Adjustment of Status

[flicker 5]

After the long process of getting my sweetie over here from the Philippines, and getting married, we are out of money presently and wondering how long we have before we must file for adjustment of status for K1 and come up with another $1010? She arrived on May 25th, and we married on June 3rd. The guidelines here say file as soon as possible, but no time frame. Sure, we'd like to file right now, but it's going to take a while to come up with another $1,000 after all the expenses of getting her here. I'm sure others have experienced this also. Any advice?

6.1)...How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices.

[payxibka 10,044]

moving thread from K-1 to the Adjustment of Status forum

[joe2000 0]

Might be a higher probability in your neck of the woods, but the odds are pretty remote here in the SF bay area. Most of the cities up here are "sanctuary cities". I don't agree with it, but people who share my opinion are a small minority here.

I've lived in the US my entire life, and never had an encounter with immigration officials when I wasn't crossing the border by land, sea, or air. I've lived in border states, but not within 100 miles of the border. I suppose there's a chance they could show up at your house if you had a K1 living there who had not yet adjusted status, but I've never heard of that happening. I've also never heard of a K1 being deported who was eligible to adjust status, but didn't for lack of money. I've heard of them getting jacked around and held in custody, and the spouse having to produce a marriage certificate and getting a stern warning about filing ASAP, but I'd guess that happens in a tiny fraction of the cases of K1's who don't file a timely petition.

I'm not one to say "Don't worry. Everything is fine." By the same token, I don't believe the situation is as dire as some make it out to be. I know a few people who planned everything out in advance and had a solid financial plan, saved every penny they could, and got clobbered with expenses they never expected or had any way to deal with. I know one guy who burned through his AOS money because he had to stay in Vietnam 3 weeks beyond his available vacation time because of hangups at the consulate. I sure wasn't going to chew him out for choosing to fight for the visa, and then not have any available cash for a timely AOS filing.

I just don't want anybody to get scared to death with stories of deportation, and end up making a potentially disastrous financial decision out of fear. The likelihood of anything bad happening as a result of postponing the AOS for a few months is relatively remote for most people. It's a high priority, like I said, and should be done as soon as possible, but don't do anything stupid like robbing a bank to get the cash - it's not THAT urgent.

Thanks for your excellent advise. Our situation is not dire, she entered the U.S. on May 25th, we married June 3rd, and I expect we'll have the money saved in another 1 1/2 months or less so should be well within time frames. I had the money saved for AOS but many unforseen things happened and we ended up short. Basically, everything ended up costing considerably more then we estimated.

Do you have any idea how long it will take her to get her working papers once we do file for AOS? I don't know why a temorary work permit is not given to everyone as soon as they arrive so they can assist with all the financial burdens. We've been racing around this past week getting married, applying for a SS card (still have to wait for that, it wouldn't go through probably becasue she's not been in the country long enough) and getting her a Arizona I.D. and preparing for her drivers test (she's never drove a car, so I need to teach her to drive also).

[JimVaPhuong 4,863]

Thanks for your excellent advise. Our situation is not dire, she entered the U.S. on May 25th, we married June 3rd, and I expect we'll have the money saved in another 1 1/2 months or less so should be well within time frames. I had the money saved for AOS but many unforseen things happened and we ended up short. Basically, everything ended up costing considerably more then we estimated.

Do you have any idea how long it will take her to get her working papers once we do file for AOS? I don't know why a temorary work permit is not given to everyone as soon as they arrive so they can assist with all the financial burdens. We've been racing around this past week getting married, applying for a SS card (still have to wait for that, it wouldn't go through probably becasue she's not been in the country long enough) and getting her a Arizona I.D. and preparing for her drivers test (she's never drove a car, so I need to teach her to drive also).

The safe bet on the EAD is 2 to 3 months after sending the application. Some get them sooner.

It is possible to get a temporary EAD, but you have to pay for the application, and the EAD will expire when the I-94 expires. A K1 is not an immigrant until they apply for AOS. Every benefit they would be eligible for ends when the I-94 expires. The only thing that doesn't end is their eligibility to adjust status (presuming they married in time), and this is because of a special exception in the law. Most other types of AOS applicants aren't eligible if they allow their non-immigrant status to lapse.

[kevin@anna 7]

hopp hit it on the nose.i for one did save every penny for everything my wife will need via immigration before hand.i currently have the 500.00 or so in savings account to remove conditions very soon.but life throws curves at everyone.we must be prepared.file aos asap with the 1010.00 but remember more fees down the road so keep saving

[Donald-n-Analyn 6]

I think that Jim gives the most reasonable advice in this thread. While it would be nice to have the AoS NOA1 in hand before the I-94 expires, it is not critical. I think that some of the advisors here make too big of a deal about it, and put unnecessary fear and pressure on new immigrants and their sponsors.

It took me awhile to convince my wife that ICE agents were not going to show up at the door and remove her after her I-94 expired.

That said, there are some that take delaying the AoS to extremes, giving the practice a bad reputation, and no doubt spurring those who seem to make championing rapid AoS their number one priority on VJ.

I will offer the advice that I have been giving for awhile. I think that it is practical and sane for most couples. Try to apply for adjustment as soon as you can after getting married. Make it a priority as the I-94 expires. What ever you do, do not wait more than 1 year after the K-1 medical exam. The medical exam and shot records are valid for 1 year. By waiting any longer, you will increase your cost and hassle factor.

For most couples, I think that the cost is the primary reason for waiting. But don't keep putting it off. Obtain legal status, and peace of mind, for your loved one as soon as humanly possible. If you are approaching the 1 year anniversary of your K-1 medical, and have not filed for AoS, beg or borrow the money to get it done.

[TBoneTX 43,500]

some of the advisors here make too big of a deal about it, and put unnecessary fear and pressure on new immigrants and their sponsors.

No, ICE agents may not show up at the door. Yes, people need to be aware of the very worst that can possibly happen. What is unnecessary about that?

there are some that take delaying the AoS to extremes, giving the practice a bad reputation, and no doubt spurring those who seem to make championing rapid AoS their number one priority on VJ.

This could be, but it's equally likely that the "champions" envision the worst possible situation and urge others to minimize its chances of happening.

Try to apply for adjustment as soon as you can after getting married. Make it a priority as the I-94 expires. What ever you do, do not wait more than 1 year after the K-1 medical exam. The medical exam and shot records are valid for 1 year. By waiting any longer, you will increase your cost and hassle factor. [...] don't keep putting it off. Obtain legal status, and peace of mind, for your loved one as soon as humanly possible. If you are approaching the 1 year anniversary of your K-1 medical, and have not filed for AoS, beg or borrow the money to get it done.

This is excellent, well-stated advice. Edited June 7, 2010 by TBoneTX

[Blublod 0]

TBone and Jim you guys crack me up. Sound like optimus prime and ironhide.

Anyways i got here (USA) on the 03/29/10 and like jim said we had to shell out way extra after both saving

above $5000.

Like jim said its priority but dont rob, and Tbone says stay frosty. i can live with that.

Taking the soap box