Help! Time Limit for AOS?

[MichelleN 0]

My now husband came into the country Dec 6,2010 on a K-1 Visa. We got married on Feb 12th, well within the 90 days limit. However, we've had serious money issues and have NOT been able to get the $1000 needed for the AOS application. He's getting very worried that he's here illegally. As long as we got married within the 90 days is there any sort of time limit for getting the AOS? I just sent in his application to get a work permit to help with our money problems. Thanks for any help at all. We're at our wits end

[Ryan H 3,791]

Is the work permit you speak of the EAD? I'm not 100% sure but I think in order to apply for the EAD, you have to file for AOS (others, please chime in with with regards to filing for AOS is required in order to apply for EAD). I've also seen that issuance of an EAD does not happen quickly.

You did marry within the 90 days as required. I haven't seen anything about a time limit as to when AOS must be filed for.

[Brother Hesekiel 2,235]

The one and only requirement for the K-1 is to get married to the petitioning US citizen spouse with 90 days, which incidentally is also the expiration date of the I-94. The law does not spell out a time limit until which you would have to file for AOS, for two reasons I don't care to explain here and now. Although it makes a lot of sense to file as quickly as possible, there is no fine or punishment if you file outside the I-90 time frame because, as you stated, you didn't have the money.

[ryna 132]

This is true. There is no actual time limit, only the sooner, the better generally speaking.

That said, I don't know that a person who entered on a K-1 is eligible to be issued an EAD without a pending Adjustment of Status. If this is the case, for your sake, I hope they just reject the EAD application and return the packet along with the $340(?) EAD fee. That money can be much better used put toward the AOS and it would be a shame to have paid for nothing.

[VanessaTony 3,567]

My now husband came into the country Dec 6,2010 on a K-1 Visa. We got married on Feb 12th, well within the 90 days limit. However, we've had serious money issues and have NOT been able to get the $1000 needed for the AOS application. He's getting very worried that he's here illegally. As long as we got married within the 90 days is there any sort of time limit for getting the AOS? I just sent in his application to get a work permit to help with our money problems. Thanks for any help at all. We're at our wits end

There is no AOS deadline but I have some bad news for you... I assume you sent the payment for the EAD because the fee for it is only waived if filed with AOS... the EAD you'll get is only valid until the I-94 expires that is IF they process it (given that you're at more than 5 months now since he arrived so his I-94 is expired) and you're out whatever money you sent to apply for it. They'll probably take the money and then send you a denied letter so they keep the money. What eligibility category did you put on it? A6?

He can file for AOS whenever BUT he cannot work, he cannot drive, he cannot leave the country.. until he gets his EAD/AP or GC. ALSO, if he waits too long to file (more than 6 months past the I-94 expiring) he will be unable to apply for AP because if he was to leave the country without the GC he will incur a ban and will be unable to enter the US without a new visa. He's not "illegal" but he can be detained by ICE for being out of status and he CAN get locked in immigration jail until he goes before an immigration judge who will dismiss it because he's eligible to adjust status and order him to AOS asap. That can cost in the tens of thousands about bail and all that.

That said, I don't know that a person who entered on a K-1 is eligible to be issued an EAD without a pending Adjustment of Status. If this is the case, for your sake, I hope they just reject the EAD application and return the packet along with the $340(?) EAD fee. That money can be much better used put toward the AOS and it would be a shame to have paid for nothing.

A K1 is eligible until their I-94 expires but they need to pay the fee. The OP's husband's i-94 expired around 2 months ago so he's not eligible but I am curious to see whether they'll just take the money and deny, or reject and send the money back. I hope the latter!

[VanessaTony 3,567]

See here: http://www.uscis.gov/files/form/i-765instr.pdf page 4, #6 (first column down the bottom) it says A6 (K1) if filed in the 90 days (that's the I-94 period).. so he's not eligible for the K1 EAD so... what category did you put?

[ryna 132]

See here: http://www.uscis.gov.../i-765instr.pdf page 4, #6 (first column down the bottom) it says A6 (K1) if filed in the 90 days (that's the I-94 period).. so he's not eligible for the K1 EAD so... what category did you put?

Yes, I was speaking of a post I-94 expiration, K-1 visa entry.