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Filed: K-1 Visa Country: Philippines
Timeline
Posted

No, not true. But, once you are married, you need to file adjustment of status along with advanced parole and employment authorization as soon as you can.

The thing is, once the I-94 (the arrival card she fills out on the flight over) expires (90days after arrival) she is out of status. Once AOS is filed, the clock stops ticking on accrual of out of status based on the pending I-485. If more than 180 days pass before filing AOS, then she will have to wait until green card in hand to travel, because the law states if more than 180 days of unlawful presence accrues (out of status), then if she leaves prior to receiving green card she will incur a ban of 3 years. Once AOS approved and green card issued, then the overstay is forgiven.

This is a lot to take in at one time, and no need to freak out about it. The moral of the story is to file adjustment of status with EAD and AP together within the first couple of months after getting married... Then no need to worry about anything I have said above...good.gif

If you want to read about the AOS process for K1, please see link in my signature and start reading now so you have an idea of what you need to do. BTW, AOS costs $1070. Once again, I advise you to file I-765 (application for employment authorization.. EAD) and I-131 (application for travel document) along with your AOS package.

I hope I did not confuse you terribly. But, I think this is good to know ahead of time for K1ers. We did not file AOS until after 180 days and we have to wait for green card in hand before we can travel.wacko.gif

We learned the hard way...

How long does it take to receive GC once AOS has been filed?

 
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