AOS Filing

[KarimaG 2]

QUOTE: When you apply to adjust status in the States, assuming you as a K-1 holder apply within one year of the original medical,

I have heard so many different things. My husband got here on a k1 February 1st, 2010. We were to get married before April 30th, 2010 per conditions of the k1. I have heard different things from many people. I have heard we have 6 months from Feb 1st to file our aos. I have heard we have 3 months from April 30th to file. I have also heard we have 6 months from April 30th to file, and I heard there is NO time limit to file aos. Danged if I aint confused. I waiting on some important documents that we need to included with out AOS papers that cant seem to make it here by mail no matter HOW MANY TIMES its mailed to us. This is our primary frustration. So thats why there is a question on our time limit to file. Once we get those documents we will file... but until then... wait wait wait! I cant seem to find a reliable answer anywhere. And I have read through AOS proceedures but they seem vague. Can anyone help with answering this? Is there a time limit? And if there is, how long do we have and from what date does it begin?

Many thanks!

[Kathryn41 3,205]

I know it is confusing and there are a lot of different interpretations out there because of the ambiguity.

Basically, the K-1 visa holder enters the US and has 90 days in which to satisfy the condition of the K-1 visa - which is to get married to their sponsor. The 90 days are determined by the I-94. Once the I-94 expires, the period of time in which to satisfy the visa requirements also expires. If you did get married within those 90 days, then you are allowed to apply for permanent residency based upon meeting the conditions of the K-1 visa. If you did not get married within those 90 days then you are not allowed to apply for permanent residency based upon the K-1 visa and have to submit a new petition - the I-130, which needs to be approved before the AOS can be adjudicated.

There is no actual time frame imposed by which you must apply for AOS, however there are a number of factors to consider when deciding when to apply. First, once the I-94 expires the holder is technically out of status until they submit the AOS application. Out of status means that they are ineligible to remain legally in the US and are at risk if USCIS decides to enforce legislation requiring those whose status has expired to leave the US. Right now, it isn't a big consideration, but the longer someone is out of status, the more serious the risk becomes. Second, the medical given for the K-1 visa overseas is valid for one year. You need to have a valid medical in order to apply for the AOS so if you apply within a year after the medical exam, you don't need to repeat the medical. If you apply more than a year after the medical exam was done, then it is no longer valid and you need to do a new medical exam.

So, as you intend to apply as soon as you get the documents together the few days/weeks that your husband is out of status waiting for those documents to arrive should not cause you any problems. There is no 3 month or 6 month 'grace' period. Everything is based upon the I-94. Hope that helps.

Edited May 5, 2010 by Kathryn41

[KarimaG 2]

Hey there Kathryn! Its so nice to hear from you again!! How are you? I really hope things are great with you... things are great here for us!! He came here Feb 1st, and we married on March 15th. His I-94 states that it expires April 30th. So I imagine now he is 'out of status". What we are waiting on, which we thought we had, was his birth certificate, translation and immunization records. They have been mailed to us twice but were just not getting them. I guess I will send them a preaddressed envelope and have them send it to us dhl. I DO however have a birth certificate and translation of it for him, but they are just copies, and I dont know if they will accept a copy of a translation and birth certificate.

[VanessaTony 3,567]

Hey there Kathryn! Its so nice to hear from you again!! How are you? I really hope things are great with you... things are great here for us!! He came here Feb 1st, and we married on March 15th. His I-94 states that it expires April 30th. So I imagine now he is 'out of status". What we are waiting on, which we thought we had, was his birth certificate, translation and immunization records. They have been mailed to us twice but were just not getting them. I guess I will send them a preaddressed envelope and have them send it to us dhl. I DO however have a birth certificate and translation of it for him, but they are just copies, and I dont know if they will accept a copy of a translation and birth certificate.

You do not send originals, only copies with the AOS unless specifically specified (and in this case birth certificate is not) so a copy is MORE than fine (but remember to make a copy for your records).

It would be beneficial to still apply for those documents so if you have an interview you can take the originals because they WILL want to see them.

Best of luck

[KarimaG 2]

You do not send originals, only copies with the AOS unless specifically specified (and in this case birth certificate is not) so a copy is MORE than fine (but remember to make a copy for your records).

It would be beneficial to still apply for those documents so if you have an interview you can take the originals because they WILL want to see them.

Best of luck

Thanks! I guess what we will have to do is send a preaddressed envelope and have them send it dhl so we'll get them. Thanks again!