Fill out forms and submit within 90 days too??

[lileepad 3]

Hi y'all,

Just wondering, for the K1 visa - do we just have to get married within the 90 day period or do we also have to have the AOS, advanced parole and all the other forms submitted as well before the 90 day ends??


Thanks

[Ash.1101 1,756]

You just have to get married within the 90 days. You could get married on day 90 if you chose too.

After that, it's recommended that you start AOS as a soon as possible, but there is no real time limit to do so. Just remember, if the beneficiary's I-94 is expired (the 91st day!), then they are out of status until USCIS receives AND acknowledges the packet, your receipt that they have the packet in their hands, will be what keeps you in status.

[VOL 425]

You only have to get married within 90 days for the visa, some people never do the AOS........

[aaron2020 11,651]

You only have to get married within 90 days for the visa, some people never do the AOS........

And become K-1 visa overstays who are here illegally and cannot legally work and can be arrested and deported.

[aaron2020 11,651]

Hi y'all,

Just wondering, for the K1 visa - do we just have to get married within the 90 day period or do we also have to have the AOS, advanced parole and all the other forms submitted as well before the 90 day ends??

Thanks

Here is the deal.

The K-1 gives you 90 days in the US. After 90 days, you will be out of status until you file the AOS. Marriage to a USC alone does not give you legal status to be in the US.

If you marry within the 90 days, then you can forgo the I-130 when you file the AOS. If you marry after the 90 days, then you must file the I-130 with the AOS. That's the only consequence of marrying after 90 days.

You do not have to file the AOS within the 90 days. IT's recommended so you will not be out of status.

If you file shortly after the 90 days, you will be out of status until you file for AOS. It's unlikely that anything will happen but be aware that you will be out of status.

If you never file for AOS, you will be living here illegally without the legal ability to work and can be deported. Don't do this.

Best of luck

Edited November 9, 2015 by aaron2020

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Process Forum~

~Inquiry about AOS processes, past K1~

[heo luoi 206]

I remain confused by this. Many posts say to do AOS ASAP. But some of the evidence included is bills/accounts and stuff with fiscal co-mingling. I would think that would take at a minimum 30 days to show up in the mailbox when accounts got reconciled and then at best maybe have like 1 month of financial comingling thats sufficient enough?

[Pitaya 2,577]

I remain confused by this. Many posts say to do AOS ASAP. But some of the evidence included is bills/accounts and stuff with fiscal co-mingling. I would think that would take at a minimum 30 days to show up in the mailbox when accounts got reconciled and then at best maybe have like 1 month of financial comingling thats sufficient enough?

Good question. It is my impression that USCIS realizes that most folks embarking on the AOS process are just starting out their lives together, busy setting up house, getting situated, and in reality, do not yet have many of the "marriage bonafides" (USCIS-speak) that they require later on in the ROC phase of the process. Take a long look at the VJ K1/K3 AOS guide, there is really little mention, except for marriage certificate, of "marriage bonafides."

In contrast, in the ROC process USCIS wants to see as many documents as you can produce, since the inception of the marriage, showing that the marriage was entered into in good faith and not to evade immigration laws; and if it didn't work out, to show the circumstances why it ended. In essence, they want to see as many of the "marriage bonafides" as possible.

HTH,

YMMV.

Good luck on your immigration journey.

[Umka36 781]

I remain confused by this. Many posts say to do AOS ASAP. But some of the evidence included is bills/accounts and stuff with fiscal co-mingling. I would think that would take at a minimum 30 days to show up in the mailbox when accounts got reconciled and then at best maybe have like 1 month of financial comingling thats sufficient enough?

Well for the AOS, all you really need is the marriage certificate along with the forms (see guide). You want to start working on/collecting documents of co-mingling right away should you get an interview, and also for the ROC stage of the process. The interview should you have one is months away. FWIW, we sent in the co-mingling documents with my wife's AOS packet and she still had an interview.

[KayDeeCee 4,893]

I remain confused by this. Many posts say to do AOS ASAP. But some of the evidence included is bills/accounts and stuff with fiscal co-mingling. I would think that would take at a minimum 30 days to show up in the mailbox when accounts got reconciled and then at best maybe have like 1 month of financial comingling thats sufficient enough?

If you check the I-485 instructions and guide here on VJ, you will see that all of that is not required with the initial filing. The only proof of your relationship/marriage that is required with your initial I-485 submission is a copy of your marriage certificate. IF you happen to get an interview, then bring that type of evidence with you at that time.

[heo luoi 206]

Hope this isnt jacking your thread OP. Sorry.

Thanks friends. I went thru all the guides and overall processes but after a lot of time here on VJ the past few months I committed focus on the immediate tasks at hand vs venturing too far off til I got there. Tried to check out AoS threads to get a heads up of things to come and this kinda always tripped me up. Im a little hesitant to dive back in as trying to just enjoy this little breather while (hopefully) waiting for visa to arrive soon.

Good question. It is my impression that USCIS realizes that most folks embarking on the AOS process are just starting out their lives together, busy setting up house, getting situated, and in reality, do not yet have many of the "marriage bonafides" (USCIS-speak) that they require later on in the ROC phase of the process. Take a long look at the VJ K1/K3 AOS guide, there is really little mention, except for marriage certificate, of "marriage bonafides."

In contrast, in the ROC process USCIS wants to see as many documents as you can produce, since the inception of the marriage, showing that the marriage was entered into in good faith and not to evade immigration laws; and if it didn't work out, to show the circumstances why it ended. In essence, they want to see as many of the "marriage bonafides" as possible.

HTH,

YMMV.

Good luck on your immigration journey.

Well for the AOS, all you really need is the marriage certificate along with the forms (see guide). You want to start working on/collecting documents of co-mingling right away should you get an interview, and also for the ROC stage of the process. The interview should you have one is months away. FWIW, we sent in the co-mingling documents with my wife's AOS packet and she still had an interview.

Edited November 10, 2015 by heo luoi

[D.Ba 85]

No financial co-mingling proof asked for in AOS forms.