How long after K1 entry to file AOS?

[izzylove11 19]

Hi everyone. My husband arrived on a k1 visa September 21. I was told that we had longer to file the AOS. We were trying to recover from all of the expenses from getting him here. Today, I was told we only had 90 days after his arrival to submit the AOS. Any help would be appreciated!

[agnesb 47]

Hi everyone. My husband arrived on a k1 visa September 21. I was told that we had longer to file the AOS. We were trying to recover from all of the expenses from getting him here. Today, I was told we only had 90 days after his arrival to submit the AOS. Any help would be appreciated!

You have 90 days for getting married after that there's no deadline for AOS but for most its important to get EAD and AP fast thus filling asap after the marriage.

[Darnell 8,478]

within 90 days of arrival - get married.

anytime after marriage, up to 2 years past the I-94 expiring, file for the AOS. After 2 years of the I-94 expiring, file all plus an I-130.

There's no regulation for when to file the AOS, as a K-1 visa holder.

[Sarah Elle-Même 660]

No deadline for AOS but the sooner the better. Once your husband has EAD he can look for work.

[del-2-5-2014 1,339]

A personal opinion, you should upgrade your immigration status at each and every opportunity.

[ToddB 10]

The only thing is....if his AOS has not been filled within 90 of entering the US he becomes what is known as "out of status". Problems???? Idk. A lot of people go over their 90 days with no issues when they do get around to the AOS.

Best to do it as soon as possible, and I'd research "out of status" a little bit to find out any possible problems.

[izzylove11 19]

Thanks for the replies. The lady on the phone at USCIS admits she may not have all the needed info to give me a correct answer. I know you all know better. Thanks again.

[Dave&Roza 748]

Thanks for the replies. The lady on the phone at USCIS admits she may not have all the needed info to give me a correct answer. I know you all know better. Thanks again.

Why on Earth would you call the misinformation line after posting here on VJ. We know more then those people on the misinformation line and ever know more than some of the Tier 2 Humans . You have the answer above. One thing to point out is that if your husband accrues more than 180 days of out of status time then traveling on the advance parole (AP) is a ####### shoot. Some say it is okay and other say he would be denied re-entry. given the risks I would not risk it. Also there is the expiration of the medical that can add to the expense of the AOS if you wait too long. There is also the risk of being detained by the CBP if your husband gets too close to one of the borders and runs into a check point. Not being able to work and re-enter the US are the other two downsides of not filing the AOS.

The recommendation is to file ASPA so the foreign spouse can begin their new life in the US with all the proper documentation.

Good luck,

Dave

[Darnell 8,478]

ok - call the national hotline 6 more times, writing down the answers, pencil to paper,

then take the >40 percent answer.

Forget the Guides Section, forget the Wiki Section, make a telephone survey, instead.

[ir0nK1visa 2]

PEOPLE, the person is doing research by asking. She does not KNOW any of "us" personally. so why try to belittle her. WHY, is it appropriate for her to to call the OFFICIAL phone line related to her doubts. She even admitted the person was unsure, but she is asking and not waiting until it is to late.

So, as for her question and as others have stated, the sooner you apply for the AOS-EAD, the better. We as USC take it for granted, our citizenship, but your spouse may be hearing or reading all kinds stories related to people being deported, detained, questioned and it would make them that much more at ease to have the green card. They may not tell you they are nervous, but might be since they are in a ""unknown status".

In the end if the OP were to encounter a problem..they are NOT going to get it resolved here. They will get the proper advice, suggestions, but in the end MUST call that line and ask for the proper level of support.

[Pitaya 2,576]

within 90 days of arrival - get married.

anytime after marriage, up to 2 years past the I-94 expiring, file for the AOS. After 2 years of the I-94 expiring, file all plus an I-130.

There's no regulation for when to file the AOS, as a K-1 visa holder.

Agree!

[nobbie 105]

Bear in mind if you leave it too long the medical will expire and you will have the expense of getting another one done.

[del-2-5-2014 1,339]

Have your Husband logon and read some of the horror stories in the effect forums , he'll find a means to AOS very quickly.

To AOS is his primary process.

Good luck.

[izzylove11 19]

I called her before I posted here not after. There's no reason to be ugly.

A lady at customs told me that my husband was illegal so I called uscis. The hold time was 191 minutes so I requested a call back. I hung up and posted here. Later, the lady called me and gave me information.

What's the reason for treating me like that? I do trust everyone here or I would've pursued the options the lady gave me on the phone but I didn't.

Why on Earth would you call the misinformation line after posting here on VJ. We know more then those people on the misinformation line and ever know more than some of the Tier 2 Humans . You have the answer above. One thing to point out is that if your husband accrues more than 180 days of out of status time then traveling on the advance parole (AP) is a ####### shoot. Some say it is okay and other say he would be denied re-entry. given the risks I would not risk it. Also there is the expiration of the medical that can add to the expense of the AOS if you wait too long. There is also the risk of being detained by the CBP if your husband gets too close to one of the borders and runs into a check point. Not being able to work and re-enter the US are the other two downsides of not filing the AOS.

The recommendation is to file ASPA so the foreign spouse can begin their new life in the US with all the proper documentation.

Good luck,

Dave

[izzylove11 19]

Can I ask what I really did to deserve any negativity in my post?

ok - call the national hotline 6 more times, writing down the answers, pencil to paper,

then take the >40 percent answer.

Forget the Guides Section, forget the Wiki Section, make a telephone survey, instead.