after the marrage

[ssica_molanay 0]

how long after being married do have to file for your AOS ?

[vzla2006 0]

Hi- You can apply as early as you want (as early as you have all the required documents!), and it must be before your 90-day entry to the US (I'm guessing you came on a K1 visa).

So, try and get everything together as soon as possible!

Good luck!

D

[Dr_LHA 3]

Hi- You can apply as early as you want (as early as you have all the required documents!), and it must be before your 90-day entry to the US (I'm guessing you came on a K1 visa).

Actually loads of people have filed AOS after their K-1 expired and have had no problems. The only requirement for the 90 day K-1 is that you get married within 90 days of entering the USA. In general I believe the rule of thumb is to make sure you filed before 180 days after your K-1 expires, to avoid any issues if you want use AP to travel.

However in reality you can file for AOS whenever you please, USCIS cannot deny your case because you overstayed your visa because they automatically forgive that for people married to US citizens.

[dmartmar 1]

2-3 years after.

[Reba 2]

However in reality you can file for AOS whenever you please, USCIS cannot deny your case because you overstayed your visa because they automatically forgive that for people married to US citizens.

I wouldn't necessarily say that happens all the time. I'm sure there are plenty of people who have been put on deportation proceedings because of overstay even if they're married to a USC.

There is no hard and fast written USCIS rule as to when a K1 should file for AOS, but it really should be as soon as possible after the wedding so as not to be out of status for too long. Once your K1 expires, you really are a non-person here. You can't do much of anything, and if you wait too long to file, you may not be granted AP for any trips home. You're stuck here til you get your green card. If you didn't get your SSN before you got married, then you can't get that either, and no driver's license, etc etc etc...

Do it as soon as you possibly can after you get your marriage certificate.

[Dr_LHA 3]

However in reality you can file for AOS whenever you please, USCIS cannot deny your case because you overstayed your visa because they automatically forgive that for people married to US citizens.

I wouldn't necessarily say that happens all the time. I'm sure there are plenty of people who have been put on deportation proceedings because of overstay even if they're married to a USC.

Please point me towards the "plenty of people" who overstayed their K-1, filed for AOS and are now being deported because of the overstay. USCIS specifically states that overstays are forgiven in the case of marriage based AOS. Are you basing your statement on fact? In which case I'd like to see the evidence.

The only issue with overstay is if you want to leave the country. If you have a significant overstay and leave the USA, even with an AP, you possibly face a 3-10 year ban from re-entering the USA.

[I'm Gone 60]

The only MUST time requirement for a K-1 is to have married within 90 days of entry. You should try to get the AOS filed ASAP and you should not have any trouble if you remain in the country and file for AOS a reasonable amount of time after the K-1 status has expired.

[Saddle Bronc 124]

Hi- You can apply as early as you want (as early as you have all the required documents!), and it must be before your 90-day entry to the US (I'm guessing you came on a K1 visa).

Actually loads of people have filed AOS after their K-1 expired and have had no problems. The only requirement for the 90 day K-1 is that you get married within 90 days of entering the USA. In general I believe the rule of thumb is to make sure you filed before 180 days after your K-1 expires, to avoid any issues if you want use AP to travel.

However in reality you can file for AOS whenever you please, USCIS cannot deny your case because you overstayed your visa because they automatically forgive that for people married to US citizens.

While USCIS may not consider the K-1 entrant (original 90 days) as overstay if married within the 90 days, it's not really blanket forgiveness.

Till receiving at least AP (for which AOS filing is needed), the beneficiary cannot take a trip outside and then re-enter US.

[Dr_LHA 3]

While USCIS may not consider the K-1 entrant (original 90 days) as overstay if married within the 90 days, it's not really blanket forgiveness.

They forgive overstay, they legally can't hold it against you when deciding whether you are eligible for a Green Card.

Till receiving at least AP (for which AOS filing is needed), the beneficiary cannot take a trip outside and then re-enter US.

Yes, and? You can't leave the country after you've filed AOS either, unless you have AP. Doesn't mean you're here illegally does it? As I stated, leaving the USA is a major way to screw up your AOS if you overstay, but then again, if you leave the US without AP and you haven't overstayed you've screwed up your AOS also.

Edited November 13, 2006 by dr_lha

[John & Annie 1]

there is no such thing as an overstay on the K1. As long as you are married within the 90 days, according to USCIS you are legal.

it would alot easier if filed as soon as you have your recorded Marriage Certificate, if you do not, you are "out of status", which puts you in limbo. Which is to say you entered legally, the only provision on the K1 is that you get married within the 90 days of entering, if you do not then you must leave. there are no further provisions (other than if you break the law).

You can remain "out of status" indefinitely.