AOS Question

[Ray-J 2]

Here's a question for everyone, especially those in the know... while I understand that we would want to file for AOS asap, how long do we actually have to file? Are we required to file prior to her K-1 expiration date?

[kikip 12]

As long as you're married before the 90 days are up, you can wait to file... but she can't work or travel outside the us until you file. She's technically out of status after the 90 days, but the overstay is forgiven when your AOS is approved. (This is how I understand it)

[Brother Hesekiel 2,235]

You should file as early as possible, for obvious reasons.

If you file after you've been married for 2 years two things will happen:

1) you will need to file an I-130 as by then you are not adjusting status based on the K-1 (and the I-129) anymore, which will cost you an additional $420.

2) instead of a (conditional) 2-year Green Card you'll get an (unconditional) 10-year Green Card and do not have to deal with the dreaded Removal of Conditions (ROC) 2 years later, which will save you $590 and quite a bit of headache.

All that said, the advantages of filing as early as possible outweigh the advantages of delaying AOS.

[Ray-J 2]

You should file as early as possible, for obvious reasons.

If you file after you've been married for 2 years two things will happen:

1) you will need to file an I-130 as by then you are not adjusting status based on the K-1 (and the I-129) anymore, which will cost you an additional $420.

2) instead of a (conditional) 2-year Green Card you'll get an (unconditional) 10-year Green Card and do not have to deal with the dreaded Removal of Conditions (ROC) 2 years later, which will save you $590 and quite a bit of headache.

All that said, the advantages of filing as early as possible outweigh the advantages of delaying AOS.

Okay. Just so long as I don't have to scramble to get her AOS started before the 90 day mark. We're hoping that she'll be able to come back with us (my mother and I (we're flying over for the birth of our first child in October)) when we return on 11-11-11. Our wedding date is set for Jan 7, 2012. If her DOE is 11-11-11, that would put the 90 day mark at Feb 9, 2012. That'd be a lot of cash to try and come up with on that short of notice. Thanks for the replies.