Finally married. How long do we have to file for permanent residency?

[Liz_D 0]

We finally completed the K-1 visa procedure and my fiance arrived on September 4th. We just got married on Friday. I have searched the immigration website and can't find an answer to my question. Now how long do we have to file for my husband's permanent resident card? Does it need to be immediately? What is his status now?

Edited October 22, 2012 by Liz_D

[rehtse 1]

You can file it now since the process can take 3-4 months or more. You can find what you need here.

http://www.visajourney.com/forums/topic/307-applying-for-aos-in-the-usa/

He's still in legal status until the expiration of his I-94 card. Once it's expired, he will be consider out of status till you gonna file his AOS.

Edited October 22, 2012 by rehtse

[Mogambi 96]

But the answer is that in general, if you file within six months of his I-94 expiring, you will be fine. Up to 180 days of overstay are easily 'forgiven' once the Adjustment of Status is approved.

It's not important to file before the I-94 expires, the only deadline you had to hit was to get married before then, which you did. So you have some time.

Did he get his Social Security card? Make sure you do that soon!

And file AOS whenever you want. The sooner the better though, as it's going to take some time, and the sooner you file obviously the sooner he'll get his GC

[Liz_D 0]

I am wondering because we could use some more time to come up with the money for filing for his AOS. I am not sure about the I-94 card. Would that be included with his K-1 visa? We had up until December 4th to get married. Is that when his legal status will expire? It would be much easier to file for his AOS after I get my tax return in February but that is a while to wait. Is there anything else we need to do right now? Send a copy of our marriage certificate in? File for anything else? I have tried to look up this information on the immigration website and can't find the answers to my questions. This is the first I have heard about an I-94 card. Will we be in trouble if he doesn't have that?

[Penny Lane 8,159]

I am wondering because we could use some more time to come up with the money for filing for his AOS. I am not sure about the I-94 card. Would that be included with his K-1 visa? We had up until December 4th to get married. Is that when his legal status will expire? It would be much easier to file for his AOS after I get my tax return in February but that is a while to wait. Is there anything else we need to do right now? Send a copy of our marriage certificate in? File for anything else? I have tried to look up this information on the immigration website and can't find the answers to my questions. This is the first I have heard about an I-94 card. Will we be in trouble if he doesn't have that?

The I-94 should be a white piece of paper stapled into his passport. Legally, his status will "expire" 90 days after his arrival. If you don't have the funds for AOS, wait until you do. Yes, between now and then he will be "out of status", but that is forgiven once AOS is filed for. So if you feel better waiting until February, then by all means, do that.

You should check out the AOS guides here on VJ so that you know what the process requires before you file in February.

The guide is here: http://www.visajourney.com/content/k1k3aos

When you file for AOS, you will want to file for employment authorization and advanced parole at the same time. That way, their fees are waived and your husband will be able to work/travel once he receives that card, since it will be approved BEFORE he receives his green card.

[bt1 42]

We finally completed the K-1 visa procedure and my fiance arrived on September 4th. We just got married on Friday. I have searched the immigration website and can't find an answer to my question. Now how long do we have to file for my husband's permanent resident card? Does it need to be immediately? What is his status now?

You have been given good advice on the timing of filing, so I will not belabor the point. However, just offering a different perspective: the longer you wait to file the longer it will take for your husband to get permission to work, in other words, earning money. To me, the longer you wait, the more money you are loosing by hi9m not being able to work. I would borrow the money and file ASAP: it will pay off in the long run.

Edited October 22, 2012 by bt1

[Ryan H 3,796]

Moved from K1 Process & Procedures to Adjustment of Status from Family Based Visas forum; topic is more germane to the AOS process.