How long before an AOS is complete?

[DelmondoLove 0]

I entered usa on a K1 visa which expires in 6 months. Now how long will it take before I get my green card? What if my visa expires while AOS is still being processed? will I have to leave usa???

[Anna Grant 169]

The K1 visa expires as soon as it is stamped when you enter the US at your POE. You have 6 months from the visa issuance date on your visa to enter the US.

The first thing is to get married, which has to happen within 90 days of your entering the US.

Once you are married and have your marriage certificate, you can apply for AOS. It will take anything from 3 months to a year to receive your green card. It depends on whether your are in the pile to be interviewed or not. Those that are interviewed generally get their GC quicker. It also depends on where your AIS paperwork goes to. I applied for AOS in July and am still waiting for any communication from USCIS for my AOS (my EAD/AP came through in September).

Read the guides on AOS to learn more.

[DelmondoLove 0]

The K1 visa expires as soon as it is stamped when you enter the US at your POE. You have 6 months from the visa issuance date on your visa to enter the US.

The first thing is to get married, which has to happen within 90 days of your entering the US.

Once you are married and have your marriage certificate, you can apply for AOS. It will take anything from 3 months to a year to receive your green card. It depends on whether your are in the pile to be interviewed or not. Those that are interviewed generally get their GC quicker. It also depends on where your AIS paperwork goes to. I applied for AOS in July and am still waiting for any communication from USCIS for my AOS (my EAD/AP came through in September).

Read the guides on AOS to learn more.

Should we apply for AOS as soon as we get married or does it have a time frame??

[Anna Grant 169]

Should we apply for AOS as soon as we get married or does it have a time frame??

If you can afford it, then I would suggest that you apply for AOS as soon as you can. Without your EAD/AP card, you will be unable to work in the US or travel outside of the US and return to the US.

[Mark + Melissa 49]

Should we apply for AOS as soon as we get married or does it have a time frame??

We didn't have the money to file until about 2 months after the 6 month expiration date. We were married within the 6 month time frame. We simply had to include in our package an explanation of why we didn't file right away, and we listed financial reasons. You really don't want to wait too long, as you're considered "out of status" if you haven't filed by the end of the 6 month. If you have the means, file while in status.

[enlijoe 20]

It is not 6 months to get married it is 90 days. The six months is how long you have to come to the US. Once in US it is 90 days after the date your arrived to get married and file for AOS. So you have until 90 days after you arrived in the US to get married and file for AOS. if that time is coming up or past then I would get you AOS file ASAP or you could be denied you AOS.

[slowlyman 118]

The K-1 expires as soon as you enter the US. Now the I-94 becomes your controlling document. You need to marry within 90 days of entry, then you should file AOS before the I-94 expires. If you allow the I-94 to expire, you start accumulating overstay. Once you file for AOS you can only site back and wait. Right now it looks like average time from filing AOS to GC is 200 days, if you get called for an interview.

http://www.visajourney.com/timeline/aosstats.php?cfl=

If you want to work, or travel outside the US, you should apply for EAD & AP at the same time you file for AOS.

Edited January 3, 2014 by slowlyman

[HK12 273]

We didn't have the money to file until about 2 months after the 6 month expiration date. We were married within the 6 month time frame. We simply had to include in our package an explanation of why we didn't file right away, and we listed financial reasons. You really don't want to wait too long, as you're considered "out of status" if you haven't filed by the end of the 6 month. If you have the means, file while in status.

No, you are considered out of status as soon as your I-94 expires if you haven't filed AOS by then. It does not have anything to do with the six month period that you have to enter the U.S. on a K1 visa. You have six months (max) to enter the U.S. and then have to get married within 90 days. I hope that clears up things a little.

To the OP, you are in a period of "authorized stay" while your AOS is being processed. Do NOT leave the country until you either have your AP or GC in hands (whichever you get first), or your AOS will be regarded as abandoned. Receiving the GC can take anything between 3 and 12+ months (mine took 8 months).

[KayDeeCee 4,892]

We didn't have the money to file until about 2 months after the 6 month expiration date. We were married within the 6 month time frame. We simply had to include in our package an explanation of why we didn't file right away, and we listed financial reasons. You really don't want to wait too long, as you're considered "out of status" if you haven't filed by the end of the 6 month. If you have the means, file while in status.

What 6 months are you speaking of? You have 90 days to marry after entering the US with the K-1 visa. If you marry within those 90 days, then you are eligible to file for AOS. There is no deadline to file for AOS. You are out of status when the I-94 expires after 90 days of entry. The K-1 visa is a one time entry visa and becomes null and void once used to enter the US. Expiration date on the actual K-1 visa does not matter at all for anything once it has been used for entry.

Edited January 4, 2014 by Jay-Kay