K1 - Married but haven't filed AOS yet

[virtualNik 1]

Hi. We've gotten married a month ago but have not filed the AOS petition yet. The K1 VISA expires in 1.5 months. Is there a time limit that the AOS package must be executed in? What happens if the AOS isn't sent in on time, within the 3 month VISA period? Just curious, and wish to know all the facts.

Thanks.

[Tim/Mav 305]

Hi. We've gotten married a month ago but have not filed the AOS petition yet. The K1 VISA expires in 1.5 months. Is there a time limit that the AOS package must be executed in? What happens if the AOS isn't sent in on time, within the 3 month VISA period? Just curious, and wish to know all the facts.

Thanks.

I have read several Topics on this. Some say, the AOS can go for years without Filing. I have read other posts that indicate there is a LATE PENALTY and extra Fees.

I'm sure some Members been through this and can give you feedback to your question.

[glaizanmike 0]

We were married on 10/16, went to file on 11/12 but realized we needed to re-do her medical and didn't file until 11/21. Her I-94 expired on 11/06 and I believe you have 30 days past that before it's considered late.

I haven't heard anything from the AOS "mailbox" yet so I can't tell you if everything went through or not.

[Inky 1,110]

The K1 visa already expired. It expired the day it was used to enter the USA.

You should be going by the 90 days on the I-94.

If you do not file AOS in a timely mannor - You cannot work, You cannot leave the USA at all. You wont be able to do a lot of things.

[kzielu 1,147]

I have read several Topics on this. Some say, the AOS can go for years without Filing. I have read other posts that indicate there is a LATE PENALTY and extra Fees.

I'm sure some Members been through this and can give you feedback to your question.

There is no late penalty (where did you read about it ??). Only issue here is that beneficiary is essentially out of status with all the implications that Inky indicated.

[tom&tanya 48]

There have been many discussions on VJ about this topic. Your spouse will have no status here in the USA and as said earlier can't work or get a drivers licence. Some have said here that she is open to being arrested by ICE because once her I-94 expires and you have not filed AOS she has no status in the USA. Long story short -- File AOS now.

[Inky 1,110]

There is no late penalty (where did you read about it ??). Only issue here is that beneficiary is essentially out of status with all the implications that Inky indicated.

If you wait over 2 years to AOS from a K-1 visa, people have been denied and have to re-apply by filing I-130 and I-485. Has happened to a few posters on VJ.

[milimelo 4,463]

Moving to AOS from family based visa.

[VanessaTony 3,567]

I have read several Topics on this. Some say, the AOS can go for years without Filing. I have read other posts that indicate there is a LATE PENALTY and extra Fees.

I'm sure some Members been through this and can give you feedback to your question.

The fine is for people filing under the 245i or whatever it is who had a valid petition filed before a certain date (May 1, 2001???) who entered EWI and would otherwise be unable to adjust status. It's something like $1000 fine. Doesn't apply to the OP who entered on a K1.

[A + M 29]

Congratulations on your marriage!

There's no "AOS timeline". However, you should apply for it ASAP, within 2 years, as your legal status (K1) expired.

Edited December 9, 2011 by A + M

[Gary and Alla 3,694]

No particular deadline. The K-1 is cancelled upon entry, the "expiration" applies to the time she must enter the US by.

Your wife, who entered legally and is married to a US citizen, will NOT be deported just because she did not file for AOS. If she leaves the country without a green card or AP she will not be allowed to return and you will need to file a new I-130 petition for a spouse. DO NOT leave te country!

File the AOS as soon as possible for the benefit of your wife.

[Bobby+Umit 161]

There is a "fine"

- if you go pass the expiration of the medical (used for the initial K-1) - you will have to pay for another complete medical to AOS.

Most medicals are valid for a year, some are 6 months or shorter - based on the initial findings of the medical.

It baffles me why people will wait for the AOS after coming here on a K-1. Not only does it make it harder to get work, and not worry about issues with ICE, it doesn't start the clock for US citizenship.

Not mention traveling outside of the US.

[bigdog 376]

I would file as soon as you can, do not leave the country as you will be out of status. Unfortunately this process is not cheap. Also as mentioned, no DL no SSS without valid paperwork.

[Ellesse 11]

Also as mentioned, no DL no SSS without valid paperwork.

Just to clarify the above regarding driving licenses - it is not true that you cannot get a driving license before adjusting status. In some states you can't (as is documented elsewhere on VJ), but in others you can. I live in Ohio, have applied for to adjust status (which is still pending) and was able to get a driving license by producing my NOA1 (if I hadn't had that, I think I would have had difficulties). I've also seen other statuses of VJ members from other states who have AOS pending who have their DLs too so whilst some states don't allow you to, the 'no DL' comment is not true and is misleading. As always, members need to check with their state's BMV.

[tom&tanya 48]

Just to clarify the above regarding driving licenses - it is not true that you cannot get a driving license before adjusting status. In some states you can't (as is documented elsewhere on VJ), but in others you can. I live in Ohio, have applied for to adjust status (which is still pending) and was able to get a driving license by producing my NOA1 (if I hadn't had that, I think I would have had difficulties). I've also seen other statuses of VJ members from other states who have AOS pending who have their DLs too so whilst some states don't allow you to, the 'no DL' comment is not true and is misleading. As always, members need to check with their state's BMV.

You are missing the point here. The OP is talking about NOT filing AOS. You HAVE made application for AOS and you were able to get licensed based upon your application. Without your NOA1 showing you made application you would not have a license now. There is nothing misleading about this.