How long do we have to file for AOS on K1 and K2 Visa

[kenandakiko 0]

What time limit do we have to file for the AOS. My wife has been here for about 6 months now and we been married for about 4 months. my question is.. is there a time frame to file for the AOS?

[pookaphilus 12]

What time limit do we have to file for the AOS. My wife has been here for about 6 months now and we been married for about 4 months. my question is.. is there a time frame to file for the AOS?

hmm...sorry if I got it wrong, but is her K-1 visa expired already??..if yes, wow!!..that's almost 3 months expired..my husband & I are completing all the documents needed for my AOS becoz my visa will expire few weeks from now..they said, you have to file for your AOS as soon as possible after getting married..we are also worried if we can make it to the time before my visa expires..still alot of things to do...btw, why didn't you file your AOS after you get married??..some said they might question you how come you weren't able to apply before your visa expires..we also don't know the consequences about it...God bless us..

Edited November 8, 2010 by pookaphilus

[marriedtomrg 141]

There is no time limit per se, however it is highly recommended that you file it as soon as you can after you are married.

If you've been married for about 4 months, then it means her I-94 has already expired...and she is out of status. Filing the AOS keeps her in status until her green card is approved. in the meantime she cannot work (no EAD), and if you guys decide to travel outside the US for vacation, she cannot re-enter without an AP.

If you wait until you have been married 2 years before filing, aside from the AOS, you would need to file an I-130.

Sooner you file the better.

What time limit do we have to file for the AOS. My wife has been here for about 6 months now and we been married for about 4 months. my question is.. is there a time frame to file for the AOS?

[carton025 38]

There is no time limit to file the AOS, however... Once the K1 visa and I-94 expires/expired your partner has "no status" in the US. That means..., no state ID, no driver's license, no benefits, nothing that s/he would be entitled to once s/he gets the 2-year GC. I know of some people who have waited as long as 2 years after the K1 visa and I-94 have expired and then filed the AOS with no problems. It would be in you and your partner's best interest to begin the AOS process as soon as possible.