K1 visa AOS

[Ingodwetrust 0]

so where do I start......... please don't judge just looking for facts or valid opinions.

we were approved with the K1 visa back in 2012, my wife entered the US November of 2012. There has been a ton going on, all good things, which is why I ask please don’t rush to judgment. My wife was pregnant at the time when we got approved, so we have a 2 year old and we also have a 6 month old. We have been busy with several projects we’re both involved in and I have had several promotions at work since all this has happened. I mention all this not as an excuse but just to give you an idea of how busy and how fast all this happened. We are blessed that my wife doesn’t have to work, she’s a stay at home mom and this is another reason why we didn’t seem to be in a rush to get the AOS done. We did get married within the 90 days of her arrival and this is where my question begins. Is there a time limit to adjust status or are there any penalties for not doing it within the 90 days of entry. Again we understand she is considered illegal at the moment, again we are just looking for facts. Has anyone else waited these long? What’s the longest any one has waited? Is there any legal ramification because we’ve waited this long? Can they legally deny her AOS because of how long we’ve waited? I hope you can see what kind of help we’re looking for with the type of questions we posted here. Any and all reliable advise is much appreciated.

[BabyFaceWife 11]

I'm a little confused by your post if you could clarify. Did you not get married within the 90 days? I believe that's what you are referring to but since you used the term AOS I just want to be clear. AOS happens after you've gotten married and there is no time limit as to when you have to file. If you did not get married within the 90 days that is a different situation.

I'm a little confused by your post if you could clarify. Did you not get married within the 90 days? I believe that's what you are referring to but since you used the term AOS I just want to be clear. AOS happens after you've gotten married and there is no time limit as to when you have to file. If you did not get married within the 90 days that is a different situation.

[Ian H. 207]

Hi,

The OP did say that he got married within the 90 days he is now concerned about AOS.

OP: Your wife isn't illegal, she is only out of status. That said, you can apply for AOS at anytime and as the spouse of a USC her out of statusness (don't think that's a word) lol is forgiven. The important thing is that you married within the 90 days. Although, now that you have two kids, you do need to meet the poverty level requirements based on your new household size. The fee to apply for AOS is $1070 and she can submit the EAD/AP forms for free as part of the AOS application. Even if she doesn't need to work or travel, she should get them.

Also, the fact that you waited so long means that her medical is expired, so that's another expense and she may need vaccines too.

[BabyFaceWife 11]

Sorry missed that line!