adjustment of status after getting married on K1 visa

[Predilecta10 1]

Hey everyone Im a lil nervous about my husband imigration status after our wedding,he arrived June 18 2014 and our wedding was on Agust 16 2014,our wedding brought lots of expenses and now we have to gather money for his adjustment of status,is there any time limit after marrying during 90 days,will he get in trouble for not filing right away im a little concern and scare becausewe want to do things the right way,also is there any way I can get a permission for him to work before filing or does ir has to be filed with the adj status as well.

[belinda63 3,053]

There is no time limit to file AOS.

He will be out of status when the I-94 expires which means he could be detained. If this happens (very small to small chance) usually you will be ordered to file AOS immediately and proceedings will be dropped.

He cannot work without authorization and the only way to obtain that is to file for it when you file for AOS.

[Ryan H 3,856]

Moved from K1 Process & Procedures to Adjustment of Status from Family Based Visas forum.

[Predilecta10 1]

Thanks Belinda for answering,how long does the I94 usually expired? and when you say he will be detained what exactly do you mean ?im starting to panic,lets say it expired today and i file next month what could happen im sorry im asking too many qustions but Im just a little panict when it comes to this

[KayDeeCee 4,900]

Filing for the EAD before AOS under the (a )(6 ) category is a pointless waste of money. It takes 2-3 months to receive and will expire when your I-94 does. The I-94 is only good for 90 days, so you will be paying $380 for an EAD that you won't really be able to use. It is not renewable.

When you file for the EAD when filing for AOS under the category of (c )(9 ), the fees for the I-765(EAD) and I-131(AP) forms are waived. The EAD/AP will not only be free in that case, but will not expire for a year and is renewable(also with no fee), if needed.

[KayDeeCee 4,900]

Thanks Belinda for answering,how long does the I94 usually expired? and when you say he will be detained what exactly do you mean ?im starting to panic,lets say it expired today and i file next month what could happen im sorry im asking too many qustions but Im just a little panict when it comes to this

90 days Have you not printed out his I-94? Applied for the SSN? Anything yet? https://i94.cbp.dhs.gov/I94/request.html

[Predilecta10 1]

Hey yes I printed his I94 He actually has his ssn already,im just currently at work right now dont have it in hands to see but I think it said it expires by Sept. dont remember what day exactly

[nobbie 105]

It will be 90 days after he entered the US and as you know when that was.........

[clairegie 265]

Your husband is out of status until you file for AOS. Took us about 7 months before we filed for AOS since we had to save for it too while getting settled in the US. What they are saying is that if you run into ICE, they might detain him for being out of status so do it as soon as you can. ICE will just order you to file AOS. Nothing to panic about really...

[BabyFaceWife 11]

As long as you got married within your 90 days you are fine(which you did). You can take as long as you want to file but the longer you take to file the longer he has to wait to be able to work (and potentially drive depending on your state). Which can be very depressing and frustrating! It takes between 2-3 months to get his permit to work after you file.

[Predilecta10 1]

Thank you so much thats what I needed to know, yes we got married within the 90 days whew!! the I94 expires on the 15th of this month,we are filing for his Aos by the end of this month we think will be ok not gonna last like a year or anything is just a couple weeks after I-94 Expires

[KayDeeCee 4,900]

Thank you so much thats what I needed to know, yes we got married within the 90 days whew!! the I94 expires on the 15th of this month,we are filing for his Aos by the end of this month we think will be ok not gonna last like a year or anything is just a couple weeks after I-94 Expires

Yes, you are eligible to file for AOS as long as you married within the 90 days. There is no deadline to file. You are just accruing unlawful presence when the I-94 expires and there is a small chance of being detained for being out of status, which is what people were telling you about. When you file for AOS, you will then be in a new period of authorized stay. The receipt notice from filing the I-485 can be used to show you are legally here in the US awaiting a decision as an adjustment applicant.

[_Paul&Jesica_ 70]

Thank you so much thats what I needed to know, yes we got married within the 90 days whew!! the I94 expires on the 15th of this month,we are filing for his Aos by the end of this month we think will be ok not gonna last like a year or anything is just a couple weeks after I-94 Expires

One issue with delaying filing is that you risk the medical expiring. The I-485 must be filed within 1 year of the medical or the medical will have to be re-done.