Time between K1 approval and AOS

[557chris 0]

I am currently waiting on the K1 petition approval, but of course I am trying to make sure that I am very well prepared for the next steps in our life together. I have yet to find a clear answer about the time frame for filing for the adjustment of status after getting married. I am aware that the K1 visa is for 90 days and that we will need to marry withing that time. I had assumed that we must file for the adjustment of status before this 90 days is over, but I have read other posts that this is not necessarily true and that the 90 days is only for the marriage date. Must we apply for the adjustment of status before 90 days after entry into the United States, or do we have additional time to file this if we are married within this time frame? If additional time, how much and where can I find this information on the USCIS?

[Hypnos 6,576]

A K-1 visa requires you to get married within 90 days of entry, but you can file for AoS whenever you wish. Between the time your I-94 expires and the time that your AoS application is accepted for processing by USCIS you will be out of status, however, and will basically be a non-person. You will not be able to (legally) work, you will not be able to travel overseas, obtain a US ID or anything like that.

Technically you could also be detained by ICE for overstaying your visa. Since you have immediate relief available (through AoS to your K-1 sponsor spouse) it would likely not be a long stay, but it would not be pleasant. It's highly unlikely that you would be picked up, but the possibility exists.

You should apply for AoS at your earliest convenience, inside the 90 days (if possible), otherwise as soon as you can (if not).

Edited January 6, 2013 by Hypnos

[bigdog 376]

I would make every effort to get it filed in the 90 days although it is not a requirement. Not having a current I797 you cannot in most states have a DL etc, as states move toward the enhanced drivers licenses the DL is tending to expire with he GC, I94 dates etc.. Travel in the US by air or any other means where you need identification will be tough.

[Gary and Alla 3,694]

I am currently waiting on the K1 petition approval, but of course I am trying to make sure that I am very well prepared for the next steps in our life together. I have yet to find a clear answer about the time frame for filing for the adjustment of status after getting married. I am aware that the K1 visa is for 90 days and that we will need to marry withing that time. I had assumed that we must file for the adjustment of status before this 90 days is over, but I have read other posts that this is not necessarily true and that the 90 days is only for the marriage date. Must we apply for the adjustment of status before 90 days after entry into the United States, or do we have additional time to file this if we are married within this time frame? If additional time, how much and where can I find this information on the USCIS?

You must be married withon 90 days of arrival to adjust status based on the K-1. There IS NO deadline for adjusting status. It behooves you to do it as soon as possible as your spouse's benefits and future citizenship are all based on this.

Until she is a legal permanent resident there will be a lot of things not available to her...working, international travel, federal student loans, etc. Get it done as soon as possible for her sake, but there is no deadline

[557chris 0]

I really appreciate all the replies. I was only curious about the legal status if the AoS is not filed within the 90 days, and this has been answered. We have every intention of filing this well before this, as I would like the best of everythign for my fiancee. I am sure this will not be a problem, but it never hurts to be over informed in case of something unforeseable. Thanks again!

[bigdog 376]

I really appreciate all the replies. I was only curious about the legal status if the AoS is not filed within the 90 days, and this has been answered. We have every intention of filing this well before this, as I would like the best of everythign for my fiancee. I am sure this will not be a problem, but it never hurts to be over informed in case of something unforeseable. Thanks again!

Some members have replied in the past that no big deal in not filing promptly, we did not have that opinion from our IO at the AOS interview. She specifically said good, you filed in the 90 days. Good Luck.