K1 question

[Kevo 69]

We're about 60 days since she arrived via a K-1...I won't be available for her starting next week due to some training I need to go to.

I know that for her to stay we must be married within 90 days; does the AOS have to be filed within 90 days also? I won't be back in the area until the end of June, which will be about 110 days from the date she entered the US.

[Greg n Veronica 17]

No the AOS doen't have to be submitted by the 90 day mark but you must be married before the end of her 90 days. However, the longer you wait to file the AOS/EAD, the longer it will take to get the EAD back so she may work if she wants to.

Congrats, we just got our NVC case # today. another 2 months or so before I hope to have her over here.

[Pitaya 2,576]

The general forum recommendation is to file your AOS petitions/applications/documents as soon as possible after the K-1's arrival and marriage. Also consider filing for the EAD (I-765) and AP (I-131) at the same time. Their fees are waived if they are filed at the same time as the I-485.

Good luck.

[didopage 337]

There's no deadline to file for AOS but if you don't, your wife will be out of status once her I-94 expires (90 days after her entry). This is not a great situation as she won't be able to work, to travel out of the country, to get a driver's license...

But are you guys married already? If not, that's the first thing you need to do: get married before the 90 days are up.

[Kevo 69]

Thanks for the answers.

I've been kicking-the-can on getting married....not 100% sure if it's what I want. I know, great timing after all the work she and I did to get her here....

It'll probably be this week if we do it at all and I probably won't have time to file AOS paperwork until Jul.

[Lynkali 163]

I hope for her sake you've talked over your "cold feet" with her, and that you know exactly what it means if you do not marry. If you don't marry, she has to return home before the 90 days are over! And you're done with, over. I strongly suspect you won't get much of a second chance, either with USCIS or with her!

Seriously, I'm sorry for being bitter, but you filed the I-129F three weeks AFTER I did, and I'm still sitting here waiting every day for my NOA2, and haven't even seen my fiance in 9+ months. Somehow you made it through the system incredibly fast, and now you want to throw that and her away?

Sigh. I realize, if there are actual reasons why you think the marriage is a bad idea, then ok, better to give up now. But if it's just commitment fears, ack. Do it, NOW. Do not leave her in limbo. I would be incredibly pissed if I were her and reading this.

I'm sorry if it seems like a personal attack -- it's not. But please make up your mind QUICKLY because you don't have a lot of time left to "kick the can".

[Ronn63 41]

I hope for her sake you've talked over your "cold feet" with her, and that you know exactly what it means if you do not marry. If you don't marry, she has to return home before the 90 days are over! And you're done with, over. I strongly suspect you won't get much of a second chance, either with USCIS or with her!

Seriously, I'm sorry for being bitter, but you filed the I-129F three weeks AFTER I did, and I'm still sitting here waiting every day for my NOA2, and haven't even seen my fiance in 9+ months. Somehow you made it through the system incredibly fast, and now you want to throw that and her away?

Sigh. I realize, if there are actual reasons why you think the marriage is a bad idea, then ok, better to give up now. But if it's just commitment fears, ack. Do it, NOW. Do not leave her in limbo. I would be incredibly pissed if I were her and reading this.

I'm sorry if it seems like a personal attack -- it's not. But please make up your mind QUICKLY because you don't have a lot of time left to "kick the can".

amen!!

[Scott & Annie 19]

I hope for her sake you've talked over your "cold feet" with her, and that you know exactly what it means if you do not marry. If you don't marry, she has to return home before the 90 days are over! And you're done with, over. I strongly suspect you won't get much of a second chance, either with USCIS or with her!

Seriously, I'm sorry for being bitter, but you filed the I-129F three weeks AFTER I did, and I'm still sitting here waiting every day for my NOA2, and haven't even seen my fiance in 9+ months. Somehow you made it through the system incredibly fast, and now you want to throw that and her away?

Sigh. I realize, if there are actual reasons why you think the marriage is a bad idea, then ok, better to give up now. But if it's just commitment fears, ack. Do it, NOW. Do not leave her in limbo. I would be incredibly pissed if I were her and reading this.

I'm sorry if it seems like a personal attack -- it's not. But please make up your mind QUICKLY because you don't have a lot of time left to "kick the can".

Lynkali...it appears he had a expedite case, due to being in the military. That's why he was much faster than your case.

Thanks for the answers.

I've been kicking-the-can on getting married....not 100% sure if it's what I want. I know, great timing after all the work she and I did to get her here....

It'll probably be this week if we do it at all and I probably won't have time to file AOS paperwork until Jul.

Kevo....you're really putting your fiancee in a bad position. If you two do not get married, and she remains in the US after the 90 days are up, she may recieve a ban from entering the US again. Then she would not be able to come over to marry some other "great guy" like yourself in the future. You need to decide what you want to do. I agree it's better not to get married if you are not ready, but think of her future. Buy her a ticket home before you leave for your training if you are not going to marry. Also, I would make sure she leaves if I were not marrying her. If you go to training and she runs off, then could be trouble for you in the future as well.