WHEN DO I SEND AOS

[ARNEE1 0]

CAN SOMEONE PLEASE HELP ME WITH A QUESTION I HAVE.... IM BRINGING MY FIANCEE ON A K-1 VISA WE HAVE TO GET MARRIED BEFORE 90 AND THEN FILE FOR A.O.S HOW LONG CAN I WAIT TO FILE FOR THE A.O.S IS THERE A LIMIT I DONT PLAN ON WAITING A LONG TIME TO FILE THE A.O.S BUT SINCE IT COST LIKE 1000 BUCKS I WANNA SAVE SOME MONEY FIRST. HOW LONG DO I HAVE TO FILE FOR AN A.O.S??? THANKS IN ADVANCE!!!

[C_María 6]

Your fiancee will get a six month temporary visa when she enters, there will be an expiration date on the sticker that they will put in her passport. You must marry within the 90 days and then do the AOS and receive the green card within this time or she will be "out of status". I was worried about that at first but I've read on the forums that being "out of status" is not a huge deal, especially if your AOS papers are being processed.

So the answer is that there is no actual "time limit" to file for AOS but you should look at the date they print on the visa and try to get the papers in by that time to be safe!

[beppo 8]

Apply ASAP, just make sure you marry within 90 days. If you apply after your I-94 has expired, your AP will be a waste of time(that's if you apply for AP)

I myself never came across any big problems as I didn't adjust status until 2 years after I married, but I wouldn't recommenced doing what I did.

Quicker you get it done, the quicker you can work, get a drivers license etc etc.

Edited July 2, 2011 by beppo

[KayDeeCee 4,891]

Your fiancee will get a six month temporary visa when she enters, there will be an expiration date on the sticker that they will put in her passport. You must marry within the 90 days and then do the AOS and receive the green card within this time or she will be "out of status". I was worried about that at first but I've read on the forums that being "out of status" is not a huge deal, especially if your AOS papers are being processed.

So the answer is that there is no actual "time limit" to file for AOS but you should look at the date they print on the visa and try to get the papers in by that time to be safe!

Apply ASAP, just make sure you marry within 90 days. If you apply after your I-94 has expired, your AP will be a waste of time(that's if you apply for AP)

I myself never came across any big problems as I didn't adjust status until 2 years after I married, but I wouldn't recommenced doing what I did.

Quicker you get it done, the quicker you can work, get a drivers license etc etc.

Neither of these answers is actually accurate.

When your fiancee enters the US, the K-1 visa becomes null and void. It is a one time use only visa. When granted the visa, you have 6 months to use it to enter the US. That is the only purpose of the expiration date on it. Your fiancee will receive an I-94 when she enters. It will be valid for 90 days. You must marry within that time. You do not have to file the AOS before the I-94 expires, but she will be out of status and begin to accrue overstay time. There is no time limit on it though, and a lot of people file a couple months after. Once your AOS is approved, all overstay is forgiven.

If your I-94 is expired, you can still file for AP. It is not a waste of time. That only applies to those that were out of status long enough to incur a ban if they were to leave the US. That would happen if you are out of status for at least 180 days. The AP becomes useless because you will get a ban if you leave, and won't be able to re-enter using the AP. Waiting just a few months past the I-94 expiration before filing AOS will not have this effect.

So, to sum it up for the OP> There is no limit of time, but you should file as soon as you can. It also enables your new wife to get her EAD if she wants to begin working, and AP, in case she has a need to leave and re-enter the US while waiting for her green card. It is also helpful if she wants to get a drivers license, as a lot states require the immigrant to have their EAD or green card before being allowed to get one.

[ARNEE1 0]

THANK YOU GUYS!!! U WERE VERY HELPULL