safe for myself to delay filing my spouse's Adjustment of Status, by approximately eight days?

Is it recommended to inform ICE officials? How to proceed with this plan? Thanks

8 days should be just fine. Like I said I waited much longer than that. There is always a risk but as Astrid said people have waited for several reasons.

Get all the paperwork together at the very least so that when it's time to file, you're set to go. Once you receive the NOA1 keep this somewhere safe as this is proof to ICE officials that you have done the right thing and are awaiting results of your filing.

If you're at all concerned have your spouse sit at home for those 8 days. They aren't going to come knocking on your door. It's best to avoid public transport such as buses and also to stay 100 miles away from any US border (so the story goes).

IF however you have the money to file now, I would suggest you do so, just for that extra bit of security for your spouse but like I said, the big bad wolf isn't going to come knocking on your door the day after the I-94 expires.

Best of luck with your decision.

[Brad and Vika 129]

Fair enough, yes, you do start accruing out of status days, but the question was, is there a time limit. I just gave the simple answer of no, there is not, but it's always a good idea to file ASAP. There are LOTS of people on this site who are delayed in AOS'ing because of financial reasons or whatnot. Some people are delayed because they choose to marry right at the end of the 90 day period. Some are delayed because they are waiting on the documents needed to process the AOS. YES, it does go with some risk, and YES, it means there are several things you cannot do. I don't think it is a good idea to delay it on purpose, but life happens.

I don't think I was giving bad advice at all, and I certainly wasn't advocating putting off filing- One look at my signature tells you I AOS'ed within three weeks of my wedding. I was saying what most people would have said. We all know that AOS filing times are a massive point of contention and people get riled up about it.

Brad and Vika said

There is a difference, especially for the K1. A K1 is cancelled upon entry, so any date on it is rendered void. The visa date has nothing to do with anything once you cross the border. Only the date on the I-94 is used to determine when status ends.

Phayamoa - You do not need to inform ANYONE but USCIS about when you are filing AOS, so you do not need to tell ICE. I assume that by delaying it another week or so, it will put you over the 90 day period? At risk of pi$$ing off other posters - you should be fine. Just don't go doing anything illegal or stupid.

I think maybe I misunderstood you, sorry if so. It sounded like a couple of you were saying that waiting past the 90 days was no biggie. For some folks it probably isn't. My wife would have been hysterical though, at the thought of being unable to visit relatives for an extended period. I know a Ukrainian here that waited too long, and was stuck for years fixing her status - and she and her son were unable to go back to Europe without in turn giving up the ability to come back. Tough on the grandparents too.

And my point about the documents was only that if you are out of status, it really doesn't matter to you that it was the I-94 expiration, and not the K-1 that caused it. You have the same problem no? Based on what I have seen here, and what I know about Eastern European culture and family, I would suggest the OP get the cash together somehow and overnight the AOS paperwork if necessary. Lots of stories about people forgetting or plain sandbagging their spouse, and then finding that there is a huge mess to clean up. Huge of course being a matter of perspective